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Acts and resolutions of the General Assembly of the state of Georgia, 1980

Metadata
Text

Collection:: Georgia Government Publications
Title:: Acts and resolutions of the General Assembly of the state of Georgia, 1980
Creator:: Georgia. General Assembly
Publisher:: Atlanta, Ga. : Georgia. Secretary of State
Date of Original:: 1980
Subject:: Administrative acts--Georgia
Legislation--Georgia
Law--Georgia
Location:: United States, Georgia, 32.75042, -83.50018
Medium:: legislative acts
Type:: Text
Format:: application/pdf
Description:: Acts and resolutions of the General Assembly of the State of Georgia.
External Identifiers:: Call Number GA L407 1980 v.1
Metadata URL:: https://dlg.galileo.usg.edu/id:dlg_ggpd_y-ga-bl407-b1980-bv-p1
Digital Object URL:: https://dlg.galileo.usg.edu/do:dlg_ggpd_y-ga-bl407-b1980-bv-p1
Language:: eng
Extent:: 2,510 pages
Holding Institution:: University of Georgia. Map and Government Information Library
Rights:

Received
SEP 0 5 1980
DOCUMENTS UGA LIBRARIES
Compiler's Note
General Acts and Resolutions of the 1980 Session are grouped in Volume One beginning at page 1. Proposed amendments to the Constitution are grouped together beginning at page 2017, of Volume One. This volume is bound separately.
Local and Special Acts and Resolutions are grouped in Volume Two beginning on page 3001. Revisions and amendments of municipal charters made pursuant to the Municipal Home Rule Act of 1965 as amended and filed in the office of the Secretary of State during 1979 are printed in Volume Two beginning on page 4633. Home Rule Actions by Counties filed in the office of the Secretary of State during 1979 are printed in Volume Two beginning on page 4569.
There are no numbered pages between 2473 and 3001.
The indexes are printed in each volume and covers the material in both volumes. The tabular index lists matters by broad categories; the general index is a detailed, alphabetical index by subject matter.

ACTS AND RESOLUTIONS OF THE
GENERAL ASSEMBLY OF THE
STATE OF GEORGIA 1980
Compiled and Published by Authority of The State
lume I

L Ho7 /no
1 /

GEORGIA LAWS 1980

TABLE OF CONTENTS

VOLUME ONE

Acts and Resolutions by Numbers--Page Reference

iv

Bills and Resolutions--Act Number References

xiii

Acts and Resolutions of General Application

3

Resolutions Proposing Amendments to the Constitution

2017

Vetoes by the Governor, 1980 Session

2341

Map of Counties and Judicial Circuits

2347

Appellate Courts--Personnel

;

2348

Superior Courts--Personnel and Calendars

2350

Index--Tabular

--

2360

Index--General

.

2372

Population of Georgia Counties--Alphabetically

2444

Population of Georgia Counties--Numerically

2447

Georgia Senate Districts, Alphabetically by County

2449

Georgia Senators, Alphabetically by Name

2451

Georgia Senators, Numerically by District

2454

Georgia Representative Districts, Alphabetically by County 2456

Georgia Representatives, Alphabetically by Name

2458

Georgia Representatives, Numerically by District

2466

TABLE OF CONTENTS VOLUME TWO

Acts and Resolutions by Numbers--Page Reference

iv

Bills and Resolutions--Act Number References _

xiii

Acts and Resolutions of Local Application

3001

County Home Rule Actions

4569

Municipal Home Rule Actions

4633

Vetoes by the Governor, 1980 Session

:

4751

Map of Counties and Judicial Circuits

4760

Appellate Courts--Personnel

4761

Superior Courts--Personnel and Calendars

4763

Index--Tabular

4773

Index--General

4785

Population of Georgia Counties--Alphabetically

4857

Population of Georgia Counties--Numerically

4860

Georgia Senate Districts, Alphabetically by County

4862

Georgia Senators, Alphabetically by Name

4864

Georgia Senators, Numerically by District

4867

Georgia Representative Districts, Alphabetically by County 4869

Georgia Representatives, Alphabetically by Name

4871

Georgia Representatives, Numerically by District

4879

Status of Referendum Elections for the Years 1953-1979

4887

iii

ACTS BY NUMBERS, PAGE REFERENCES

Act No.
673 674 675 676 677 678 679 680 681 682 683 684 685 686 687 688 689 690 691 692 693 694 695 696 697 698 696 700 701 702 703 704 705 706 707 708 709 710 711 712 713 714 715 716 717 718 719

....
JE ....

Page
3 5 - 7 3003 ... 3007 . 9 3009 3016 3027 10 3030 3034 . 47 49 50 52 .... 53 ... 54 55 57 58 59 ... 60 61 62 63 61 65 67 3038 68 .......3041 - 69 70 3043 72 ......3048 -uui. 82 88 90 . 3053 3058 3060 3063 94 95 98

Act No.

Page

720 ...

303

721

304

722

312

723 .....

314

724

....

3075

725

316

726

321

727

3085

728

3087

729

3102

730

323

731

324

732

326

733

3105

734

.... 328

735 ..

3112

736

I 332

737

335

738

346

739

348

740

350

741

351

742

3116

743 * ...

3119

744 ......

3125

745

3131

746

3133

747

- ... I ... 3134

748

3150

749 -

3153

750

s .....

353

751

...

355

752 ;

3156

753

3159

754 ......

3161

755

... 3164

756

356

757

357

758

.

362

759

i3184

760

- 3186

761

3189

762

.3194

763 .....

3196

764

3198

765 -

... 3201

766

3204

767

I

3205

IV

Act No.
768 769 ... 770 771 772 773 774 775 776 777 778 779 780 781 782 783 784 785 786 787 788 789 790 791 792 793 794 795 796 797 798 799 800 801 802 803 804 805 806 807 ......
808
809
810
811
812
813
814
815

Page

...3208

...3211

...3215

364

3242

...3248

..3250

. :.

3253

365

3267

.3259

...3262

- 3265

- 3268

3272

3275

...3278

.3281

3309

3316

-

.3318

-- 3320

3323

.3329

3331

3363

3367

3369

3372

3376 3380

3384

3386

366

3389

3392

3395

3398

__

3400

3403

-

3406

3407

3423

3426

...3429

367

3447

3463

Act No.
816 817 818 819 820 821 822 823 824 825 826 827 828 829 830 831 -- 832 833 834 835 836 837 838 839 840 as 841 842 843 ... 844 _ 845 846 847 848 849 850 851 852 853 854 855
856
857
858
859
860
861
862
863

Page

...-.3468

3473 3475 369

3480

. 3482

3484

_ 3486

4

3490

3492

__ a

3494

3496

374

-- 3499 3502

3505 3508

.... 3511 3513

3514

3517

s

3519

;

375

378

3521

3523 3527

380 3530 i --3533

3539 3542

3545

i

3555

383

3557

3559

.3562

,

3564

3567

3570

3576

3577

3579

3582

3586

Y

Act No.
864 ... 865 Vi 866 ... 867 ... 868 ... 869 ... 870 ... 871 ... 872 ... 873 ... 874 ... 875 ... 876 ... 877 ... 878 879 ... 880 ... 881 ... 882 ... 883 ... 884 ... 885 ... 886 ... 887 ... 888 ... 889 ... 890 ... 891 ... 892 ,.. 893 .. 894 .. 895 ... 896 .. 897 ... 898 899 .. 900 .. 901 .. 902 .. 903 .. 904 .. 905 .. 906 .. 907 .. 908 .. 909 .. 910 911 .. 912 .. 913 ...

Page Act No.

page

3588
. 3590 .3593
. 3595 3597 .3600
387 . 388 . 390
393 . 394 _ 396 . 399 _ 400 .. 402 .. 404 . 405
415 .. 416
420 .. 422 .. 426 .. 429
431 .. 432 .. 436 _ 437
438 .. 439 .. 441 .. 443 I 448
450 .. 451 .. 452
.. 455 .. 458 .. 459 .. 461 .. 463 .. 465 | 470 .. 472 .. 473 .. 475 _ 479 .. 485 .. 487 .. 489 .. 491

914 915 ... 916
917 918 . 919 920 921 922
923 924 _. 925 926 927 928 929 930
931 932 933 934 935 936
937 938 939 940 941 942
943 944
945 946 947 948 949 950 951 952 953 954 955 956 957 958 959 960 961 ... 962 963

..... ......

493 495 497 .... 498 501 503 505 507 509 511 514 516 518 519 523 526 527 528 530 534 536

543

547

550

551

......

553

555

556

561

563

566

-

568

571

-

- 572

-

576

- - 581

- 585

586

-

587

- 589

590

- 591

593

-

595

-

596

598

- 600

-

601

-

603

VI

Act No.
964 965 966 967 968 969 970 971 972 973 974 975 976 977 978 979 980 981 982 983 984 985 986 987 988 989 990 991 992 993 994 995 996 997 998 999 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012

Page Act No.

.. 611 1013

.. 616 1014

.. 618 1015

620 1016 _

. 623 1017

.. 635 1018

.. 638 1019

.. 639 1020

.. 640 1021

.. 644 1022

.. 645 1023

.. 649 1024

_ 675 1025

.. 678 1026

680 1027

.. 684 1028 _.

.. 685 1029

.. 687 1030

_ 690 1031

. 691 1032

.. 698 1033

. 699 1034

.. 700 1035

.. 707 1036

. 709 1037

.. 710 1038

.. 712 1039

. 713 1040

.. 715 1041

,

. 719 1042

.. 722 1043

.. 724 1044

. 731 1045

_ 733 1046

. 736 1047

. 738 1048

.. 746 1049

. 747 1050

.. 749 1051

.. 753 1052

.. 755 1053

.. 756 1054

. 758 1055

.. 769 1056

.. 760 1057

. 763 1058

. 765 1059

. 768 1060

.. 770 1061

Page
_ 771 773 775 782 784
3605 3607 3608 3611 3613 . 3617 3621 . 3625 3628 3631 3633 3635 3637 3640 3646 3644 3651 3653 3658 3661 3664 3667 3689 3691 3692 3695 3698
805 3700 ... 3702 806 3707 3716 ...3720 3723 3724 3727 3730 820 822 824 --- 826 828 830

Act No.
1062 ... 1063 I 1064 ... 1065 ... 1066 ... 1067 ... 1068 ... 1069 ... 1070 ... 1071 ... 1072 ... 1073 .. 1074 _. 1075 ... 1076 ... 1077 .. 1078 .. 1079 ... 1080 ... 1081 ... 1082 ... 1083 I 1084 ... 1085 .. 1086 ... 1087 .. 1088 .. 1089 ... 1090 .. 1091 .. 1092 ... 1093 ... 1094 .. 1095 .. 1096 .. 1097 ... 1098 ... 1099 ... 1100 ... 1101 ... 1102 .. 1103 I 1104 .. 1105 .. 1106 .. 1107 1108 1109 .. 1110 .. 1111 ..

Page Act No.

831 833 ... 834 ... 835 ... 917 ... 919 ... 921 ... 922 ... 924 ... 925 ... 936 938 ... 939 942 ... 952 ... 956 .. 959 ... 963 ... 965 ... 966 ... 968 ... 969 ... 972 ... 976 ... 979 ... 981 ... 995 ...1004 --1005 ...1008
...1010 .1011 ...1013 ...1017 ...1034
.1038 .1040 ...1043 ...1045 ...1046 ...1048 ...1049
...3735 --.1050
1053 --3742 ...1059 ...3753 ...1061 ...3757

1112 . 1113 . 1114 .
1115 . 1116 . 1117 . 1118 . 1119 1120 . 1121
1122 1123 1124
1125 1126 1127 1128 1129 1136 1131 1132 1133 1134
1135 1136 1137 1138 1139 1140 1141
1142 1143 1144
1145 1146 1147 1148 1149 1150 1151 1152 . 1153 . 1154 .
1155 1156 .
1157 1158 . 1159 1160 1161 .

Vlll

Page
1062 3766 1063 .3769 3805 3809 1065 .1075 .1076 1081 1082 .1083 1094 1095 .1097 1101 1107 1108 3812 1118 .1119 1121 .3815 1124 1126 .1127 1128 .1131 1134 1136 .1142 .1145 .1147 .1149 .1150 .1154 .1157 1159 .3827 .1160 .3831 .1162 .3841 1163 .3852 .1169 .1170 1173 .1174
.1175

Act No.
1162 ... 1163 ... 1164 ... 1165 ... 1166 _. 1167 p 1168 ... 1169 ... 1170 ... 1171 ... 1172 ... 1173 ... 1174 ... 1175 ... 1176 ... 1177 ... 1178 .. 1179 ... 1180 _ 1181 .. 1182 .. 1183 .. 1184 .. 1185 .. 1186 .. 1187 _ 1188 .. 1189 .. 1190 .. 1191 1192 .. 1193 ... 1194 .. 1195 .. 1196 .. 1197 .. 1198 .. 1199 .. 1200 .. 1201 .. 1202 .. 1203 .. 1204 . 1205 .. 1206 . 1207 . 1208 . 1209 .. 1210 ..

Page Act No.

.1176 .1178 .3855 .3858 .3860 .3863 .3866 .3880 .3887 .3890 .3894 .3896 .3899 .1179 .3903 .3905 .1185 .3907 .3911 .1181 .3914 .3918 .3921 .3924 .3927 .3929 .3932 .1188 .3935 .3939 .3941 .3950 .3954 .3958 ..3961 .3963 .3967 ..3970 ...3972 .3976 ...3978 ...3981 ...3983 ...3994 ...1206 ...3996 ...4000 ...1212 ...4001

1211 .. 1212 .. 1213 .. 1214 . 1215 . 1216 . 1217 . 1218 . 1219 . 1220 . 1221 . 1222 . 1223 . 1224 . 1225 . 1226 . 1227 . 1228 . 1229 . 1230 . 1231 . 1232 . 1233 . 1234 . 1235 . 1236 . 1237 . 1238 1239 1240 1241 1242 1243 1244 1245 1246 1247 1248 1249 1250 . 1251 1252 1253 1254 1255 1256 1257 1258 1259

IX

Page
.1214 .4002 .4004 -4012 .4045 .4050 -4071 .4075 .4080 .4085 ..4088 .4091 .4110 ...4120 .4122 ...4127 ...1222 .4133 .4136 ...4138 ...4140 ...4143 ...4147 ...4149 ...4152 ...4158 ...4168 ...4160 ...4163 ...4166 .4169 ...4173 ...4177 ...4180 ...4184 ...4184 ...4187 ...4189 ...4192 ...4194 ...1232 ...4199 ...4201 ...4206 ...4224 ...4226 ...4230 ...4232 ...4235

Act No.

Page Act No.

Page

1260

-

4237

1261

4241

1262 ...._

4244

1263

4247

1264

4250

1265

4255

1266

...4258

1267

4262

1268

-

.4265

1269

4270

1270 _

4273

1271 -

4275

1272 -- --~

4278

1273

--

4281

1274

4285

1275

4288

1276

-

4290

1277

-

4293

1278

_

4296

1279 - --

4298

1280

4301

1281 -

-.4307

1282

4310

1283

-

4311

1284

4313

1285

--

4324

1286

- -

4327

1287

4330

1288

4332

1289

4333

1290

...4340

1291 _.

1233

1292 - -

1242

1293

-

1245

1294

1247

1295 -

1249

1296

-ZZ1 1251

1297 ...EE....

1297

1298

1254

1299 ---E--

1256

1300

1261

1301 -.IE--. --

1266

1302

-

1269

1303

Z--Z--1279

1304 "ZZZ--

1280

1305 - --- - --

1282

1306 -

- -.1286

1307

1288

1308

-

1292

1309

--....

1298

1310 -

-- 1299

1311 ..

1311

1312

1328

1313

1332

1314

1334

1315

1337

1316

1343

1317

1344

1318

4343

1319

4344

1320

...

4347

1321

1346

1322

1352

1323

1355

1324

1357

1325

1358

1326

4350

1327

1359

1328

4354

1329

4357

1330

1361

1331 .

......1374

1332 --

1382

1333

1388

1334

1390

1335

...... - 1393

1336

1395

1337

1398

1338

...1406

1339

1413

1340

1418

1341

_

1420

1342 -

1428

1343

1432

1344

1345

4358

1346 .. .T~*tL

1436

1347

l^ppSjLZ--4361

1348 -fKfr

1446

1349

- -,----4371

1350

-

...1447

1351

1451

1352 -

4378

1353

4380

1354 IZ.Z--r.'.'.Z-,.I^.l. 4384

1355

4388

1356

4402

1357

- - 4407

1358

-

- 4411

1359

X

Act No.
1360 1361 1362 1363 1364 1365 1366 1367 1368 1369 1370 1371 1372 1373 1374 1375 1376 1377 1378 1379 1380 1381 1382 1383 1384 1385 1386 1387 1388 1389 1390 1391 1392
Res. No.
84 86 ... 86 ... 87 88 89 90 91 92 ... 93 ... 94 95

Page
.4419 .4422 .4455 .4457 .4461 .1456 .4463 .4467 .4469 .4472 .4483 .1459 .1466 .4488 .4502 .4517 .4520 .4537 ..4540 .1508 .1509 .1511 .1538 .1541 .1543 .1544 .1547 .1550 .1553 .1555 .1561 .1562 .1563

Act No.
1393 . 1394 . 1395 1396 . 1397 . 1398 1399 . 1400 . 1401 . 1402 1403 . 1404 1405 . 1406 . 1407 . 1408 . 1409 . 1410 1411 1412 . 1413 1414 1415 . 1416 . 1417 . 1418 . 1419 . 1420 . 1421 . 1422 . 1423 . 1424 .

RESOLUTIONS BY NUMBER

Page
_ 41 43
. 46 .3104 . 369 . 385 . 785 .. 787 . 788 . 789 . 790 . 791

Res. No.
96 97 98 99 100 101 . 102 103 . 104 105 . 106 . 107 .

XI

Page
1565 1673 .1661 .1683 .4665 .1686 .1707 .1715 1722 .1723 .1735 .1736 ..1738 .1746 .1758 .1759 .1761 .1764 .1765 .1767 .1769 .1783 .1784 .1787 .1789 .1790 .1795 .1799 .2001 .2002 .2004 .2008
Page
... 794 ... 796 ...3603 ... 799
3604 ... 803 ... 807 .. 808
3734 ... 810 .. 812 .. 815

Res. No.

Page

108

819

109 |

1192

110

-

1194

111

-1197

112

3989

113

H99

114

1201

115

. 3990

116

117

1205

118

- - - 3992

119

- 4543

120

121'--

4543

122

123

..4546

124

,--4547

125

126 " ' '

4549

127 ...

4550

128 ... 129

--4551 4552

130 .....

4554

131

... _____

4555

132

133

134

V. I-.--. 4556

135 136

137

--4558

138

139

BpSt-T 4560

140

_____

4561

141

142

1490

143

- 1493

144

- 4562

145

-

1495

146

147

1499

148

1500

149

1501

150

1503

151

...4564

152

153

..--2009

154

----2010

155

2024

156

2026

Res. No.

Page

157

...2027

158

.2029

159

.2032

160

.2033

161

.2035

162

.2045

163

.2048

164

.2050

165

-

.12200522

166

.2053

167

..2055

168

.2071

169

---.12408807

170

.2089

171

- 42504942

172

. 2094

173

.2096

174

- -.4.2504988

175

.2102

176

.2103

177

.2105

178

.2106

179

..2108

180

..2109

181

I.......12418121

182

.12418142

183

..2114

184

.4.2515178

185

-3-3_ -1.2418169

186

.2121

187 188

.4.2515293 ...2125

189

.2127

190 : 191

: .12418298 .2133

192

.2134

193

..2144

194

-2146

195

W~* ..42516438

196

.2150

197

..2151

198

.2154

199

..2158

200

.2159

201

-----

202

..221151066620

203

..2163

204

..2166

205

.2168

Res. No.
206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237

Page Res. No.

... 2169 ...2171 ... 2173 ...2174
-.2176 ...2177 ... 2180 . 2184
. 2185 . 2187 ...2190 ...2194 . 2196 ...2198 ...2200 .2202 . 2203 ..2205 ..2207 ...2209 .2211
2215 .2216 .2219 .2221 . 2223 2225 2227 2232 2247 -2250 .2252

238

239

...

240 __

241

242

243

244

245

246

247 ......

248

249

250 - -

251

252

253

254

255

256

257

258

259

260

261

262

263

264

265

266 --

267 268

Page
2255 2257 2260 ....2261 .....2263 2266 2268 2271 ...2273 2276 2280 2283 2286 2288 2290 2292 2295 2297 2299 2301 ...2303 2305 ...2307 ...2310 2312 ....2315 2333 ... 2337 2338 ....1520 ...1684

BILLS AND RESOLUTIONS--ACT NUMBER REFERENCES

House Bill

Act No. House Bill

Act No.

11 40 42 50 61 62 104 109 112 116 -- 169 180 184

736

--

1056

889

1385

-- 1401

-- 1386

.1138

891

892

893

894

-

895

195

.....

896

206

-

Veto 12

228

-

1303

253

897

273

... 889908

274

899

275 -

900

277

--1387

279 ...

--1330

284

1139

308

- 901

327

902

362 ---

__ 658

xiii

House Bill
387 . 390 393 . 407 . 457 . 463 . 476 . 488 . 492 497 . 499 . 523 . 540 . 553 . 572 . 573 590 . 599 . 610 611 . 629 . 651 . 655 656 . 672 . 688 696 . 698 . 701 . 708 . 709 711 717 . 748 . 751 . 765 772 . 776 . 785 791 803 813 815 816 831 835 842 845 860 873

Act No.
... 903 ...1331 ... 904 ...1291 ..1402 ..Veto 13 ...1067 ... 905 .1140 ... 906 ...1304 ...1332 .... 907 ...1305 ... 908 .... 909 ... 910 .... 673 ...1403 ...1404 .... 912 ... 913 .... 914 .... 916 ...1333 .... 916 .... 917 ...1388 ...1413 .... 924 .... 678 ....1141 .... 918 .... 919 .... 748 ...1421 .... 920 ...1406 .... 921 ... 925 .... 880 ...1142 .... 926 ...1306 ...1143 ....1211 ....1144 ...1307 .... 721 ...1058

House Bill
875 . 887 895 906 919 957 1008 . 1012 1020 1030 . 1035 . 1038 1039 . 1057 . 1062 1071 1074 . 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1088 1090 1091 1092 . 1093 1096 1099 1100 1101 1103 1104 1105 1107 1108 1109 1110 1111 1113 1116 1117 1118 1119 1120 .

XIV

Act No.
... 927 | 742 Veto 14 .... 928 .... 929 ... 930 2 743 ... 744 ... 931 ... 676 --1059 ... 745 ... 746 ... 932 ...1145 .... 682 .... 705 .... 710 .... 738 ...1308 .... 739 .... 740 .... 741 ...1309 ...1310 ...1311 .... 684
958 .... 959
ir 960 ... 674 ...1060 .... 747 ..Veto 15 .... 961 .... 703 .... 962 .... 963 ... 964 .... 965 .... 966 .... 967 il 968 .... 969 .... 970 .... 971 .... 972 .... 973 .... 974 .... 975

House Bill

Act No. House Bill

Act No.

1121

.Veto 16 1210

Veto 18

1123 ...

976 1211

r 708

1125

748 1212

1392

1127

- 704 1213

1393

1128

- 749 1214

1131

977 1218

992

1135 .

- 1389 1225 .....

1406

1137 ......

978 1229

1063

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- 1061 1233

993

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1150

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881 1245 _.

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-

882 1248

760

1148

883 1249 ....

995

1149

884 1250

1407

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885 1251

1335

1151

886 1256

...

996

1162

887 1259

1064

1153

Veto 17 1260 ..

1313

1155

888 1265

997

1156

732 1268

1420

1159

750 1270

761

1165

1390 1271

998

1166

982 1277

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675 1278

i 999

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- 751 1280

1151

1177

983 1283 ......

1000

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762

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1001

1184

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....1002

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752 1289

1153

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...1003

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985 1293

-

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986 1294

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1192

987 1298

....1005

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...1006

1194

989 1300

1007

1195

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Veto 19

1199

1147 1302

1314

1200

...1148 1305

763

1203

719 line item Vetoes 1312

--- 1408

1205

991 1315

1155

1207

-- 1423 1317

1008

1208

754 1319

764

1209

1149 1320

765

XV

House Bill
1321 1322 1323 1324 1325 1326 1330 1332 1339 1340 1341 1345 1349 1352 1364 j 1365 1370 1372 1373 1376 1383 1386 1387 1391 1392 1394 1402 1406 1407 _ 1408 ...... 1409 1411 1412 1416 1418 1419 1420 1421 1422 1423 1424 1428 1430 1432 1435 1436 1439 1445 1447 1449

..... 1
a

Act No.
1041 766 767 1156 1042 768 1394 769 1415 1009 770 1157 1010 771 1011 1416 1012 1..1417 ...1337 1158 772 773 774 1418 1013 775 776 1395 fist1 722 723 133? 777 1043 ...1339 714 1044 1014 1015 1315 726 1048 .1065 1016 731 1017 1159 1340 1160 933 934

House Bill

Act No.

1450

1371

1451

1341

1453

1212

1455

935

1456

778

1457

779

1458

.......1161

1460

1162

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1066

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936

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937

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725

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...... 781

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782

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1489

i 679

1490

783

1491

784

1492

785

1494

1396

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-.1419

1499 --

3 943

1500

Vetoed No. 6

1501

- 786

1503

...1164

1504

- 787

1505

788

1506

944

1507

H65

1508

-

945

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- 947

1511 1512 -

-- 789 -.1409

1514

790

1515

- 791

1516

.--

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793

1518

- - 794

1519

795

1520

-

796

XVI

House Bill

Act No.

1521

- 797

1524 . ' :

798

1525

799

1526

800

1528

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1530 13

---11 727

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1547

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-- 805

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806

1550

-- 807

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808

1552

-

-1373

1554

948

1556

733

1561

1067

1563

949

1564

1045

1565

809

1568

950

1570

1343

1573

810

1575 -

-

951

1577

952

1578

Veto 20

1590

1168

1592

-1344

1595

681

1596

735

1597

811

1598

-

812

1599

813

1600

814

1601 -

953

1602

815

1608

816

1609

- 817

1612

1613 -

818

1614

819

1615

- 820

1616

-- 709

1617

-

821

1620

- - 822

House Bill

1624

1625

1626

1627

1628

1629

1630

1631

1632

1633

1636

1640

1641

1643

1645

1646

1648

1650

1651

1652

1653

1654

1655

1656

1657

1658 --

1659

1660

1661

1662

1663

1666

1670

1672

1673

1676

1678

1679

1680

1682

1683

-

1685

1686 1688

1689

1690

1691

1692

1693 -

1697

Act No,
823 824 825 626

828 829 1374 1345 ! 830 716 1346 1317 831 l ` 1169 832 1213 111 1_ 833 ...... 834 835 836 Z.__ 837 838 839 1170 1171 840 841

843

844

1318

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711

846

1068

1172

734

-

847

848

1410

...1214

1289 - - 1915743
- 849

850

-

851

852

-

853

854

JCV11

House Bill
1698 1699 1701 1703 1704 1706 1706 1708 1709 1710 1711 1712 1714 1717 1718 1719 1720 1721 1723 1724 1728 1730 1731 1732 1733 1734 1735 1736 1738 1739 1740 1741 1743 1745 1746 1747 1748 1751 1754 1755 1756 1757 1758 1759 1760 1761 1762 1764 1767 1768

Act No.
. 855 .1215 . 955 .1319 . 856 1216 .1174 1217 .1175 .1218 . 729 1176 .1347 . 857 .1177 1046 .1047 . 858 J 859 . 860 .1219 .1049 . 956 .1348 .1220 .1050 .1221 .1222 .1223 . 861 .1224 .1349 i 862 .1051 .. 863 i 864 .1069 .1350 .1225 ..1052 .1226 . 865 .. 866 .. 867 | 868 ..1178 .1179 i 957 .1053 .1054

House Bill

Act No.

1769

728

1771

...

1351

1772

1227

1773 ...

1228

1775

1180

1776 ......

1181

1777

1182

1780

1229

1781

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1788

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1789

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1235

1792

.....

1236

1793

1237

1794

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1795

1352

1797

724

1798

H88

1800

-1189

1801

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1802

1239

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1804

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1805 -- -

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1807

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1354

1809

1241

1810

1811

1243

1812

1244

1813 ..... -

1245

1815

1355

1816

H93

1817

H94

1818

1246

1819 - --

-.1247

1820 -

1248

1821

1249

1822

1250

1823

H95

1824

1251

1825

- I252

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House Bill

1826

1827

1828 *

1829

1831

1832

1833

1834 .

1835

1836

1837

1838

1839

1840

1841 ..CSgggg

1847

1848

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1850

1851

1852 --

1853

1854

1855

1856

1857

1858 ...

1859

1860 --

1861 ..

1862

1864

1865 --

1866

1867

1868

1869

1870 --

1871

1874

1875

1876

1879

1880

1881

.

1882

1883

1884

1885

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1887

1888

1889

1890

1891

1892

1894 .....

1895

1897

1898

1899

1900

Act No.

- 1263

1196

1197

..... 1254

....1265

1320

-1198

...1055

-

...1199

- -1200

1201

1202

- 1256

1257

... 1203

1258

1259

-- 1260

1261

1356

1262

1263

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1264

1265

1357

1266

1267

1268

1375

1_ 869

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1270

1271

1272

1376

1273

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- ...1274

1275

..... 1276

1277

1358

1278

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1397

..... 1280

1281

1359

1282

1360

1377

1283

1284

--1290

1361

1285

1362

1363

1364

1365

1366

House Bill

Act No.

1901

1367

1902

1286

1903

1378

1904

13'68

1905

1287

1906

' -- "1869

1907

:.:.:.1370

1908

1288

Senate Bill

Act No.

11

31

42

43

52

60

68

106

137

145

169

217

218

249

250

271

290 --

296

298

326

328 --

329

--

330

331

333

338

--

346

348

... -

355

357

359

360

361

362

363

364

--

365

366

367 -

368

369

370

371

372

---

374

375

376

377

--

378

380

.....

381

1293 685 1071 1072 1294 1073 1206 1074 ..1075 1382 1295 1296 1076 1398 1379 1077 1380 1118 1078 Veto 7 --1383 1079 1080 1019 ..Veto 8 1081 1297 922 756 686 687 1082 688 Veto 9 689 690 691 692 693 694 1119 695 696 697 698 699 700 701 1120 1083

XIX

Senate Bill

Act No.

382

1084

383

- 1121

384

...1122

386

1411

386 -...-

1123

387

1085

388

1124

389 .'....

923

391

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392

...1207

401

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403 .I...

---

757

404 --

871

405 406

--; -

870 872

407

873

408

874

409

875

411

876

414

730

415

416

418

712

42401 MR

1126

425-d ....

1127

428

1089

430

1128

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--

1298

432

1129

433

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434

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438

.......

1130

439

1131

440

1020

442

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443

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1381

457 --

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461 --

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1022

463

1023

464

1024

446656:'j.

1025 1026

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470 .....

1400

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474

717

476

--1134

486

1135

489

1094

491

H36

494

- 1137

498

Veto 10

501

1095

Senate Bill
511 512 513 514 515 517 519 520 521 522 523 524 525 527 532 533 536 537 538 541 544 546 547 548 549 553 557 559 560 561 562 566 567 569 570 572 574 576 577 580 582 583 584 587 588 594 595 596 597 599 604 606 610 613 614 615 616 618

Act No.
1027 1028 ... 1029 1030 1322 1031
877 878 879 1323 1096 1032 ..1 1104 683 1105 1097 1106 1107 1108 1098 --11038072 11008383 1034 ... 707 -- 1035 1099 Veto 11 1109 1036 1208 718 1110 1324 ...1100 1325 1111 ...1209 111341011122 ., 1101 1422 1326 1102 1103 1327 --1113 1114 ..----.1384 1328 1037 1329 ...1210 1115 1116 ....1038 1039 1040 1117

House Resolution Res. Act No. House Resolution Res. Act No.

41-124 79-311 152-551 159-621 204-794 296297313-1031 429430432433434435438-1103 443-1103 448449450453454456-1162 458459460461462463470471472473476-1248 I 478479480481482483485-1270 ..... 491492493494507508509510511512513514516517518519520521525526527542-1416

169 CA 543-

90

544-

119

545-

120

546-

- 121

547-

954998-1427 - - ---- 91 97

155010-9

122

170 CA 552-

156130-3

171 CA

156140-3

172 CA

1516053-

92

1516083-

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1516093-

173 CA

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573-

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126 99

1517485-1.550 ... - -

93 227 CA

158114-5

200 CA

158124-5

201 CA

1518465-

127

202 CA 587-

1518791-

JL 203 CA

159109-0

204 CA

151991-0

174 CA

1519920-

- - - 205 CA

1529060-1603

128 186 CA

1622010- ---

87

1622322-

175 CA

16232-

176 CA

1622342-

177 CA

1622358-

178 CA

206 CA 626-

162361-0

- 207 CA

1623620-

129

1623640-

-- 179 CA

1623650-

208 CA

1623760-

- 95

1624730-

209 CA

if 130

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86

1626981-

210 CA

1626991- .....

131

1637046-1686 --

132 191 CA

1637162-1686

__ 133 241 CA

1637187-

134

1637199-

135

163840-6

180 CA

163814-6

181 CA

1638426-

84

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1 17711336856--511177-1166

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- 212 1C4A9

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213 CA

172356-1

-

214 CA

1 17733227769--0

- 215 CA 216 CA

17328-3

183 CA

173292-

217 CA

.

96

730-

XXI

House Resolution Res. Act No. Sena te Resolution Res. Act No.

731-1753

750-1772

753-

754-

755-

756-

757-

758-

771-

772-

773-

774-

775-

776-

778-1823

-

781-1830

785-1850

807-1870

823-1875

826-

827-

828-

831-1900

864-1901

Senate Resolution

222477 ...248 249 250

---
-

198 CA 256

J 150

258

1 262 776

1 264 776

1 265 776

1 269 778

1 271 778

1 277 796

1 280 .805

1 281 805

1 282 .805

1 283 805

1 284 805 .

1 285 .805

258 CA 289 .

- 259 CA 290 .

260 CA 291 .

261 CA 294 .

262 CA 298

1 307 885

1 311 887

1 314 . 891

199 CA 318

266 CA 321

332

Res. Act No. 338

115543 CCAA

339 342

15859 CA

343 . 348

19

358

110

111

- 112151

214082 CA

--

101214540239 CA

- ... 225608 CA

121531 CA

-

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CA CA

.. 12574 CA

121555 CA

---- 121566 CA

-- 112105757 CA

.. 158 CA

... 159 CA

106

...... 118

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. 161 CA

_. 267

164 CA

--- 165 CA

107

166 CA

167 CA

...- 168 CA

108

XXII

ACTS AND RESOLUTIONS OF THE
GENERAL ASSEMBLY OF THE
STATE OF GEORGIA 1980
Compiled and Published by Authority of The State
1

ACTS AND RESOLUTIONS OF THE
GENERAL ASSEMBLY OF THE
STATE OF GEORGIA
1980
MEDICAL PRACTITIONERS--LICENSING OF ALIENS, DISCIPLINE OF PHYSICIANS. Code Chapter 84-9 Amended. No. 673 (House Bill No. 599). AN ACT
To amend Code Chapter 84-9, relating to medical practitioners, as amended, so as to change the residence requirements of certain aliens; to give the board authority to refuse to grant a license to an applicant or to discipline a licensed physician who has been convicted of a felony in the courts of the United States; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia; Section 1. Code Chapter 84-9, relating to medical practitioners, as amended, is hereby amended by adding a new paragraph at the end of Section 84-907.5, to read as follows: "Any qualified applicant who is an alien, except for graduates of accredited Canadian medical schools as approved by the Composite State Board of Medical Examiners, must have resided in the United States for one year. All qualified applicants who are aliens and who shall comply with all other requirements of this Chapter shall be

4

GENERAL ACTS AND RESOLUTIONS, VOL. I

eligible to stand the examination herein provided for and upon his successful completion thereof shall be granted a license to practice medicine upon compliance with all other requirements prescribed as a prerequisite to the issuance of a license. Graduates of accredited Canadian medical schools, as approved by the Composite State Board of Medical Examiners, are exempt from the residency requirement of one year in the United States and may be granted a license by endorsement of the LMCC examination without further examination if the Board determines that the applicant substantially meets the qualifications required for licensure in the State of Georgia."
Section 2. Said Code Chapter is further amended by striking paragraph (3) of subsection (a) of Section 84-916 in its entirety and inserting in lieu thereof a new paragraph (3) of subsection (a) of Section 84-916, to read as follows:
"(3) Been convicted of a felony in the courts of this State or any other state, territory, country, or of the United States. `Conviction of a felony' as used in this Section 84-916(a) shall include a conviction of an offense which if committed in this State would be deemed a felony under either State or Federal law, without regard to its designation elsewhere. For the purposes of this Section 84-916(a), a `conviction' shall include a finding or verdict of guilt, a plea of guilty, or a plea of nolo contendere in a criminal proceeding, regardless of whether the adjudication of guilt or sentence is withheld or not entered thereon; or".
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved January 24, 1980.

GEORGIA LAWS 1980 SESSION

5

GEORGIA PRESIDENTIAL PREFERENCE PRIMARYNAMES OF CANDIDATES.
Code Section 34-1003A Amended.
No. 674 (House Bill No. 1092).
AN ACT
To amend Code Section 34-1003A, relating to the Georgia Presidential Preference Primary, so as to provide that certain names shall not appear on the list of names of potential presidential candidates; to provide that the selection committee shall not consider the names of certain persons; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia;
Section L Code Section 34-1003A, relating to the Georgia Presidential Preference Primary, is hereby amended by adding, immediately following the words "primary in this State" where such appear in the second sentence of subsection (a) of said Code Section, the following:
"; provided, however, the Secretary of State shall not include on such list the name of any potential presidential candidate who, if elected to the office of President of the United States, would be ineligible under the Constitution and laws of the United States to serve in such elected office",
and by adding, immediately following the words "consider such requests" where such shall appear in the second sentence of subsection (b) of said Code section, the following:
"; provided, however, the committee shall not consider any request to place the name of any potential presidential candidate on the ballot if such potential presidential candidate, if elected to the office of President of the United States, would be ineligible under the Constitution and laws of the United States to serve in such elected office.",

6

GENERAL ACTS AND RESOLUTIONS, VOL. I

so that when so amended Code Section 34-1003A shall read as follows:
"34-1003A. The name of any candidate for a political party or body nomination for the office of President of the United States shall be printed upon the ballot used in such primary:
(a) Upon the direction of a presidential candidate selection committee composed of a nonvoting chairman who shall be the Secretary of State, the Speaker of the House of Representatives, the Majority Leader of the Senate, the Minority Leaders of both the House and Senate, and the chairmen of the political parties and bodies who conduct a presidential preference primary pursuant to Section 34-1002A. The Secretary of State, during the second week in January of the year in which a presidential preference primary is held, shall prepare and publish a list of names of potential presidential candidates who are generally advocated or recognized in news media throughout the United States as aspirants for that office and who are members of a political party or body which will conduct a presidential preference primary in this State; provided, however, the Secretary of State shall not include on such list the name of any potential presidential candidate who, if elected to the office of President of the United States, would be ineligible under the Constitution and laws of the United States to serve in such elected office. The Secretary of State shall submit such list of names of potential presidential candidates to the selection committee during the third week in January of the year a presidential preference primary is held. The selection committee shall meet in Atlanta during the fourth week in January of the year in which a presidential preference primary is held, on a date publicly announced by the chairman. Each person designated by the Secretary of State as a presidential candidate shall appear upon the ballot of the appropriate political party or body unless all committee members of the same political party or body as the candidate agree to delete such candidate's name from the ballot. The selection committee shall publicly announce and submit the names of presidential candidates who shall appear on the presidential primary ballot to the Secretary of State no later than February 1 of the year a presidential preference primary is held. Not later than February 5 of each year a presidential preference primary is held, the Secretary of State shall notify each potential presidential candidate designated by the committee for inclusion on the primary ballot. Such notification shall be in writing by registered mail with return receipt requested.

GEORGIA LAWS 1980 SESSION

7

(b) Any presidential candidate whose name is not selected by the Secretary of State or whose name is deleted by the selection committee may request, in writing, to the chairman of the selection committee, prior to February 10 of each year a presidential preference primary is held, that his name be placed On the ballot. Not earlier than February 10, nor later than February 15, the Secretary of State shall convene the committee to consider such requests; provided, however, the committee shall not consider any request to place the name of any potential presidential candidate on the ballot if such potential presidential candidate, if elected to the office of President of the United States, would be ineligible under the Constitution and laws of the United States to serve in such elected office. If any member of the selection committee of the same political party or body as the candidate requests that such candidate's name be placed on the ballot, the committee shall direct the Secretary of State to place the candidate's name on the ballot. Within five (5) days after such meeting, the Secretary of State shall notify the potential presidential candidate whether or not his name will appear on the ballot."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved January 31, 1980.

SUPPLEMENTARY APPROPRIATION--OFFENDER REHABILITATION.
No. 675 (House Bill No. 1167).
AN ACT
To provide a supplementary appropriation for the Department of Offender Rehabilitation for the fiscal year ending June 30, 1980,

8

GENERAL ACTS AND RESOLUTIONS, VOL. I

in addition to any other appropriations heretofore or hereafter made for the operation of State government and the purposes provided for herein; to confer certain responsibilities upon the Office of Planning and Budget; to provide an effective date; to repeal conflicting laws; and for other purposes.

Be it enacted by the General Assembly of Georgia:

That the sums of money hereinafter provided are appropriated for the fiscal year beginning July 1, 1979, and ending June 30, 1980, as prescribed hereinafter for such fiscal year, and are in addition to any other appropriations heretofore or hereafter made for the operation of State government.

Section 1. Department of Offender Rehabilitation

A. Budget Unit: Department of Offender Rehabilitation

$1,214,000

1. Central Funds Budget: Capital Outlay Total Funds Budgeted State Funds Budgeted
Budget Unit Object Classes: Capital Outlay

$1,214,000 $1,214,000 $1,214,000
$1,214,000

TOTAL SUPPLEMENTAL APPROPRIATION

FISCAL YEAR 1980

$1,214,000

Section 2. The Office of Planning and Budget is hereby directed to economize wherever possible and in the event any part of the appropriations provided in the foregoing Section of this Act shall be in excess of the actual approved budget allotments for the fiscal year, the amounts so in excess as determined by the Office of Planning and Budget shall cease to be an obligation of the State.

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

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

Approved January 31, 1980.

GEORGIA LAWS 1980 SESSION

9

HEALTH INSURANCE COVERAGE FOR RETIRED STATE EMPLOYEES, ETC.
No. 678 (House Bill No. 709).
AN ACT
To amend an Act providing for a health insurance plan for State employees, approved March 16, 1961 (Ga. Laws 1961, p. 147), as amended, so as to provide for the continuation of health insurance coverage of certain annuitants; to provide for rules and regulations; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing for a health insurance plan for State employees, approved March 16, 1961 (Ga. Laws 1961, p. 147), as amended, is hereby amended by adding at the end of Section 8A a new subsection (c) to read as follows:
"(c) Any annuitant included in the coverage of the contract or contracts for health insurance as provided in this Act at the time of death of any employee, annuitant, or other person who is the primary or principal beneficiary of said contract or contracts for health insurance pursuant to the provisions of an Act creating the office of judge of the superior courts, emeritus (now known as senior judge of the superior courts), approved March 9, 1945 (Ga. Laws 1945, p. 362), as amended, or as determined pursuant to the provisions of an Act creating the Superior Court Judges Retirement System, approved March 24, 1976 (Ga. Laws 1976, p. 586), as amended, or pursuant to the District Attorneys' Retirement Act, approved April 10, 1978 (Ga. Laws 1978, p. 2173), may be entitled to continue such coverage upon agreeing to pay contributions to the cost of such coverage as may be provided by rules and regulations

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of the board. The board shall be authorized to promulgate and adopt rules and regulations governing the continuance, discontinuance, and resumption of coverage by any such spouse or dependent child or children."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved February 4, 1980.

GEORGIA PUBLIC REVENUE CODE AMENDED.
Code Title 91A Amended.
No. 682 (House Bill No. 1071).
AN ACT
To revise, modernize, and update certain revenue laws and laws relating to the raising and expenditure of public revenues in this State; to provide legislative intent; to amend Code Title 91 A, known as the Georgia Public Revenue Code, so as to specify the amount of interest due on taxes and other amounts due the State and local taxing jurisdictions and remaining unpaid; to specify the rate of interest to be paid upon redemption from sales for taxes; to provide editorial revision; to provide for necessary or appropriate revisions, modernizations, and updates respecting, but not limited to, administrative provisions when land sold may be redeemed, whether taxes shall be paid before any other debt, how railroad property is to be assessed, income excluded from income taxation, income taxation information, sales and use tax application, extensions for sales tax reports and remissions, claims for refunds of sales tax payments, reports of motor fuel tax liability, motor fuel tax agricultural refunds, levy of road taxes, cigar and cigarette pricing, and street

GEORGIA LAWS 1980 SESSION

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tax; to provide for other matters relative to the foregoing; to repeal certain laws; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Legislative intent, (a) The General Assembly intends, by the passage of this Act, to continue the reorganization and revision of the Georgia Public Revenue Code begun by the enactment of Code Title 91A by the 1978 regular session of the General Assembly and continued by the enactment of Act No. 2 by the 1979 regular session of the General Assembly. It is recognized that, with any recodification encompassing the scope of Title 91 A, a thorough review must be undertaken to insure the integrity of the new law, to correct errors and omissions, and to continue to streamline, modernize, and make more efficient the administrative provisions applicable to the enforcement of our public revenue laws. This Act is the culmination of such a review by the General Assembly.
(b) It is the further intent of the General Assembly, in the event Acts, other than this Act, are enacted to amend Code Title 91A during the 1980 regular session of the General Assembly, that such Acts and this Act be construed, whenever possible, to be without conflict. In the event such a construction is not possible, it is the intent of the General Assembly that the Act last approved by the Governor shall prevail to the extent of the conflict.
Section 2. Code Title 91 A, known as the Georgia Public Revenue Code, is hereby amended by striking in its entirety Code Section 91A-235, relating to date taxes are due and interest on deferred taxes, and substituting in lieu thereof a new Code Section 91A-235 to read as follows:
"91A-235. Date taxes are due; interest on deferred taxes, (a) Except as expressly provided by law to the contrary, all State taxes and licenses, except ad valorem and income taxes, shall be due and payable, either with the return or on or before 30 days after notice, as the case may be.
(b) When the collection of any tax specified in subsection (a) is deferred under any provision of law and unless a higher rate of interest or penalty is fixed by law, interest at the rate specified in

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GENERAL ACTS AND RESOLUTIONS, VOL. I

Section 91 A-239.2 shall be collected thereon from the due date until the date of payment."
Section 3. Said Code Title is further amended by striking in its entirety Code Section 91A-239.1, relating to penalty and interest on failure to file return or pay, and substituting in lieu thereof a new Code Section 91 A-239.1 to read as follows:
"91 A-239. l| Penalty and interest on failure to file return or pay revenue held in trust for the State. In any instance in which any person willfully fails to file a report, return, or other information required by law, or to pay the Commissioner any revenue held in trust for the State, he shall pay, in the absence of a specific statutory civil penalty for the failure, a penalty of 10 percent of the amount of revenue held in trust and not paid on or before the time prescribed by law, together with interest on the principal amount at the rate specified in Section 91A-239.2 from the date the return or the revenue held in trust should have been remitted until it is paid. "
Section 4. Said Code Title is further amended by adding a new Section after Code Section 91 A-239.1, to be designated Code Section 91 A-239.2, to read as follows:
"91 A-239.2. Interest on past due taxes; rate. Except as otherwise expressly provided by law, taxes owed the State or any local taxing jurisdiction shall bear interest at the annual rate of nine percent from the date the tax is due until the date the tax is paid."
Section 5. Said Code Title is further amended by striking from Code Section 91A-243, relating to deficiency assessments, the words:
"of nine percent per annum",
and substituting in lieu thereof the following:
"specified in Section 91 A-239.2",
so that when so amended Code Section 91A-243 shall read as follows:

GEORGIA LAWS 1980 SESSION

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"91A-243. Deficiency assessments; interest. If the Commissioner ascertains that the return of any taxpayer (or dealer pursuant to Chapter 91A-45) contains mistaken, false, or fraudulent statements, or that it contains statements or omissions of data otherwise incorrect or misleading, and that as a result thereof improper or inadequate assessments of taxes have been made, the Commissioner may determine and fix the amount of the taxes due by the taxpayer or dealer and shall proceed to collect the State tax due on the determination. In any case in which property assessments are made by the Commissioner under the law for purposes of local taxation, the Commissioner shall certify amounts of any property omitted from previous assessments to the proper local tax authorities for tax in the local tax districts. All taxes collected under this Section shall bear interest at the rate specified in Section 91A-239.2, unless otherwise provided by law, from the date the Commissioner advises the taxpayer in writing of the amount of the taxes due, until paid. Such interest shall be assessed and collected as a part of the tax."
Section 6. Said Code Title is further amended by striking in its entirety subsection (a) of Code Section 91A-251, relating to personal liability of certain corporate officers and employees, and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) Any officer or employee of any corporation who has control or supervision of collecting from purchasers or others amounts required under this Title or collecting from employees any taxes required under this Title, and of accounting for and paying over the amounts or taxes to the Commissioner, and who wilfully fails to collect the amounts or taxes, or truthfully account for and pay over the amounts or taxes to the Commissioner, or who wilfully attempts to evade or defeat any obligation imposed under this Title, shall be personally liable for an amount equal to the amount evaded, or of the amount not collected, or not accounted for or paid over."
Section 7. Said Code Title is further amended by striking from Code Section 91A-323, relating to executions on which interest allowed, the words:
"of nine percent per annum",
and substituting in lieu thereof the following:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

"specified in Section 91A-239.2",
so that when so amended Code Section 91A-323 shall read as follows:
"91A-323. Executions on which interest allowed; rate; effect of imposition of penalties. All executions issued for taxes due the State, any county of the State, or any municipality, whether issued on assessments for permanent improvements of streets or sewers of a municipality or otherwise, shall bear interest at the rate specified in Section 91A-239.2 from the time fixed by law for issuing the execution. This Section shall not apply to taxes or tax fi. fas. issued by any municipality imposing penalties for failure to pay taxes."
Section 8. Said Code Title is further amended by striking from Code Section 91A-325, relating to interest on transferred executions, the words:
"of nine percent per annum",
and substituting in lieu thereof the following:
"specified in Section 91A-239.2",
so that when so amended Code Section 91A-325 shall read as follows:
"91 A-325. Interest on transferred executions. All tax executions, when recorded as prescribed by law and which have been transferred to third persons, shall bear interest at the rate specified in Section 91A-239.2 from the date of transfer."
Section 9. Said Code Title is further amended by striking from Code Section 91A-430, relating to redemption of land, after the following:
"provided in Section 91A-436",
the symbol:

GEORGIA LAWS 1980 SESSION

15

and substituting in lieu thereof the symbol:

so that when so amended Code Section 91A-430 shall read as follows:
"91A-430. Land sold may be redeemed; time; persons entitled; amount to be paid. Whenever any real property is sold under or in obedience to an execution issued for the collection of State, county, municipal, or school taxes or for special assessments, the defendant in fi. fa. or any person having any right, title, or interest in or lien upon the property may redeem the property from the sale by the payment of the redemption price or amount required for redemption, as fixed and provided in Section 91A-436:
(a) At any time within 12 months from the date of the sale; and
(b) At any time after the sale until the right to redeem is foreclosed by the giving of the notice provided for in Section 91A-434."
Section 10. Said Code Title is further amended by striking in its entirety Code Section 91 A-1022, relating to taxes payable to county in which returns are made, and substituting in lieu thereof a new Code Section 91 A-1022 to read as follows:
"91A-1022. Taxes payable to county in which returns are made, (a) All resident and nonresident persons who are required or directed by law to return any property for taxation to a tax commissioner or tax receiver shall pay the taxes on the property to the county in which the property is required or directed by law to be returned.
(b) In all counties having a population of not less than 350,000 and not more than 600,000, according to the census, the taxes shall become due in two equal installments. One-half of the taxes shall be due and payable on July 1 of each year and shall become delinquent if not paid by August 15 in each year. The remaining one-half of the taxes shall be due and payable on October 1 of each year and shall become delinquent if not paid by November 15 of each year. A penalty of five percent during which any installment remains unpaid after it is due not to exceed five percent shall accrue and be

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GENERAL ACTS AND RESOLUTIONS, VOL. I

added to each installment that is not paid before the installment becomes delinquent. Intangible taxes in one installment shall be due and payable on October 1 of each year and shall become delinquent if not paid by December 31. A penalty of five percent during which the installment for intangible taxes remains unpaid after it is due not to exceed five percent shall accrue and be added to the installment that is not paid before it becomes delinquent. All taxes remaining unpaid as of the close of business on December 31 of each year shall bear interest at the rate specified in Section 91A-239.2, and in addition to the interest charge a minimum interest payment of $ 1.00, from the close of business on December 31. The tax collectors shall issue executions for delinquent taxes, penalties, and interest against each delinquent taxpayer in their respective counties.
(c) (1) All ad valorem taxes, fees, service charges, and assessments owed by any taxpayer to each county in this State having a population of 600,000 or more, according to the census, or to any municipality lying wholly or partially within such county having a population of 400,000 or more, according to the census, which are not paid when due shall bear interest at the following rates until paid:
(A) The rate specified in Section 91A-239.2 on the total amount of any such taxes, fees, service charges, or assessments which are not paid when due;
(B) An additional rate of interest on the amount of such taxes, fees, service charges, and assessments which exceed $1,000 equal to an additional one percent per annum for each full calendar month which elapses between the date such service charges, fees, and assessments first become due and the date on which they are paid in full. The total rate of interest determined under this subsection shall not exceed 12 percent per annum or the rate specified in Section 91A-239.2, whichever is more. The additional rate of interest shall not apply to amounts determined to be owed by a taxpayer pursuant to any arbitration, equalization, or similar proceeding, if brought in good faith by the taxpayer, and if the taxpayer shall have previously paid to the county or municipality the amount of such liability which was not in dispute.

GEORGIA LAWS 1980 SESSION

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(2) Such rates of interest shall be determined on the date such amounts are paid in full and interest at the rate so determined shall accrue on such taxes, fees, service charges, or assessments from the date on which any such amount, or installment thereof, first became due and payable until the date on which such amount, or installment thereof, is paid in full. Determination of such rates of interest shall be made separately as to amounts owed by a taxpayer to separate taxing jurisdictions, and such determination shall be made separately as to each parcel of property owned by a taxpayer.
(3) The tax collectors, tax commissioners, or governing authority of any such county or municipality shall issue executions against such taxpayer owing such taxes, fees, service charges, or assessments together with interest thereon as provided in this subsection when the same become delinquent.
(d) In all counties having a population of not less than 165,000 and not more than 185,000, according to the census, a penalty of 10 percent of the tax due shall accrue on taxes not paid on or before December 20 of each year, and interest shall accrue at the rate specified in Section 91A-239.2 on the unpaid taxes and penalty until both the taxes and penalty are paid, and the tax collectors shall issue executions for tax, penalty, and interest against each delinquent taxpayer in their respective counties. The 10 percent penalty is to be paid over to the county fiscal authority to assist the county in paying the expense to the county in collecting the delinquent taxes."
Section 11. Said Code Title is further amended by striking from subsection (a) of Code Section 91 A-1023, relating to the payment of taxes before other claims, the word:
"Taxes",
and substituting in lieu thereof the following:
"Except as otherwise provided in Code Section 113-1508, taxes",
so that when so amended subsection (a) of Code Section 91 A-1023 shall read as follows:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

"(a) Except as otherwise provided in Code Section 113-1508, taxes shall be paid before any other debt, lien, or claim of any kind. The property returned, the property held at the time of returning property, and the property held after the time of returning property shall always be subject to the lien for taxes."
Section 12. Said Code Title is further amended by striking from paragraph (2) of subsection (b) of Code Section 91 A-1028, relating to collection and payment of taxes on tangible personal property in installments, the words:
"of nine percent per annum",
and substituting in lieu thereof the following:
"specified in Section 91 A-239.2",
so that when so amended paragraph (2) of subsection (b) of Code Section 91 A-1028 shall read as follows:
"(2) Those taxes payable in installments and based on the current final tax digest as provided in this subsection shall be billed on July It The first installment on such taxes shall be one-half the entire amount due for the year and shall become due 60 days from the date of billing. The second installment on such taxes shall be one-half of the entire amount due for the year and shall become due on December 20. An installment shall become delinquent on the day following its appropriate due date and, upon becoming delinquent, shall be subject to a penalty of five percent. That part of the entire amount of a tax bill due which is unpaid after December 20 shall be subject to interest at the rate specified in Section 91 A-239.2 from December 21 until paid. The provisions of subsection (e), relating to penalty and interest, shall not apply to installment payments authorized by this subsection."
Section 13. Said Code Title is further amended by striking in its entirety Code Section 91 A-1349, relating to interest and settlements on taxes, and substituting in lieu thereof a new Code Section 91A1349 to read as follows:
"91 A-1349. Interest and settlements; record of interest.

GEORGIA LAWS 1980 SESSION

19

(a) (1) Except as provided in this Section, taxes due the State or any county remaining unpaid on December 20 in each year shall bear interest at the rate specified in Section 91A-239.2 from December 20 and each tax collector and tax commissioner shall collect the interest on unpaid taxes and account for such interest in his final settlement.
(2) The minimum interest payment on unpaid taxes shall be $ 1.
(3) After notices of taxes due are mailed out, each taxpayer shall be afforded 60 days from date of postmark to make full payment of taxes due before the taxes shall bear interest as provided in this Section. The provisions of this paragraph shall not apply in those counties in which a lesser time has been provided by law.
(b) Each tax collector and tax commissioner shall keep a record showing the amount of interest collected from the delinquent or defaulting taxpayers, the date upon which the taxes and interest were collected, and the name of the person from whom the tax and interest were collected.
(c) Any provision of law (except Section 91A-2203) to the contrary notwithstanding, in each county having a population of not less than 66,000 and not more than 73,000, according to the census, all ad valorem taxes due the county and the State remaining unpaid on November 20 of each year shall bear interest at the rate specified in Section 91A-239.2 from said date. The local tax officials, on November 20 of each year, shall issue executions against each delinquent or defaulting taxpayer in their respective counties and shall otherwise comply with the provisions of Code Section 91 A-1361 (a)."
Section 14. Said Code Title is further amended by striking from subsection (a) of Code Section 91 A-1357, relating to alternate provisions for interest and settlements, the words:
"nine percent per annum",
and substituting in lieu thereof the following:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

"the rate specified in Section 91 A-239.2",
so that when so amended subsection (a) of Code Section 91 A-1357 shall read as follows:
"(a) The governing authority of the county with the approval of the tax collector or tax commissioner may provide by resolution that all taxes due the State or the county remaining unpaid on November 15 in each year shall bear interest at the rate specified in Section 91 A-239.2 from November 15. The tax collector or tax commissioner shall collect the interest on such unpaid taxes and account for same in his final settlement."
Section 15. Said Code Title is further amended by striking in its entirety Code Section 91A-2211, relating to assessment of railroad property, and substituting in lieu thereof a new Code Section 91A2211 to read as follows:
"91A-2211. Property assessed, (a) The Commissioner shall assess the amount of each railroad company's property in each of the counties and municipalities of the State in the following manner:
(1) First, it shall be assessed upon the property located in each county and municipality, upon the basis of the value given by the returns.
(2) Second, the amount of tax to be assessed upon the rolling stock and other personal property is as follows: As the value of the property located in the particular county or municipality is to the value of the whole property, real and personal, of the company, such shall be the amount of rolling stock and other personal property to be distributed for taxing purposes to the county or municipality.
(b) The value of the property located in the county or municipality and the share of the rolling stock and personal property thus ascertained, and apportioned to each of such counties or municipalities, shall be the amount to be taxed to the extent of the assessment in each county and municipality."
Section 16. Said Code Title is further amended by striking from subsection (a) of Code Section 91A-3209, relating to failure to pay intangible recording tax, the words:

GEORGIA LAWS 1980 SESSION

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"nine percent per annum",
and substituting in lieu thereof the following:
"the rate specified in Section 91 A-239.2",
so that when so amended subsection (a) of Code Section 91A-3209 shall read as follows:
"(a) Failure to pay the tax levied by this Chapter shall constitute a bar to the collection by any suit, foreclosure, the exercise of any power of sale, or otherwise, of the indebtedness secured by any instrument required by this Chapter to be recorded, whether such instrument is held by an original party to the instrument or by a transferee. The bar may be removed by the payment of the tax required, plus interest at the rate specified in Section 91 A-239.2 from the time the tax was due, plus a penalty of 50 percent of the amount of the tax."
Section 17. Said Code Title is further amended by striking in its entirety subsection (a) of Code Section 91A-3607, relating to taxable net income for Georgia individual income tax purposes, and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) Georgia taxable net income of an individual shall be the taxpayer's federal adjusted gross income, as defined in the United States Internal Revenue Code of 1954, less
(1) Either the sum of all itemized nonbusiness deductions, if the taxpayer used itemized nonbusiness deductions in computing federal taxable income or, if the taxpayer could not or did not itemize nonbusiness deductions, then the standard deduction allowed under the provisions of the United States Internal Revenue Code of 1954, in force and effect on January 1, 1974.
(2) The exemptions provided for in Section 91A-3606, and with the adjustments provided for in subsection (b) of this Section.
(3) The amount of salary and wage expenses eliminated in computing the individual's federal adjusted gross income because the individual has taken a federal jobs tax credit, which

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GENERAL ACTS AND RESOLUTIONS, VOL. I

requires, as a condition to the use of the federal jobs tax credit, the elimination of related salary and wage expenses.
(4) (A) Income received from the following, and only the following, public pension or retirement funds or systems when such income is otherwise included in the taxpayer's federal adjusted gross income:
(i) Employees' Retirement System of Georgia.
(ii) Georgia Firemen's Pension Fund and all local firemen's pension funds.
(iii) Peace Officers Annuity and Benefit Fund of Georgia.
(iv) Trial Judges and Solicitors Retirement Fund.
(v) Superior Court Clerk's Retirement Fund of Georgia.
(vi) Public School Employees Retirement System.
(vii) Georgia Legislative Retirement System.
(viii) Teachers Retirement System of Georgia and all local teachers' retirement systems.
(ix) Teachers' retirement systems or funds of states having a reciprocal agreement with this State to exempt income from the Teachers Retirement System of Georgia from taxation.
(x) Funds, programs, or systems the income from which is exempted by federal law or treaty.
(xi) Superior Court Judge's Retirement System.
(xii) District Attorney's Retirement System.
(B) It is the intent of the General Assembly that no income from a public pension or retirement fund, program.

GEORGIA LAWS 1980 SESSION

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or system shall be exempt from income taxation in this State unless the exemption is provided for in this paragraph or unless the law granting the exemption, now in force or becoming effective in the future, makes specific reference to this paragraph."
Section 18. Said Code Title is further amended by striking from paragraph (7) of subsection (b) of Code Section 91A-3607, relating to taxable net income purposes, the following:
"This",
and substituting in lieu thereof the following:
"Except as otherwise provided in paragraph (a) (4) of this Section, this",
so that when so amended paragraph (7) of subsection (b) shall read as follows:
"(7) Except as otherwise provided in paragraph (a) (4) of this Section, this Part shall not be construed to repeal any tax exemptions contained in other laws of this State not referred to in this Section. Those exemptions and the exemptions provided by federal law and treaty shall be deducted on forms provided by the Commissioner."
Section 19. Said Code Title is further amended by striking from Code Section 91A-3704, relating to income tax information at the source, wherever the same shall appear, the following:
"$1,000",
and substituting in lieu thereof the following:
"$5,000",
so that when so amended Code Section 91A-3704 shall read as follows:
"91A-3704. Information at the source; payments of $5,000 or more. Every person who is a resident or who has a place of business

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GENERAL ACTS AND RESOLUTIONS, VOL. I

in this State including, but not limited to, a lessee or mortgagor of real or personal property, a fiduciary, an employer, and an officer or employee of this State or of any political subdivision of this State and who has the control, receipt, custody, disposal, or payment of interest, rent, salaries, wages, premiums, annuities, compensations, remunerations, emoluments, or other fixed or determinable annual or periodical gains, profits, and income amounting to $5,000 or over, paid or payable during any year to any taxpayer, shall make a complete return of the payment under oath to the Commissioner. The return shall be made pursuant to the Commissioner's regulations and shall be made in the form and manner and to the extent prescribed by the Commissioner. Unless income is reported as required in this Section, the Commissioner may disallow such payments as deductions or credits in computing the tax of the payer."
Section 20. Said Code Title is further amended by striking from subsection (a) of Code Section 91A-3803, relating to interest on income taxes, the words:
"of nine percent per annum",
and substituting in lieu thereof the following:
"specified in Section 91 A-239.2",
so that when so amended subsection (a) of Code Section 91A-3803 shall read as follows:
"(a) If any amount of tax imposed by this Part is not paid on or before the last date prescribed for payment, interest on the payment at the rate specified in Section 91A-239.2 shall be paid for the period from the last date prescribed for payment to the date paid."
Section 21. Said Code Title is further amended by striking from subsection (a) of Code Section 91A-3907, relating to annual and final returns of wage payments by employers for purposes of income taxation, the following:
"January 31 ",
and substituting in lieu thereof the following:

GEORGIA LAWS 1980 SESSION

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"February 28",
so that when so amended subsection (a) of Code Section 91A-3907 shall read as follows:
"(a) Requirement. On or before February 28 of each year for the preceding calendar year or on or before the 30th day after the date on which the final payment of wages is made by an employer who has ceased to pay wages, an employer shall file with the Commissioner an annual or a final return, as the case may be, on a form prescribed by the Commissioner. The employer shall attach to the return copies of the receipts required to be furnished under Section 91A-3906 for the period covered by the return."
Section 22. Said Code Title is further amended by striking from paragraph (2) of subsection (f) of Code Section 91A-4501, relating to the definition of "retail sale" for purposes of sales and use taxation, the following:
"gasoline,",
so that when so amended paragraph (2) of subsection (f) of Code Section 91A-4501 shall read as follows:
"(2) The sale of natural or artificial gas, oil, electricity, solid fuel, transportation, local telephone services, beverages, and tobacco products, when made to any purchaser for purposes other than resale."
Section 23. Said Code Title is further amended by striking from subsection (e) of Code Section 91A-3926, relating to assessable penalties under the current income tax payment law, the words:
"of nine percent per annum",
and substituting in lieu thereof the following:
"specified in Section 91A-239.2",
so that when so amended subsection (e) of Code Section 91A-3926 shall read as follows:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

"(e) Interest. If the tax imposed by this Chapter on employers is not paid on the date prescribed for payment in Section 91A-3904 and is not adjusted as authorized in Section 91A-3905, interest on the unpaid amount at the rate specified in Section 91A-239.2 shall be paid for the period from the due date of the tax, irrespective of any extension of time for payment, until the date of payment. The interest shall be assessed and collected as part of the tax."
Section 24. Said Code Title is further amended by inserting in paragraph (1) of subsection (f) of Code Section 91A-4502, relating to imposition of the State sales and use tax, after the word:
"purchasing",
wherever the same shall appear, the words:
"or receiving",
so that when so amended paragraph (1) of subsection (f) of Code Section 91 A-4502 shall read as follows:
"(1) Every person purchasing or receiving any service within this State, the purchase of which is a `retail sale,' shall be liable for tax on the purchase at the rate of three percent of the gross charge or charges made for the purchase. The tax shall be paid by the person purchasing or receiving the service to the person furnishing the service. The person furnishing the service, as a dealer under this Chapter, shall remit the tax to the Commissioner, as provided in this Chapter, and when received by the Commissioner the tax shall be a credit against the tax imposed on the person furnishing the service. Every person furnishing a service, the purchase of which is a `retail sale,' shall be a dealer and shall be liable for a tax on the sale at the rate of three percent of the gross charge or charges made for furnishing the service, or the amount of taxes collected by him from the person to whom the service was furnished, whichever is greater."
Section 25. Said Code Title is further amended by adding a new sentence at the end of subsection (kk) of Code Section 91A-4503, relating to exemptions from sales and use taxation, to read as follows:

GEORGIA LAWS 1980 SESSION

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"Any person making a sale of machinery and equipment for the purposes specified in this subsection shall collect a tax imposed on the sale by this Chapter unless the purchaser furnishes the person making the sale with a certificate issued by the Commissioner certifying that the purchaser is entitled to purchase the machinery, equipment, or industrial materials without paying the tax.",
so that when so amended subsection (kk) of Code Section 91A-4503 shall read as follows:
"(kk) The sale of machinery and equipment for use to combat air and water pollution, and any industrial materials bought for further processing in the manufacture of tangible personal property for sale or any part of the industrial material or by-product which becomes a wasteful product contributing to pollution problems and which is used up in a recycling or burning process. Any person making a sale of machinery and equipment for the purposes specified in this subsection shall collect a tax imposed on the sale by this Chapter unless the purchaser furnishes the person making the sale with a certificate issued by the Commissioner certifying that the purchaser is entitled to purchase the machinery, equipment, or industrial materials without paying the tax."
Section 26. Said Code Title is further amended by striking in its entirety subsection (qq) of Code Section 91A-4503, relating to exemptions from sales and use taxation, and substituting in lieu thereof a new subsection (qq) to read as follows:
"(qq) Sales of motor fuels as defined in Code Section 91A-5002 (i) except motor fuel, other than gasoline, purchased for purposes other than propelling motor vehicles on public highways as defined in Code Chapter 91A-50."
Section 27. Said Code Title is further amended by striking in its entirety subsection (d) of Code Section 91A-4521, relating to returns of proceeds of sales and purchases, and substituting in lieu thereof a new subsection (d) to read as follows:
"(d) (1) The Commissioner, in his discretion, may grant extensions upon written application to the end of the Calendar month in which any tax return is due under this Section.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(2) No extension granted pursuant to paragraph (1) shall be valid unless granted in writing and for a period of not more than 12 consecutive months.
(3) As a condition upon the grant of any extension as authorized by this subsection, the taxpayer shall remit to the Commissioner on or before the date the tax would otherwise become due without the grant of the extension an amount which, when added to the amount previously remitted for the period pursuant to subsection (b), equals not less than 100 percent of the dealer's payment for the corresponding period of the last tax year.
(4) No interest or penalty shall be charged, assessed, or collected by reason of the granting of an extension pursuant to this subsection.
(5) The provisions of this subsection shall apply to all extensions granted pursuant to this subsection on or after July 1, 1980, and to all extensions granted pursuant to this subsection and in effect on July 1, 1980."
Section 28. Said Code Title is further amended by striking in its entirety subsection (a) of Code Section 91A-4524, relating to extension of time for making sales tax returns, and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) (1) The Commissioner for good cause may extend the time for making any returns required under the provisions of this Chapter for not more than 30 days.
(2) No extension granted pursuant to paragraph (1) shall be valid unless granted in writing upon written application and for a period, as appropriate, of not more than 12 consecutive months or four consecutive calendar quarters.
(3) As a condition upon the grant of any extension as authorized by this subsection, the dealer shall remit to the Commissioner on or before the date the tax would otherwise become due without the grant of the extension an amount which equals not less than 100 percent of the dealer's payment for the corresponding period of the last tax year.

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(4) No interest shall be charged by reason of the granting of an extension pursuant to this subsection during the first 10 days of each extension period. Thereafter, interest shall be collected upon the unpaid balance of the dealer's liability at the rate specified in Code Section 91 A-239.2.
(5) The provisions of this subsection shall apply to all extensions granted pursuant to this subsection on or after July 1, 1980, and to all extensions granted pursuant to this subsection and in effect on July 1, 1980."
Section 29. Said Code Title is further amended by adding a new subsection at the end of Code Section 91A-4535, relating to time of assessment and limitations relating to sales and use taxation, to be designated subsection (c), to read as follows:
"(c) If a claim for refund for taxes paid for any taxable period is filed within the last six months of the three-year period during which the Department may assess the amount of taxes, the assessment period shall be extended for a period of six months beginning on the day the claim for refund is filed."
Section 30. Said Code Title is further amended by striking from paragraph (5) of subsection (b) of Code Section 91A-5003, relating to levy of motor fuel tax and exemptions from the tax, the words:
"this Chapter",
and substituting in lieu thereof the following:
"Section 91A-5003 (a) (1) and all of the tax imposed by Section 91A-5015",
so that when so amended paragraph (5) of subsection (b) of Code Section 91A-5003 shall read as follows:
"(5) Sales of aviation gasoline to a duly licensed aviation gasoline dealer, except for one cent per gallon of the tax imposed by Section 91 A-5003 (a) (1) and all of the tax imposed by Section 91A5015."

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Section 31. Said Code Title is further amended by striking from subparagraph (A) of paragraph (1) of subsection (c) of Code Section 91A-5004, relating to applications, bonds, and licensing of motor fuel dealers, the following:
"$75,000.00",
and substituting in lieu thereof the following:
"$150,000.00",
so that when so amended paragraph (1) of subsection (c) of Code Section 91A-5004 shall read as follows:
"(1) Concurrent with the filing of an application for a license, a surety bond shall be filed with the Commissioner:
(A) In an amount of three times the average monthly motor fuel taxes due during the next preceding twelve months and in no case shall the bond be in an amount less than $ 1,000.00 or more than $ 150,000.00.
(B) With a surety company approved by the Commissioner.
(C) Upon which the distributor shall be the principal obligor and the State shall be the obligee.
(D) Conditioned upon the timely filing of true reports and payments by the distributor to the Commissioner of all motor fuel taxes together with all penalties and interest imposed by this Chapter and upon faithful compliance with all provisions of this Chapter."
Section 32. Said Code Title is further amended by striking in its entirety subsection (a) of Code Section 91A-5008, relating to motor fuel tax reports, and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) For the purpose of determining the amount of tax imposed by Code Section 91A-5003 (a) (1), each distributor shall file with the Commissioner by the 20th day of each calendar month a report for

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the preceding month's activities. In the case of distributors having quarterly tax of $150.00 or less to report, the Commissioner by rule may permit quarterly reports to be filed so long as the State's interest in administration and collection of the tax is not harmed. In the case of distributors having annual tax of $150.00 or less to report, the Commissioner by rule may permit annual reports to be filed so long as the State's interest in administration and collection of the tax is not harmed. The report shall be made on forms prescribed by the Commissioner and shall establish total accountability for the motor fuel and shall provide any other information required by the Commissioner.
Section 33. Said Code Title is further amended by striking from the first sentence of subsection (b) of Code Section 91A-5008, relating to motor fuel tax reports, the words:
"this Chapter",
and substituting in lieu thereof the following:
"Section 91A-5003 (a) (1)",
so that when so amended subsection (b) of Code Section 91A-5008 shall read as follows:
"(b) At the time of rendering the report required by subsection (a), the distributor shall pay to the Commissioner the tax imposed by Section 91A-5003 (a) (1) on all gasoline, fuel oils, compressed petroleum gas, special fuel, and aviation gasoline sold or used in this State during the next preceding calendar month, less an allowance of one percent of the first five and one-half cents per gallon of the State tax paid to cover losses and expenses incurred in reporting the tax to the State. The allowance so provided shall not be deductible unless the payment of tax is made on or before the 20th day of the month as required by this Chapter."
Section 34. Said Code Title is further amended by striking from subsection (b) of Code Section 91A-5010, relating to refunds of motor fuel taxes, the words:
"State motor fuel",

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and inserting in said subsection after the words:
"taxes imposed on gasoline",
the following:
"by Section 91A-5003 (a) (1)",
so that when so amended subsection (b) of Code Section 91A-5010 shall read as follows:
"(b) Agricultural refunds. Every person who purchases gasoline in quantities of 25 gallons or more, when the gasoline is used in operating farm tractors and other equipment used for the production of agricultural crops on land owned or leased by the applicant, shall be entitled to a refund of all of the taxes imposed on gasoline by Section 91 A-5003 (a) (1) except one cent per gallon, subject to the rules and regulations adopted by the Commissioner. All applications for refunds must be filed with the Commissioner within 18 months from the date of purchase of the gasoline on which refund is claimed."
Section 35. Said Code Title is further amended by striking from subsections (b) and (d), respectively, of Code Section 91A-5013, relating to motor fuel tax penalties and interest, the words:
"as provided by this Chapter",
and substituting in lieu thereof the following:
"under Section 91 A-5003 (a) (1)",
so that when so amended Code Section 91A-5013 shall read as follows:
"91A-5013. Penalties and interest, (a) When any distributor or other person required to file a report as provided by this Chapter fails to file the report within the time prescribed, he shall be subject to a penalty of $50 for each failure to file.
(b) When any distributor fails to pay the tax or any part of the tax due under Section 91 A-5003 (a) (1), he shall be subject to a penalty of 10 percent of the amount of unpaid taxes due.

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(c) In the case of a false or fraudulent return or the failure to file a return, a specific penalty of 50 percent of the tax due shall be assessed.
(d) When any distributor fails to pay the tax or any part of the tax due under Section 91A-5003 (a) (1), he shall pay interest on the unpaid tax at the rate of one percent per month from the time the tax became due until paid. Interest shall be computed on the basis of one percent for any portion of a month that is delinquent."
Section 36. Said Code Title is further amended by striking in its entirety Code Section 91A-5102, relating to levy of road tax, and substituting in lieu thereof a new Code Section 91A-5102 to read as follows:
"91A-5102. Levy of road tax. A road tax for the privilege of using the streets and highways of this State is imposed upon every motor carrier. The tax shall be equivalent to the taxes imposed by Chapter 91A-50, the Motor Fuel Tax Law, and shall be calculated on the amount of motor fuel used by the motor carrier in its operations within this State. Except as credit for certain taxes as provided for in this Chapter, taxes imposed on motor carriers by this Section are in addition to taxes imposed on the motor carriers by any other provisions of law."
Section 37. Said Code Title is further amended by striking in their entirety subsections (h) and (i) of Code Section 91A-5504, relating to licenses of persons engaged in cigar or cigarette business, which read as follows:
"(h) No distributor or dealer shall sell cigars or cigarettes below their cost price. The cost price shall be determined by the Commissioner in accordance with the rules and regulations promulgated by the Commissioner.
(i) Any distributor or dealer licensed under this Chapter who sells cigars or cigarettes below their cost price, as determined by the Commissioner, shall be subject to license suspension or revocation after hearing before the Commissioner."
Section 38. Said Code Title is further amended by striking from subsections (b) and (c) of Code Section 91A-5702, relating to pay-

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ment of State estate taxes, wherever the same shall appear, the words:
"of nine percent per annum",
and substituting in lieu thereof the following:
"specified in Section 91A-239.2",
so that when so amended subsections (b) and (c) of Code Section 91A-5702 shall read as follows:
"(b) On or before the date the duplicate return is filed with the Commissioner, the personal representative shall pay to the State a tax in an amount equal to the amount allowable as a credit for State death taxes under Section 2011 of the Internal Revenue Code, as amended. If the tax is paid later than the federal filing date, not including any extensions, the personal representative shall pay interest on the tax at the rate specified in Section 91 A-239.2 from the filing date to the time of payment. If the decedent owned at the time of his death either real property in another state or personal property having a business situs in another state, when the other state requires the payment of a tax for which credit is received against federal estate taxes, any tax due under this Chapter shall be reduced by an amount which bears the same ratio to the total State tax credit allowable for federal estate tax purposes as the value of the property taxable in the other state bears to the value of the entire gross estate for federal estate tax purposes.
(c) If, after the filing of a duplicate return and the payment of the State estate tax and any interest due on the State estate tax, the amount allowable as a credit for State death taxes as finally determined by the federal authorities for federal estate tax purposes is increased or decreased from the amount shown on the original return, the personal representative of the estate shall file with the Commissioner, within 30 days of the federal adjustment, a copy of the documentation received from the federal authorities and such other or additional documentation as the Commissioner may require showing all changes made in the original return and the increase or decrease in the amount allowable as a credit for State death taxes. On or before the date of the filing of the documentation, the personal representative shall pay any additional tax due to

GEORGIA LAWS 1980 SESSION

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the State, if any, plus interest on any additional tax so determined at the rate specified in Section 91A-239.2 from the federal filing date, not including any extensions, to the date of the payment. In the event of a decrease in the credit for State death taxes, the Commissioner shall refund to the estate any overpayment of the tax imposed by this Section, plus interest at the rate specified in Section 91A239.2 from the federal filing date, not including extensions, to the date of payment of the refund."
Section 39. Said Code Title is further amended by striking from Code Section 91A-5705, relating to failure to pay estate tax, the words:
"of nine percent per annum",
and substituting in lieu thereof the following:
"specified in Section 91A-239.2",
so that when so amended Code Section 91A-5705 shall read as follows:
"91A-5705. Failure to pay tax; execution; interest; penalty. Whenever the personal representative of any estate fails to pay the amount of tax assessed against the estate, plus interest on the tax, pursuant to Section 91A-5704 within 30 days after notice from the Commissioner as to the amount to be paid and whenever the personal representative timely files a duplicate return as required by Sections 91A-5702 and 91A-5703 but fails to pay the State estate tax due on or before the filing, the Commissioner shall issue an execution against the estate for the amount of the tax, plus interest due on the tax to the date of the issuance of execution and the amount of any penalty as provided in this Section. The execution shall be enforced by levy and sale and shall bear interest on the amount of the tax at the rate specified in Section 91 A-239.2 from the date of execution until paid. Additionally, a penalty in an amount equal to 10 percent of the amount of the credit for State death taxes as finally determined for federal estate tax purposes shall be paid by the personal representative of the estate to the Commissioner for failure to file a duplicate of the federal estate tax return as required by Sections 91A-5702 and 91A-5703 or for failure to pay the tax within 30 days after notice from the Commissioner as to the amount to be paid."

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GENERAL ACTS AND RESOLUTIONS, VOL. I

Section 40. Said Code Title is further amended by striking the last sentence of Code Section 91A-6002, relating to levy of capitation and street taxes by local governments, which reads as follows:
"Street tax may be levied and collected only after opportunity to work the streets has been given.",
so that when so amended Code Section 91A-6002 shall read as follows:
"91A-6002. Capitation tax prohibited. No county, municipality, or district shall levy or collect any capitation tax whatever, except street tax."
Section 41. Said Code Title is further amended by striking from subsection (c) of Code Section 91A-6310, relating to interest and penalties as addition to corporate net worth tax, the words:
"of nine percent per annum",
and substituting in lieu thereof the following:
"specified in Section 91 A-239.2",
so that when so amended subsection (c) of Code Section 91A-6310 shall read as follows:
"(c) Any tax imposed by this Chapter which is due and unpaid after the date prescribed for payment shall bear interest at the rate specified in Section 91A-239.2 until paid. The interest shall be in addition to all other penalties prescribed by law and shall be collectible in the same manner as the tax imposed by this Chapter."
Section 42. Continuance of Revenue Department rules, (a) Any reference in the rules and regulations of the Department of Revenue to any provision of Georgia Code Title 92 or to any other provision of law which was codified on December 31, 1979, as a part of Georgia Code Annotated Title 92 shall be deemed, on and after the effective date of this Act, to be a reference to the same provision as it appears in Georgia Code Title 91A or to that provision of Georgia Code Title 91A which has been substituted for the provision to

GEORGIA LAWS 1980 SESSION

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which the original reference is made. The provisions of this Section shall not apply to any reference to an Act relating to the regulation and licensing of the operation of nonprofit bingo games and other matters relative thereto, approved March 30, 1977 (Ga. Laws 1977, p. 1164), as amended.
(b) It is the intent of this Section to permit the continuation of the rules and regulations of the Department of Revenue until such time as resources are available for the review and republication of such rules and regulations in accordance with the enactment and provisions of Code Title 91 A. It is the further intent of the General Assembly that such review and republication be undertaken and completed as soon as is reasonably practicable.
Section 43. The following laws, as amended, are hereby repealed in their entirety:
(a) An Act to amend Title 92 (Public Revenue) Part 5 (Equalization of Assessments), Chapter 92-69 (County Board of Tax Assessors; Powers and Duties), of the Code of Georgia of 1933, approved March 31, 1937 (Ga. Laws 1937, p. 517).
(b) An Act to authorize certain counties and municipalities to impose, levy and collect certain excise taxes, approved April 24, 1975 (Ga. Laws 1975, p. 1002).
(c) An Act relating to road tax collection in certain counties, approved August 24, 1929 (Ga. Laws 1929, p. 322).
(d) An Act relating to commutation tax in certain counties, approved August 17, 1929 (Ga. Laws 1929, p. 322), as amended by an Act approved August 13, 1931 (Ga. Laws 1931, p. 234).
(e) An Act relating to commutation tax in certain counties, approved August 24, 1931 (Ga. Laws 1931, p. 115).
(f) An Act relating to commutation tax in certain counties, approved August 27, 1931 (Ga. Laws 1931, p. 116).
(g) An Act relating to commutation tax in certain counties, approved August 27, 1931 (Ga. Laws 1931, p. 117).

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(h) An Act relating to commutation tax in certain counties, approved August 24, 1931 (Ga. Laws 1931, p. 118).
(i) An Act relating to commutation tax and road law in certain counties, approved August 14, 1931 (Ga. Laws 1931, p. 236).
(j) An Act relating to road tax in certain counties, approved February 22, 1933 (Ga. Laws 1933, p. 41).
(k) An Act relating to tax assessment appeals in certain municipalities, approved February 22, 1933 (Ga. Laws 1933, p. 38).
(l) An Act relating to licenses and occupation tax in certain counties, approved February 25, 1949 (Ga. Laws 1949, p. 1907).
(m) An Act relating to license and business taxes in certain municipalities, approved March 25, 1959 (Ga. Laws 1959, p. 3251), as amended by an Act approved March 17, 1960 (Ga. Laws 1960, p. 2847).
(n) An Act relating to levy of tax in support of public libraries in certain counties, approved February 26, 1945 (Ga. Laws 1945, p. 794).
(o) An Act relating to limitations on taxation for certain purposes in certain counties, approved August 27, 1929 (Ga. Laws 1929, p. 153).
(p) An Act to authorize increase in school tax in certain counties, approved August 18, 1919 (Ga. Laws 1919, p. 63).
(q) An Act to provide the tax receiver in certain counties with a commission from school tax collections, approved March 12, 1953 (Ga. Laws 1953, p. 3305).
(r) An Act to authorize use of gasoline tax funds for certain purposes in certain counties, approved August 27, 1931 (Ga. Laws 1931, p. 183).
(s) An Act to authorize certain counties to collect certain license fees, approved March 26, 1947 (Ga. Laws 1947, p. 704).

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(t) An Act specifying that tax collectors shall be ex officio sheriffs in certain counties, approved August 18, 1927 (Ga. Laws 1927, p. 139).
(u) An Act relating to commutation tax and road laws in certain counties, approved August 12, 1903 (Ga. Laws 1903, p. 106).
(v) An Act relating to commutation tax in certain counties, approved August 17, 1906 (Ga. Laws 1906, p. 31).
(w) An Act relating to commutation tax and road law, approved August 16, 1912 (Ga. Laws 1912, p. 103).
(x) An Act relating to commutation tax in certain counties, approved August 18, 1916 (Ga. Laws 1916, p. 32), as amended by an Act approved August 7, 1920 (Ga. Laws 1920, p. 242).
(y) An Act relating to commutation tax in certain counties, approved August 18, 1919 (Ga. Laws 1919, p. 77).
(z) An Act relating to road tax in certain counties, approved August 18, 1919 (Ga. Laws 1919, p. 79), as amended by an Act approved August 7, 1920 (Ga. Laws 1920, p. 67), an Act approved August 8, 1922 (Ga. Laws 1922, p. 147), and an Act approved August 20, 1923 (Ga. Laws 1923, p. 53).
(aa) An Act relating to commutation tax and road law in certain counties, approved August 7, 1920 (Ga. Laws 1920, p. 242), as amended by an Act approved August 8, 1922 (Ga. Laws 1922, p. 147).
(bb) An Act relating to road tax in certain counties, approved August 7, 1920 (Ga. Laws 1920, p. 67), as amended by an Act approved August 8, 1922 (Ga. Laws 1922, p. 147).
(cc) An Act relating to road tax in certain counties, approved August 15, 1922 (Ga. Laws 1922, p. 36).
(dd) An Act relating to road maintenance tax in certain counties, approved August 20, 1929 (Ga. Laws 1929, p. 154).

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(ee) An Act relating to commutation tax and road law in certain counties, approved August 14, 1931 (Ga. Laws 1931, p. 235).
(ff) An Act relating to road tax and road duty in certain counties, approved March 2, 1933 (Ga. Laws 1933, p. 41).
(gg) An Act relating to road tax and road duty in certain counties, approved March 10, 1933 (Ga. Laws 1933, p. 42).
(hh) An Act relating to road tax and road duty in certain counties, approved March 10, 1933 (Ga. Laws 1933, p. 43).
(ii) An Act relating to road tax and road duty in certain counties, approved March 24, 1933 (Ga. Laws 1933, p. 44).
(jj) An Act relating to road tax and road duty in certain counties, approved March 24, 1933 (Ga. Laws 1933, p. 45).
(kk) An Act to limit the ad valorem tax rate in certain counties, approved August 10, 1922 (Ga. Laws 1922, p. 63).
(11) An Act to provide for commissions on collection of school taxes in certain counties, approved August 15, 1917 (Ga. Laws 1917, p. 52).
Section 44. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 45. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 46. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved February 11, 1980.

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LEASE AGREEMENT WITH CHARLES G. EDWARDS POST 660 OF THE VETERANS OF FOREIGN WARS.
No. 84 (House Resolution No. 512-1346).
A RESOLUTION
Authorizing a lease agreement between the State of Georgia and the Veterans of Foreign Wars of the United States, Charles G. Edwards Post 660, relative to certain State-owned real property located in Chatham County, Georgia; to repeal conflicting laws; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain real property located in Chatham County, Georgia, which is currently under the control and jurisdiction of the Department of Defense; and
WHEREAS, said real property is more particularly described as follows;
"A tract of land containing 6.92 acres in Chatham County, Georgia, which tract of land is more particularly described by reference to a plat of survey dated December 6, 1979, made by Wright C. Powers, Georgia Registered Land Surveyor No. 933, said parcel or tract of land generally described as follows:
"Beginning at a point marked by a concrete monument which point marks the point of intersection of the south-of-way line of Cornell Avenue and the west right-of-way of Seawright Drive; thence S 1707' W along the west right-of-way line of Seawright Drive a distance of 458.71' to a point marked by a concrete monument; thence N 74 28' W along a line partially marked by National Guard Motor Pool fence a distance of 650.02' to a point marked by a concrete monument which point is on the dividing line between Stevenson Subdivision and the herein described land; thence N 1707' E along the said dividing line a distance of 469.33' to a point marked by a concrete monument which point is on the south right-of-way line of Cornell Avenue; thence S 7232' E along the south right-ofway line of Cornell Avenue a distance of 649.94' to the point of beginning.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

"The above described land contains 6.92 acres and as a whole is bounded as follows: On the north by the right-of-way of Cornell Avenue, on the east by the right-of-way of Seawright Drive, on the south by the remaining lands of Georgia Army National Guard, and on the west by Stevenson Subdivision.";
and
WHEREAS, the above-described real property is not presently needed by the Department of Defense or the State of Georgia and is, therefore, surplus; and
WHEREAS, the Veterans of Foreign Wars Post 660 of Chatham County is desirous of obtaining said tract of land for construction of larger, more modern facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA:
Section 1. That the State of Georgia is the owner of the abovedescribed real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through the State Properties Commission.
Section 2. That the above-described real property shall be leased to the Veterans of Foreign Wars of the United States, Charles G. Edwards Post 660, by the State of Georgia, acting by and through the State Properties Commission, for a consideration to be determined by the State Properties Commission and for a term that will expire December 31, 2000, and upon such further terms, conditions and provisions as directed by the State Properties Commission and the State Properties Commission is hereby authorized and empowered to do all necessary acts to effect such conveyance.

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Section 3. That this Resolution shall become effective upon approval by the Governor or upon its becoming law without his approval, and in accordance with the provisions hereof.
Section 4. That all laws and parts of laws in conflict with this Resolution are hereby repealed.
Approved February 12, 1980.

AVAILABILITY OF LAND TO GOODWILL INDUSTRIES OF THE COASTAL EMPIRE, INC.
No. 85 (House Resolution No. 513-1346).
A RESOLUTION
Requesting that the Georgia Building Authority (Hospital) and the State of Georgia, acting by and through the Board of Human Resources of the State of Georgia and/or the Department of Human Resources, and/or the Board of Human Resources of the State of Georgia, acting for and on behalf of itself and the Department of Human Resources, make 12.26 acres of land in Chatham County, Georgia, available to Goodwill Industries of the Coastal Empire, Inc., for the purpose of their constructing and operating thereon a sheltered workshop for the handicapped and other facilities to house the programs of that organization; to provide an effective date; and for other purposes.
WHEREAS, by virtue of Georgia Building Authority (Hospital) Bonds, Series 1968, the Georgia Building Authority (Hospital) has title to 108.52 acres of land in Chatham County, Georgia, conveyed to it by the State of Georgia; and
WHEREAS, because of the aforesaid Georgia Building Authority (Hospital) Bonds, Series 1968, the aforesaid 108.52 acres of land is rented by the Georgia Building Authority (Hospital) to the Board of Human Resources of the State of Georgia, as successor in law and

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GENERAL ACTS AND RESOLUTIONS, VOL. I

interest to the Board of Health of the State of Georgia who was acting for and on behalf of the Department of Public Health who is the predecessor in law and interest to the Department of Human Resources; and
WHEREAS, as used in the Whereas clauses of this Resolution the Department of Human Resources shall mean and include in its usage the Board of Human Resources of the State of Georgia; and
WHEREAS, the Savannah Regional Hospital, which is operated by the Department of Human Resources, is located on a portion of the aforesaid 108.52 acres of land but does not utilize the entire land; and
WHEREAS, the unused portion of the aforesaid 108.52 acres of land is surplus to the needs of the State of Georgia and its Department of Human Resources in its operation of the Savannah Regional Hospital and to the Georgia Building Authority (Hospital); and
WHEREAS, Goodwill Industries of the Coastal Empire, Inc., a nonprofit organization operating sheltered workshops for handicapped citizens of Georgia, desires to utilize a portion of said surplus land being more particularly described as follows:
"All that tract of land, containing 12.26 acres, situate, lying and being in Brennan Ward in the City of Savannah, Chatham County, Georgia, and being more particularly described as follows:
TO FIND THE POINT OF BEGINNING commence at a stick marking the point of intersection of the Eastern right of way line of Meridian Road with the Southern right of way line of Eisenhower Drive, formerly known as Intermediate Road; thence running S 1 03' 00" E a distance of 954.85 feet to an iron rod set marking the Point of Beginning; thence running S 72 50' 00" E a distance of 1260.30 feet to an iron rod set located on the Western right of way line of Casey Canal; thence running S 1424' 30" W, along the Western right of way line of Casey Canal, a distance of 446.51 feet to an iron rod set located on the Western right of line of Casey Canal; thence running N 72 50' 00" W a distance of 1134.69 feet to an iron rod set located on the Eastern right of way line of Meridian Road; thence running

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N 103' 00" W, along the Eastern right of way line of Meridian Road, a distance of 470.00 feet to the iron rod set marking the Point of Beginning.
The above described land being shown on that certain survey of L. C. Jones prepared and Platted by Robert L. Cubbedge, Georgia Registered Land Surveyor No. 1676, a blue line print copy of which is on file in the Office of the SecretaryTreasurer of the Georgia Building Authority (Hospital)"; and
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That the Georgia Building Authority (Hospital) and the State of Georgia, acting by and through the Board of Human Resources of the State of Georgia and/or the Department of Human Resources, and/or the Board of Human Resources of the State of Georgia, acting for and on behalf of itself and the Department of Human Resources, are hereby requested and encouraged and are hereby authorized and empowered by the General Assembly to take appropriate action to make said 12.26 acres of surplus land available to Goodwill Industries of the Coastal Empire, Inc., for the purpose of their constructing and operating thereon a sheltered workshop for the handicapped and other facilities to house the programs of that organization.
Section 2. That said appropriate action of which the Georgia Building Authority (Hospital) and the Board of Human Resources and/or the Department of Human Resources are hereby requested, encouraged, authorized and empowered to make shall be under whatever terms and conditions the Georgia Building Authority (Hospital) and the Board of Human Resources and/or the Department of Human Resources may impose and may take the form of a rental, lease, license or deed transaction of either all or a portion of the rights, title and interests which the Georgia Building Authority (Hospital) and the State of Georgia, acting by and through the Board of Human Resources of the State of Georgia and/or the Department of Human Resources, and/or the Board of Human Resources of the State of Georgia, acting for and on behalf of itself and the Department of Human Resources, have in and to the said 12.26 acres of surplus land.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

Section 3. That said appropriate action referenced above in Sections 1 and 2 of this Resolution if taken by the Georgia Building Authority (Hospital) and the Board of Human Resources and/or the Department of Human Resources is hereby declared by the General Assembly to be in the best interest of the public and the tax payers of Georgia.
Section 4. That this Resolution shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Approved February 12, 1980.

PRIVILEGES, ETC. OF THE ATLANTA OFFICE, COORDINATION COUNCIL FOR NORTH AMERICAN
AFFAIRS OF THE REPUBLIC OF CHINA.
No. 86 (House Resolution No. 491-1284).
A RESOLUTION
Relative to the Atlanta Office, Coordination Council for North American Affairs of the Republic of China; and for other purposes.
WHEREAS, the United States of America no longer officially recognizes the Republic of China but now recognizes the Peoples' Republic of China; and
WHEREAS, the former Consulate General of the Republic of China in the State of Georgia has been discontinued; and
WHEREAS, the Republic of China has opened a new office titled the Atlanta Office, Coordination Council for North American Affairs of the Republic of China; and
WHEREAS, the former Consul General of the Republic of China and the Dean of the Atlanta Consular Corps holds the position of

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Director of the Atlanta Office, Coordination Council for North American Affairs of the Republic of China; and
WHEREAS, the Republic of China has long been a friend of the State of Georgia, and it is desired that the Atlanta Office, Coordination Council for North American Affairs of the Republic of China be extended the privileges that the Consulate General of the Republic of China has heretofore enjoyed in Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Atlanta Office, Coordination Council for North American Affairs of the Republic of China, while it maintains an office in Atlanta, Georgia, shall be accorded the same privileges and exemptions concerning taxation, automobile license plates, education, diplomatic immunity, and any other privileges and exemptions, except that the automobile license plate shall state "Foreign Government" or such similar words as the State Revenue Commissioner shall deem appropriate in lieu of the words "Consular Corps," as were formerly enjoyed by the Consulate General of the Republic of China and which are extended to consulates general of foreign countries generally.
Approved February 15, 1980.

OPTOMETRISTS--USE OF PHARMACEUTICAL AGENTS FOR DIAGNOSTIC PURPOSES, BOARD MEMBERS, ETC.
Code Chapter 84-11 Amended.
No. 685 (Senate Bill No. 31).
AN ACT
To amend Code Chapter 84-11, relating to optometrists, so as to permit the use of pharmaceutical agents for diagnostic purposes by optometrists; to provide for the appointment of an additional member to the Georgia State Board of Examiners in Optometry; to

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change certain of the provisions relative to the appointment of members; to provide for the confirmation by the Senate of persons appointed as members of the Board; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Chapter 84-11, relating to optometrists, is hereby amended by adding a new paragraph at the end of Code Section 84-1101, relating to the definition of optometry, to read as follows:
"Nothing in this Chapter shall prohibit the use of pharmaceutical agents topically applied to the eye for diagnostic purposes in the practice of optometry by optometrists who have received pharmacological training and certification from a properly accredited institution of higher learning and who are certified by the Georgia State Board of Examiners in Optometry to use pharmaceutical agents for diagnostic purposes.",
so that when so amended, Code Section 84-1101 shall read as follows:
"84-1101. `Optometry' Defined.--Optometry is defined as the art and science of visual care and is hereby declared to be a learned profession. The practice of optometry consists of the diagnosis and interpretation of the visual behavior of the human organism by the employment of any means other than the use of drugs, medicine or surgery. The practice of optometry further consists of the correction of visual anomalies through the prescribing, employment and use of lenses, prisms, frames, mountings, contact lenses, orthoptic exercises and/or visual training, light frequencies and any other means or methods for the relief, correction or remedy of any insufficiencies or abnormal conditions of the human visual organism, other than the use of drugs, medicine or surgery.
Nothing in this Chapter shall prohibit the use of pharmaceutical agents topically applied to the eye for diagnostic purposes in the practice of optometry by optometrists who have received pharmacological training and certification from a properly accredited institution of higher learning and who are certified by the Georgia State Board of Examiners in Optometry to use pharmaceutical agents for diagnostic purposes."

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Section 2. Said Code Chapter is further amended by striking Code Section 84-1102, relating to the Georgia State Board of Examiners in Optometry, in its entirety and inserting in lieu thereof a new Code Section 84-1102 to read as follows:
"84-1102. It shall be the duty of the Governor to appoint a Board of Examiners in Optometry to consist of six members. Said Board shall be appointed by the Governor and styled the `Georgia State Board of Examiners in Optometry.' All appointments to the Board shall be subject to the confirmation of the Senate. One of the members shall be appointed from the public at large and shall have no connection whatsoever with the profession or practice of optometry. The remaining five members shall be persons who have been actively engaged in the practice of optometry in the State for five years immediately preceding such appointment and shall be registered as optometrists under the provisions of this Chapter. No person shall be eligible for appointment to the Board who is connected in any way with a school teaching optometry or who sells optical goods at wholesale. The Board shall file with the Governor annually a complete list of the registered optometrists."
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved February 14, 1980.

REGISTERED PROFESSIONAL SANITARIANS-- BOARD MEMBERS.
No. 686 (Senate Bill No. 359).
AN ACT
To amend an Act regulating the practice of professional sanitarians, approved March 7, 1957 (Ga. Laws 1957, p. 219), as amended, particularly by an Act approved March 30, 1977 (Ga. Laws 1977, p. 1108), so as to provide for the appointment and qualification of

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an additional member to the Georgia Board of Registered Professional Sanitarians; to provide procedures connected with the foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section I. An Act regulating the practice of professional sanitarians, approved March 7, 1957 (Ga. Laws 1957, p. 219), as amended, particularly by an Act approved March 30, 1977 (Ga. Laws 1977, p. 1108), is hereby amended by inserting between Section 3 and Section 3A a new section, to be designated as Section 3.1, to read as follows:
"Section 3.1. Effective July 1, 1980, the State Board of Examiners for Registered Professional Sanitarians shall, in addition to the seven members provided for above, consist of an eighth member who shall be appointed by the Governor from the public at large and who shall have no connection whatsoever to the field of sanitary science and technology. The initial term of appointment for the additional member provided for by this section shall expire June 30, 1983, and, thereafter, successors shall be appointed for terms of three years."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved February 14, 1980.

REGISTRATION OF GEOLOGISTS ACT OF 1975 AMENDED.
Code Chapter 84-21A Amended.
No. 687 (Senate Bill No. 360). AN ACT
To amend Code Chapter 84-21 A, known as the "Registration of Geologists Act of 1975," as amended, so as to provide for the appointment and qualification of an additional member to the State

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Board of Registration for Professional Geologists; to provide for a quorum; to provide procedures connected with the foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Chapter 84-21 A, known as the "Registration of Geologists Act of 1975," as amended, is hereby amended by adding after Code Section 84-2114A, relating to the composition of the State Board of Registration for Professional Geologists, a new section, to be designated as Code Section 84-2114A.1, to read as follows:
"84-2114A.1. Effective July 1, 1980, the State Board of Registration for Professional Geologists shall, in addition to the five members provided for above, consist of a sixth member who shall be appointed from the public at large by the Governor, approved by the Secretary of State, and confirmed by the Senate and who shall have no connection whatsoever with the practice of professional geology. The initial term of the member provided for by this section shall expire June 30, 1985, and, thereafter, successors shall be appointed for terms of five years. Notwithstanding any provision of this chapter hereinafter otherwise, upon appointment of the additional member to the board, four members shall constitute a quorum."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved February 14, 1980.

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WATER WELL STANDARDS ADVISORY COUNCILMEMBERS.
No. 688 (Senate Bill No. 362).
AN ACT
To amend an Act providing for the development of water well standards and creating the Water Well Standards Advisory Council, approved March 31, 1976 (Ga. Laws 1976, p. 974), as amended by an Act approved April 11, 1977 (Ga. Laws 1977, p. 1506), so as to change the composition of the membership of the Water Well Standards Advisory Council; to provide for procedures connected with the foregoing; to provide for intent; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing for the development of water well standards and creating the Water Well Standards Advisory Council, approved March 31, 1976 (Ga. Laws 1976, p. 974), as amended by an Act approved April 11, 1977 (Ga. Laws 1977, p. 1506), is hereby amended by striking in its entirety subsection (a) of Section 3 and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The Water Well Standards Advisory Council is hereby created. The Council shall be composed of the following:
(1) a member appointed by the Governor from the public at large, who shall not be in any way connected with water well development, to serve for an initial term of two years from July 1, 1981, to and expiring July 1, 1983;
(2) a member appointed by the Commissioner of Natural Resources to serve for an initial term of three years, which term shall expire July 1, 1979; and a member appointed by the Georgia Farm Bureau to serve for an initial term of three (3) years, which term shall expire July 1, 1979; and
(3) three members, who are members of the Georgia Well Drillers Association, appointed by the Governor to serve for initial terms of four years, which terms shall expire July 1, 1980.

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Thereafter, upon the expiration of the respective terms, each successor shall be appointed in the same manner as his predecessor for a term of three years. At the first meeting of the Council held in each calendar year, the Council shall elect a chairman who shall serve for one year, adopt rules of procedure and develop a work plan. Vacancies on the Council shall be filled in the same manner as the original appointment for the remainder of the term of office. A vacancy in the position of chairman shall be filled by vote of the Council."
Section 2. The member appointed by the Commissioner of Human Resources pursuant to the 1977 amendatory Act shall serve for a term of office which expires July 1, 1981. Thereafter, such position on the board shall be filled as provided in Section 1 of this Act.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved February 14, 1980.

GEORGIA STATE BOARD OF PHYSICAL THERAPYMEMBERS.
No. 689 (Senate Bill No. 364).
AN ACT
To amend an Act creating the Georgia State Board of Physical Therapy, approved March 27, 1972 (Ga. Laws 1972, p. 388), so as to provide for the appointment and qualification of an additional member to the Board; to provide for a quorum; to provide procedures connected with the foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:

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Section 1. An Act creating the Georgia State Board of Physical Therapy, approved March 27, 1972 (Ga. Laws 1972, p. 388), is hereby amended by adding at the end of Section 5 of said Act, relating to the composition of the Board, a new Section 5A to read as follows:
"Section 5A. Effective July 1, 1980, the Georgia State Board of Physical Therapy shall, in addition to the members provided for above, consist of a sixth member who shall be appointed from the public at large by the Governor and approved by the Secretary of State and confirmed by the Senate, and shall have no connection whatsoever with the practice or profession of physical therapy. The initial term of appointment for the additional member provided for by this Section shall expire June 30, 1983, and, thereafter, the Governor shall appoint successors for a term of three years. Notwithstanding any provision hereinafter otherwise, upon appointment of the additional member to the Board, four of the Board members shall constitute a quorum."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved February 14, 1980.

STATE BOARD OF REGISTRATION OF FORESTERS^ MEMBERS.
No. 690 (Senate Bill No. 365).
AN ACT
To amend an Act creating the State Board of Registration of Foresters, approved February 21, 1951 (Ga. Laws 1951, p. 581), as amended, so as to provide for the appointment and qualification of an additional member to the Board; to provide for the number of votes required to revoke or reissue a license; to provide for a quorum; to provide procedures connected with the foregoing; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the State Board of Registration of Foresters, approved February 21, 1951 (Ga. Laws 1951, p. 581), as amended, is hereby amended by adding after Section 3, relating to the State Board of Registration of Foresters, a new section, to be designated Section 3A to read as follows:
"Section 3A. Effective July 1, 1980, the State Board of Registration of Foresters shall, in addition to the five members provided for above, consist of a sixth member who shall be appointed by the Governor from the public at large and who shall have no connection whatsoever with professional forestry or the practice of professional forestry. The initial term of appointment for the additional member provided for by this Section shall expire June 30, 1985, and thereafter, the Governor shall appoint successors for a term of five years. Notwithstanding any provision hereinafter otherwise, following the appointment of the additional member of the Board, four voting members shall constitute a quorum, and a vote of four or more members of the Board shall be required to support revocation of the license of a registered forester, or to support reissuance of the license to any person whose license has been revoked."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved February 14, 1980.

GEORGIA BOARD OF ATHLETIC TRAINERS-- MEMBERS.
No. 691 (Senate Bill No. 366).
AN ACT
To amend an Act relating to the Georgia Board of Athletic Trainers, approved March 30, 1977 (Ga. Laws 1977, p. 1 123), so as

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to provide for the appointment and qualification of an additional member to the Board; to provide for a quorum; to provide procedures connected with the foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act relating to the Georgia Board of Athletic Trainers, approved March 30, 1977 (Ga. Laws 1977, p. 1123), is hereby amended by adding at the end of Section 2 of said Act, relating to the composition of the Board, a new Section 2A to read as follows:
"Section 2A. Additional member. Effective July 1, 1980, the Georgia Board of Athletic Trainers shall, in addition to the members provided for above, consist of a fourth member who shall be appointed from the public at large by the Governor, and confirmed by the Senate, and who shall have no connection whatsoever with the practice or profession of athletic training. The initial term of appointment for the additional member provided for by this section shall expire January 31, 1986, and, thereafter, successors shall be appointed for a term of six years. Notwithstanding any other provision of this Act hereinafter otherwise, upon the appointment of the additional member provided by this section, the quorum required for any meeting of the Board shall be three members."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved February 14, 1980.

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BOARD OF POLYGRAPH EXAMINERS--MEMBERS.
No. 692 (Senate Bill No. 367).
AN ACT
To amend an Act creating a Board of Polygraph Examiners, approved April 9, 1968 (Ga. Laws 1968, p. 1217), as amended, so as to provide for the appointment and qualification of an additional Board member; to provide procedures connected with the foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a Board of Polygraph Examiners, approved April 9, 1968 (Ga. Laws 1968, p. 1217), as amended, is hereby amended by adding at the end of Section 3, relating to the composition of the Board, a new Section 3A to read as follows:
"Section 3A. Effective July 1, 1980, the Board of Polygraph Examiners shall, in addition to the members provided for above, consist of a seventh member who shall be appointed by the Governor from the public at large and shall have no connection whatsoever to the profession or practice of polygraph examination. The initial term of appointment for the additional member provided for by this Section shall expire June 30, 1986, and, thereafter, the Governor shall appoint successors for a term of six years."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved February 14, 1980.

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GEORGIA BOARD OF EXAMINERS OF LICENSED PRACTICAL NURSES--MEMBERS.
No. 693 (Senate Bill No. 368).
AN ACT
To amend an Act providing for the licensing of practical nurses, approved March 2, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 333), as amended, particularly by an Act approved March 30, 1977 (Ga. Laws 1977, p. 1200), so as to provide for the appointment and qualification of an additional member to the Georgia Board of Examiners of Licensed Practical Nurses; to provide procedures connected with the foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing for the licensing of practical nurses, approved March 2, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 333), as amended, particularly by an Act approved March 30, 1977 (Ga. Laws 1977, p. 1200), is hereby amended by adding at the end of Section 11, relating to the composition of the Georgia Board of Examiners of Licensed Practical Nurses, a new Section 11A to read as follows:
"Section 1 1A. Effective July 1, 1980, the Georgia Board of Examiners of Licensed Practical Nurses shall, in addition to the members provided for above, consist of a sixth member who shall be appointed from the public at large by the Governor, with the approval of the Secretary of State and confirmed by the Senate, and shall have no connection with the practice or profession of nursing. The initial term of appointment for the additional member provided for by this Section shall expire July 1, 1984, and, thereafter, successors shall be appointed for terms of four years."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved February 14, 1980.

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GEORGIA BARBER ACT AMENDED-MEMBERS OF STATE BOARD OF BARBERS.
No. 694 (Senate Bill No. 369).
AN ACT
To amend an Act known as the "Georgia Barber Act," relating to the Georgia State Board of Barbers, approved April 19, 1973 (Ga. Laws 1973, p. 1450), as amended, particularly by an Act approved February 25, 1977 (Ga. Laws 1977, p. 223), so as to provide for the appointment and qualification of an additional member to the Georgia State Board of Barbers; to provide for a quorum; to provide procedures connected with the foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia;
Section 1. An Act known as the "Georgia Barber Act," relating to the Georgia State Board of Barbers, approved April 19, 1973 (Ga. Laws 1973, p. 1450), as amended, particularly by an Act approved February 25, 1977 (Ga. Laws 1977, p. 223), is hereby amended by inserting at the end of Section 5, relating to the Georgia State Board of Barbers, a new Section 5A to read as follows:
"Section 5A. Effective July 1, 1980, the Georgia State Board of Barbers shall, in addition to the members provided for above, consist of a sixth member who shall be appointed from the public at large by the Governor, and approved by the Secretary of State and confirmed by the Senate, and shall have no connection whatsoever with the profession of barbering. The initial term for the additional member provided for by this Section shall expire June 30, 1983, and thereafter, successors shall be appointed for a term of three years. Upon appointment of the additional member to the Board, four of the Board members shall constitute a quorum, notwithstanding any provision hereinafter otherwise."

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved February 14, 1980.

BOARD OF RECREATIONAL EXAMINERS--MEMBERS.
No. 695 (Senate Bill No. 371).
AN ACT
To amend an Act creating the Board of Recreation Examiners of the State of Georgia, approved March 8, 1968 (Ga. Laws 1968, p. 137), as amended, so as to provide for the appointment and qualification of an additional member to the Board; to provide procedures connected with the foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Board of Recreation Examiners of the State of Georgia, approved March 8, 1968 (Ga. Laws 1968, p. 137), as amended, is hereby amended by adding at the end of Section 2, relating to the creation of the Board, a new Section 2A to read as follows:
"Section 2A. Effective July 1, 1980, the Board of Recreation Examiners of the State of Georgia shall, in addition to the five members provided for above, consist of a sixth member who shall be appointed from the public at large by the Governor, with the approval of the Secretary of State and confirmation by the Senate, and who shall have no connection whatsoever with the profession of recreation administration and recreation supervision. The initial term of appointment for the additional member provided for by this Section shall expire July 1 1983, and, thereafter, all subsequent appointments shall be for terms of three years."

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved February 14, 1980.

GEORGIA STATE BOARD OF OCCUPATIONAL THERAPY--MEMBERS.
No. 696 (Senate Bill No. 372).
AN ACT
To amend an Act known as the "Georgia State Occupational Therapy Licensing Act," approved March 31, 1976 (Ga. Laws 1976, p. 993), as amended, so as to provide for the appointment and qualification of an additional member to the Georgia State Board of Occupational Therapy; to provide procedures connected with the foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act known as the "Georgia State Occupational Therapy Licensing Act," approved March 31, 1976 (Ga. Laws 1C76, p. 993), as amended, is hereby amended by adding after subsection (a) of Section 4, relating to the composition of the Georgia State Board of Occupational Therapy, a new subsection to be denominated as paragraph (1) of subsection (a) of Section 4 and to read as follows:
"(1) Effective July 1, 1980, the Georgia State Board of Occupational Therapy shall, in addition to the members provided for above, consist of a sixth member who shall be appointed by the Governor from the public at large, and confirmed by the Senate, and who shall have no connection whatsoever with the profession or practice of occupational therapy. The initial term of appointment for the additional member provided for by this section shall expire

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June 30, 1984, and, thereafter, successors shall be appointed for a term of four years."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved February 14, 1980.

STATE BOARD OF EXAMINERS OF PSYCHOLOGISTSMEMBERS.
No. 697 (Senate Bill No. 374).
AN ACT
To amend an Act providing for the licensure of applied psychologists, approved February 21, 1951 (Ga. Laws 1951, p. 408), as amended, particularly by an Act approved March 20, 1970 (Ga. Laws 1970, p. 511), so as to provide for the appointment and qualification of an additional member to the State Board of Examiners of Psychologists; to provide for a quorum; to change the provisions relating to revocation or refusal of a license and reinstatement; to change the provisions relating to called meetings; to provide procedures connected with the foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing for the licensure of applied psychologists, approved February 21, 1951 (Ga. Laws 1951, p. 408), as amended, particularly by an Act approved March 20, 1970 (Ga. Laws 1970, p. 511), is hereby amended by adding after Section 2, relating to creation of the State Board of Examiners of Psychologists, a new Section 2A to read as follows:
"Section 2A. Effective July 1, 1980, the State Board of Examiners of Psychologists shall, in addition to the members provided for

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above, consist of a sixth member who shall be appointed by the Governor from the public at large and have no connection whatsoever with the practice or profession of psychology. The initial term of appointment for the additional member provided for by this Section shall expire July 1, 1985, and thereafter, the Governor shall appoint successors for a term of five years. Notwithstanding any provision hereinafter otherwise, upon appointment of the additional member, four members of the Board shall at all times constitute a quorum, a vote of five members shall be required to revoke or refuse to grant and to reinstate a license, and a written request by three members shall be required to call a meeting."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved February 14, 1980.

STATE BOARD OF EXAMINERS FOR CERTIFIED WATER AND WASTEWATER TREATMENT PLANT
OPERATORS--MEMBERS.
No. 698 (Senate Bill No. 375).
AN ACT
To amend an Act known as the "Certification of Water and Wastewater Treatment Plant Operators Act," approved April 8, 1969 (Ga. Laws 1969, p. 272), as amended by an Act approved April 24, 1975 (Ga. Laws 1975, p. 1074), so as to provide for the appointment and qualification of an additional member to the State Board of Examiners for Certified Water and Wastewater Treatment Plant Operators; to provide procedures connected with the foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:

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Section 1. An Act known as the "Certification of Water and Wastewater Treatment Plant Operators Act," approved April 8, 1969 (Ga. Laws 1969, p. 272), as amended by an Act approved April 24, 1975 (Ga. Laws 1975, p. 1074), is hereby amended by adding after Section 3, relating to the State Board of Examiners for Certified Water and Wastewater Treatment Plant Operators, a new section to be designated Section 3A to read as follows:
"Section 3A. Effective July 1, 1980, the State Board of Examiners for Certified Water and Wastewater Treatment Plant Operators shall, in addition to the five members provided for above, consist of a sixth member who shall be appointed by the Governor from the public at large and who shall have no connection whatsoever with the water and wastewater treatment industry. The initial term for the member provided for by this Section shall expire June 30, 1984, and thereafter, the Governor shall appoint successors for a term of four years."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved February 14, 1980.

GEORGIA VETERINARY PRACTICE ACT AMENDEDMEMBERS OF BOARD OF VETERINARY MEDICINE.
Code Chapter 84-15 Amended.
No. 699 (Senate Bill No. 376).
AN ACT
To amend Code Chapter 84-15, known as the "Georgia Veterinary Practice Act," as amended, so as to provide for the qualification and appointment of an additional member to the Board of VeG erinary Medicine; to provide procedures connected with the foregoing; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia:
Section 1. Code Chapter 84-15, known as the "Georgia Veterinary Practice Act," as amended, is hereby amended by adding after Code Section 84-1504, relating to the Board of Veterinary Medicine, a new Code Section, to be designated as Code Section 84-1504A, to read as follows:
"84-1504A. Effective July 1, 1980, the Board of Veterinary Medicine shall, in addition to the members provided for above, consist of a sixth member who shall be appointed from the public at large by the Governor, with the approval of the Secretary of State, and confirmed by the Senate, and who shall be in no way connected with the practice of veterinary medicine. The initial appointment for the additional member provided for by this Section shall expire June 30, 1985, and, thereafter, successors shall be appointed for a term of five years."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved February 14, 1980.

STATE BOARD OF ACCOUNTANCY--MEMBERS.
Code Section 84-203 Amended.
No. 700 (Senate Bill No. 377).
AN ACT
To amend Code Section 84-203, relating to the State Board of Accountancy, so as to require the appointment to the board of a member from the public at large; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 84-203, relating to the State Board of Accountancy, is hereby amended by striking in its entirety subsection (a) thereof and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) (1) There is hereby created the State Board of Accountancy.
(2) The Board shall consist of seven members to be appointed by the Governor with the approval of the Secretary of State and the State Senate. Each member of the Board shall be a resident of this State. Five members of the Board shall be certified public accountants, and one member shall be a public accountant holding a certificate as a registered public accountant who has practiced as such in this State, under a certificate issued by this State, for at least four years and who is currently engaged in public practice. One member shall be appointed, beginning July 1, 1980, from the public at large and shall have no connection whatsoever to the accounting profession.
(3) Except as provided for the appointment of a member from the public at large, each member of the Board in office on July 11 1980, shall remain in office until the expiration of his term and the appointment and approval of his successor. The initial member appointed from the public at large shall be appointed for a term ending June 30, 1984.
Each subsequent appointment or reappointment of Board members shall be for a period of four years. The remaining portion of any unexpired term shall be filled by appointment by the Governor with the approval of the Secretary of State and the State Senate. Upon the expiration of his term of office, a member shall continue to serve until his successor shall have been appointed and shall have qualified.
(4) No member of the Board shall serve as such for more than two terms, consecutive or otherwise and, for purposes of calculating the number of terms served, the filling of an unexpired term, or terms, for a total of more than thirty calendar months shall be treated as having served a full term.

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(5) Any member of the Board may be removed by the Governor for misconduct, incompetence, or neglect of duty. The membership on the Board of any member whose permit to practice has become void or has been revoked or suspended or of any member who has ceased to practice publicly shall be automatically terminated simultaneously with any such voiding, revocation, suspension or cessation.
(6) Each member of the Board shall be paid an amount not to exceed $25.00 for each day or portion thereof spent in the discharge of his official duties and shall be reimbursed for his actual and necessary expenses legally incurred in the discharge of his official duties."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved February 14, 1980.

BOARD OF CHIROPRACTIC EXAMINERS--MEMBERS.
Code Chapter 84-5 Amended.
No. 701 (Senate Bill No. 378).
AN ACT
To amend Code Chapter 84-5, relating to the regulation of chiropractic and the Board of Chiropractic Examiners, as amended, so as to provide for the appointment and qualification of an additional member to the Georgia Board of Chiropractic Examiners; to provide for procedures connected with the foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:

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Section I. Code Chapter 84-5, relating to the regulation of chiropractic and the Board of Chiropractic Examiners, as amended, is hereby amended by adding after Code Section 84-503, relating to the members of the Georgia Board of Chiropractic Examiners, a new section to be designated as Code Section 84-503A, and to read as follows:
"84-503A. Effective July 1, 1980, the Georgia Board of Chiropractic Examiners shall, in addition to the five members provided for above, consist of a sixth member who shall be appointed by the Governor from the public at large and who shall not be in any way connected to practicing chiropractic. The initial term for the member provided for by this Section shall expire June 30, 1983, and thereafter, successors shall be appointed for a term of three years."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved February 14, 1980.

HOSPITAL SERVICE NONPROFIT CORPORATIONS-^ DIRECTORS.
Code Section 56-1709 Amended. No. 703 (House Bill No. 1101).
AN ACT
To amend Code Section 56-1709, relating to the directors of hospital service nonprofit corporations, so as to provide that not more than 50 percent of such directors may be directors, superintendents, trustees, or employees of hospitals; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 56-1709, relating to the directors of hospital service nonprofit corporations, is hereby amended by strik-

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69

ing said Code section in its entirety and substituting in lieu thereof the following:
"56-1709. Personnel of directors. Not more than 50 percent of the directors of said corporation may be directors, superintendents, trustees, or employees of hospitals as herein defined."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved February 15, 1980.

TORTS--IMMUNITY FROM DAMAGES FOR DONATION OF FOOD TO NONPROFIT ORGANIZATIONS.
Code Chapter 105-11 Amended.
No. 705 (House Bill No. 1074).
AN ACT
To amend Code Chapter 105-11, relating to injuries to health, as amended, so as to provide immunity for certain persons regarding donated food made to nonprofit organizations; to preserve the liability of certain nonprofit organizations; to provide for an information and referral service regarding donated food; to provide for inspection and handling of donated food; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Chapter 105-1 1, relating to injuries to health, as amended, is hereby amended by adding at the end thereof a new Code section to read as follows:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

"105-1106. Legal immunity for donated food, (a) A person, including but not limited to a farmer, processor, distributor, wholesaler, or retailer of food, who in good faith donates an item of food for use or distribution by a nonprofit organization shall not be liable for civil damages or criminal penalties resulting from the nature, age, condition, or packaging of the donated food.
(b) Nothing in this section is intended to limit any liability on the part of the donee nonprofit organization accepting food items under subsection (a) of this section.
(c) The Department of Agriculture shall maintain an information and referral service for persons and organizations that have notified the department of their desire to donate food to nonprofit organizations.
(d) Appropriate state and local departments and agencies are authorized to inspect donated food items for wholesomeness and may establish procedures for the handling of the food items."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved February 15, 1980.

SUBPOENAS, ETC. OF WITNESSES, FEES, ETC.
No. 706 (House Bill No. 1180).
AN ACT
To amend an Act comprehensively revising the laws relating to subpoenas and other like processes and providing for the attendance of witnesses and the fees thereof, approved March 15, 1966 (Ga. Laws 1966, p. 502), as amended, so as to provide for the amount to be allotted per mile for traveling expenses for witnesses; to provide for state-wide service of subpoenas requiring the attendance of wit-

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71

nesses at a hearing or trial; to repeal conflicting laws; to provide that this Act shall apply to subpoenas presently issued; to provide an effective date; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act comprehensively revising the laws relating to subpoenas and other like processes and providing for the attendance of witnesses and the fees thereof, approved March 15, 1966 (Ga. Laws 1966, p. 502), as amended, is hereby amended by striking from subsection (d) of Section 1 the following:
"eight (8) cents",
and inserting in lieu thereof the following:
"twenty cents",
so that when so amended subsection (d) of Section 1 shall read as follows:
"(d) Fees; Mileage. The witness fee shall be ten dollars ($10.00) per diem, and execution shall be issued by the clerk upon affidavit of the witness to enforce payment thereof. The payment of fees shall not be demanded as a condition precedent to attendance, but when a witness resides outside the county where the testimony is to be given, service of the subpoena to be valid must be accompanied by tender of the fee for one day's attendance plus mileage of twenty cents per mile for traveling expenses for going from and returning to his place of residence by the nearest practical route. Tender of fees and mileage may be made by United States currency or postal money order, or by cashier's or certified check. When the subpoena is issued on behalf of the state, or an officer, agency or political subdivision thereof, or a defendant in a criminal case, fees and mileage need not be tendered."
Section 2. Said Act is further amended by striking from subsection (e) of Section 1 the following:
"within the county, or at any place without the county that is within 150 miles of the place of the hearing or trial specified in the subpoena.",

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GENERAL ACTS AND RESOLUTIONS, VOL. I

and inserting in lieu thereof the following:
"within the state.",
so that when so amended subsection (e) of Section 1 shall read as follows:
"(e) Subpoena For A Hearing Or Trial. At the request of any party subpoenas for attendance at a hearing or trial shall be issued by the clerk of the court in which the hearing or trial is held. A subpoena requiring the attendance of a witness at a hearing or trial may be served at any place within the state."
Section 3. This Act shall apply to all subpoenas issued prior to the effective date of this Act.
Section 4. This Act shall be effective upon the signature or approval of the Governor or said Act becoming effective without the approval of the Governor.
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved February 15, 1980.

ELECTRIC MEMBERSHIP CORPORATION ACT AMENDED.
No. 708 (House Bill No. 1211).
AN ACT
To amend an Act known as the "Electric Membership Corporation Act," approved March 30, 1937 (Ga. Laws 1937, p. 644), as amended by an Act approved March 24, 1939 (Ga. Laws 1939, p. 312), an Act approved February 16, 1950 (Ga. Laws 1950, p. 233), an Act approved December 22, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 359), an Act approved March 13, 1957 (Ga. Laws 1957, p.

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604), an Act approved January 27, 1960 (Ga. Laws 1960, p. 5), an Act approved March 21, 1970 (Ga. Laws 1970, p. 555), and an Act approved April 18, 1975 (Ga. Laws 1975, p. 783), so as to change the method of incorporation, amendment of articles of incorporation, and consolidation of electric membership corporations; to specify the duration of such corporations; to specify certain powers; to require certain notices; to change certain provisions relating to fees; to provide for other matters relative to the foregoing; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act known as the "Electric Membership Corporation Act," approved March 30, 1937 (Ga. Laws 1937, p. 644), as amended by an Act approved March 24, 1939 (Ga. Laws 1939, p. 312), an Act approved February 16, 1950 (Ga. Laws 1950, p. 233), an Act approved December 22, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 359), an Act approved March 13, 1957 (Ga. Laws 1957, p. 604), an Act approved January 27, 1960 (Ga. Laws 1960, p. 5), an Act approved March 21, 1970 (Ga. Laws 1970, p. 555), and an Act approved April 18, 1975 (Ga. Laws 1975, p. 783), is hereby amended by striking in its entirety subsection (2) of Section 4 thereof, relating to powers of corporation, which reads as follows:
"(2) To have succession for a period of 35 years with the privilege of renewal one or more times unless a shorter period of duration is stated in the petition or declaration as hereinafter provided.",
and substituting in lieu thereof a new subsection (2) to read as follows:
"(2) To have perpetual duration unless a limited period of duration is stated in its Articles of Incorporation. Each corporation organized and existing under this Act, or continuing to operate as an Electric Membership Corporation after the expiration of the period of duration stated in its charter or any renewal thereof on the effective date of the 1980 amendment to this subsection, shall have perpetual duration, unless its Articles of Incorporation are amended under this Act to provide for a limited period of duration."

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GENERAL ACTS AND RESOLUTIONS, VOL. I

Section 2. Said Act is further amended by striking in its entirety Section 5 thereof, relating to power of superior courts and the judges thereof, which reads as follows:
"Section 5. Power of Superior Courts and the Judges Thereof; Incorporators. Be it further enacted, That
(a) The Superior Courts shall have power to create electric membership corporations, to approve amendments to the charters of such corporations, and to approve petitions or declarations of consolidation, and they shall have the further power to order and decree dissolution of such corporations, by compliance with the provisions of this Act, and in accordance with the procedure prescribed by law for the formation of corporations in general. The judges of the Superior Courts are authorized and empowered to make such orders and decrees, in vacation at chambers in the county where the application or petition is pending, or, in any county forming a part of the judicial circuit in which the application or petition is pending, in the same manner and subject to the same restrictions as provided for rendering orders and decrees in term time.
(b) That any three or more natural persons of the age of 21 years or more, residents of this State, may act as incorporators of a corporation to be organized under this Act by executing a petition or declaration as hereinafter provided in this Act.",
and substituting in lieu thereof a new Section 5 to read as follows:
"Section 5. Power of Secretary of State and Superior Courts, (a) The Secretary of State shall have power to create electric membership corporations, to approve Articles of Amendment to the Articles of Incorporation of such corporations, and to approve Articles of Consolidation. The Superior Courts shall have power to order and decree dissolution of such corporations by compliance with the provisions of this Act.
(b) Any three or more natural persons aged 21 years or more who are residents of this State may act as incorporators of a corporation to be organized under this Act by executing and filing Articles of Incorporation as provided in this Act."

GEORGIA LAWS 1980 SESSION

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Section 3. Said Act is further amended by striking in its entirety Section 6 thereof, relating to petition or declaration, and substituting in lieu thereof a new Section 6 to read as follows:
"Section 6. Petition or Declaration, (a) The Articles of Incorporation to be filed as hereinbefore provided shall state:
(1) The name of the corporation, which name shall include the words `Electric Membership Corporation' and the name shall be such as to distinguish it from any other corporation organized and existing under the laws of this State.
(2) The purpose for which the corporation is formed.
(3) The names and addresses of the incorporators, not less than three, who shall serve as directors and manage the affairs of the corporation until its first annual meeting of members, or until their successors are elected and qualify.
(4) The address of its principal office and the name and address of its agent upon whom process may be served.
(5) The period of duration, which shall be perpetual unless otherwise provided.
(6) The terms and conditions upon which persons shall be admitted to membership in the corporation.
(b) The Articles of Incorporation may also contain any provision not inconsistent with the law which the incorporators may choose to insert for the regulation of the business and the conduct of the affairs of the corporation; and any provisions not contrary to law creating, defining, limiting, or regulating the powers of the corporation, its directors, and members. It shall not be necessary to set forth in said Articles of Incorporation any of the corporate powers enumerated in this Act."
Section 4. Said Act is further amended by striking in its entirety Section 8 thereof, relating to chartering of corporations, which reads as follows:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

"Section 8. Chartering of Corporations. Be it further enacted, That in order to incorporate an Electric Membership Corporation under the terms of this Act the original copy of the petition or declaration shall be executed by being signed by the incorporators, and it shall be filed in the office of the clerk of the Superior Court of the county in which the principal office of the corporation is to be located. Publication of said petition shall be made and the order of incorporation shall be granted and renewed by the Superior Court, or the judge thereof, in the same manner and in accordance with the same procedure prescribed for the chartering of corporations in general by Chapter 22-3 of the Georgia Code of 1933 as the same may be from time to time amended.",

and substituting in lieu thereof a new Section 8 to read as follows:

"Section 8. Authority and Procedures for Granting of Articles of Incorporation, (a) In order to incorporate an electric membership corporation under the terms of this Act the original copy of the Articles of Incorporation shall be executed by being signed by the incorporators and shall be filed with and acted upon by the Secretary of State.

(b) A notice of the filing shall be published in the same manner and in accordance with the procedures of the Georgia Business Corporation Code, as now or hereafter amended, except that the letter addressed to the publisher of the official organ of the county where the initial registered office of the corporation is to be located shall be in substantially the following form:

`(Name and address of the newspaper designated by the incorporator or incorporators or his or their representative.)

Dear Sirs:

You are requested to publish four times, a notice in the following form:

(Name of Corporation) has been duly incorpo-

rated on

, 19

(Month, day, and year to be

inserted by the Secretary of State), by the issuance of a certifi-

cate of incorporation by the Secretary of State in accordance

with the applicable provisions of the Electric Membership Cor-

GEORGIA LAWS 1980 SESSION

77

poration Act. The initial registered office of the corporation is

located at

(address of registered office) and its

initial registered (agent) (agents) at such address (is) (are)

(name or names of agent or agents)."

Enclosed is a (check, draft, or money order) in the amount of $60.00 in payment of the cost.

Very truly yours, (Name & address of incorporator or incorporators or his or their representatives)'"

Section 5. Said Act is further amended by striking in its entirety the second Section 14 thereof, relating to amendment of charter, which reads as follows:

"Section 14. Amendment of Charter. Be it further enacted that a corporation may authorize an amendment or renewal of its charter by a majority vote of the members present and voting, either in person or by proxy, at any regular meeting of its members, or any special meeting of its members called for that purpose. The power to amend or renew its charter shall include the power to accomplish any desired change or subsequent changes in the provisions of its charter and to include any purpose, power or provision which would be authorized to be included in the original petition or declaration if executed at the time the amendment or renewal of the charter is made. A petition or declaration of amendment or renewal signed by the president or vice-president and attested by the secretary, certifying to such amendment or renewal and its lawful adoption, shall be filed, and approved by the Superior Court or the judge thereof in vacation at chambers; published and recorded in the same manner as the original petition or declaration of incorporation. Upon the granting of the order of approval of the superior court, or the judge thereof in vacation, of the renewal or the amendment or amendments, such amendment or amendments shall be deemed to be immediately effective, and such renewal shall be effective at the date of expiration of the charter. Publication may be made after the approval thereof by the Superior Court or judge thereof.",

and substituting in lieu thereof a new section, to be designated Section 14A, to read as follows:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

"Section 14A. Amendment of Articles of Incorporation, (a) An electric membership corporation may authorize an amendment or renewal of its charter Articles of Incorporation by a majority vote of the members present and voting, either in person or by proxy, at any regular meeting of its members or any special meeting of its members called for that purpose. The power to amend or renew its Articles of Incorporation shall include the power to accomplish any desired change or subsequent changes in the provisions of its Articles of Incorporation and to include any purpose, power, or provision which would be authorized to be included in the original Articles of Incorporation, if executed at the time the amendment or renewal of the Articles of Incorporation is made.

(b) (1) Articles of Amendment or renewal signed by the president or vice president and attested by the secretary, certifying to such amendment or renewal and its lawful adoption, shall be filed with, approved, and acted upon by the Secretary of State.

(2) A notice of the filing shall be published in the same manner and in accordance with the procedures of the Georgia Business Corporation Code, as now or hereafter amended, except that the letter addressed to the publisher of the official organ of the county where the registered office of the corporation is to be located shall be in substantially the following form:

`(Name and address of the newspaper designated by the incorporator or incorporators or his or their representative.)

Dear Sirs:

You are requested to publish four times, a notice in the following form:

(Name of Corporation) has been duly amended

on

,19, (Month, day, and year to be inserted

by the Secretary of State), by the issuance of a certificate of

amendment by the Secretary of State in accordance with the

applicable provisions of the Electric Membership Corporation

Act."

Enclosed is a (check, draft, or money order) in the amount of $60.00 in payment of the cost of publishing this notice.

GEORGIA LAWS 1980 SESSION

79

Very truly yours, (Name & address of incorporator or incorporators or his or their representatives)'"
Section 6. Said Act is further amended by striking in its entirety Section 15 thereof, relating to consolidation, which reads as follows:
"Section 15. Consolidation. Be it further enacted, That (a) any two or more corporations may enter into an agreement for the consolidation of such corporations. The agreement shall set forth the terms and conditions of the consolidation, the name of the proposed consolidated corporation, the number of its directors, not less than three, the time of the annual meeting and election, and the name of at least three persons to be directors until the first annual meeting. If such agreement is approved by the votes of a majority of the members of each corporation, voting at any regular meeting or any special meeting of its members called for that purpose, the directors named in the agreement shall sign as incorporators a petition or declaration of consolidation conforming substantially to the original petition or declaration of incorporation of a corporation organized under this Act.
(b) That the petition or declaration of consolidation shall be filed, published, and approved by the Superior Court, or the judge thereof in vacation at chambers, and recorded, in the same manner as the original petition or declaration of incorporation of a corporation organized under this Act. Upon the granting of the order approving the petition or declaration of consolidation, the proposed consolidated corporation, under its designated name, shall be and constitute a body corporate with all the powers of a corporation as originally created under this Act.",
and substituting in lieu thereof a new Section 15 to read as follows:
"Section 15. Consolidation; Agreement and How Effected, (a) Any two or more corporations may enter into an agreement for consolidation of such corporations. The agreement shall set forth the terms and conditions of the consolidation, the name of the proposed consolidated corporation, the number of its directors, not less than three, the time of the annual meeting and election, and the names of at least three persons to be directors until the first annual

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GENERAL ACTS AND RESOLUTIONS, VOL. I

meeting. If such agreement is approved by the votes of a majority of the members of each corporation, voting at any regular meeting or any special meeting of its members called for that purpose, the directors named in the agreement shall sign as incorporators Articles of Consolidation conforming substantially to the original Articles of Incorporation of an electric membership corporation organized under this Act.

(b) (1) Articles of Consolidation shall be filed, published, and approved by the Secretary of State and recorded in the same manner as the Articles of Incorporation of an electric membership corporation organized under this Act. Upon the granting of the Articles of Consolidation, the proposed consolidated corporation, under its designated name, shall be and constitute a body corporate with all the powers of a corporation as originally created under this Act.

(2) Notice of the filing shall be published in the same manner and in accordance with the procedures of the Georgia Business Corporation Code, as now or hereafter amended, except that the letter addressed to the publisher of the official organ of the county where the registered office of the surviving or new corporation is to be located shall be in substantially the following form:

`(Name and address of the newspaper designated by the merging or consolidated corporations.)

Dear Sirs:

You are requested to publish four times, a notice in the following form:

"A (consolidation) (has been) (will be) effected by and between

(name and state of incorporation of each of the

constituent corporations) on

,19, (month, day,

and year to be inserted by the Secretary of State), by the issuance

of a certificate of (consolidation) by the Secretary of State, in

accordance with the applicable provisions of the Electric Mem-

bership Corporation Act. The name of the (new corporation

resulting from the consolidation [is] [will be]

) (set

forth the name and state of incorporation of the surviving corpo-

GEORGIA LAWS 1980 SESSION

81

ration or new corporation, as the case may be), the registered

office of which (is) (will be) located at

(address of

registered office)."

Enclosed is a (check, draft, or money order) in the amount of $60.00 in payment of the cost of publishing this notice.

Very truly yours, (Name & address of merging or consolidating corporations of their representative)'"

Section 7. Said Act is further amended by striking in its entirety Section 17 thereof, relating to fees, which reads as follows:

"Section 17. Fees. Be it further enacted, That the clerk of the Superior Court shall charge and collect for:

(1) Filing and recording petition or declaration of incorporation and order approving same five ($5.00) dollars;

(2) Filing and recording petition or declaration of amendment and order approving same five ($5.00) dollars;

(3) Filing and recording petition or declaration of consolidation and order approving same five ($5.00) dollars;

(4) Filing and recording petition and decree of dissolution five ($5.00) dollars.",

and substituting in lieu thereof a new Section 17 to read as follows:

"Section 17. Fees of Secretary of State. The Secretary of State shall charge and collect fees for filing documents and issuing certificates in amounts equal to those provided by Section 22-1602 of the Georgia Business Corporation Code, as now in effect or as hereafter amended."

Section 8. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act,

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GENERAL ACTS AND RESOLUTIONS, VOL. I

which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 10. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved February 19, 1980.

CONTROLLED SUBSTANCES THERAPEUTIC RESEARCH ACT.
Code Title 84 Amended.
No. 710 (House Bill No. 1077).
AN ACT
To amend Code Title 84, relating to professions, businesses, and trades, as amended, so as to establish and provide for the administration of a controlled substances therapeutic research program; to provide for a short title; to provide for legislative findings and intent; to provide for definitions; to provide for certain duties of the Composite State Board of Medical Examiners and for certain protocols, guidelines, rules, and regulations thereof; to provide for participants in the program; to provide for disclosure, costs, and confidentiality; to provide for a Patient Qualification Review Board and its members, meetings, organization, expenses and allowances, and duties; to provide for obtaining and distributing marijuana for research purposes; to provide immunity from state prosecution for use of marijuana authorized under the research program; to provide

GEORGIA LAWS 1980 SESSION

83

for enforcement and punishment for certain unauthorized uses of marijuana; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Title 84, relating to professions, businesses, and trades, as amended, is hereby amended by adding after Code Chapter 84-9, relating to medical practitioners, a new Code Chapter 849A to read as follows:

"CHAPTER 84-9A Controlled Substances Therapeutic
Research Act
84-901 A. Short title. This Code chapter shall be known and may be cited as the `Controlled Substances Therapeutic Research Act.'
84-902A. Legislative intent. The General Assembly finds and declares that the potential medicinal value of marijuana has received insufficient study due to a lack of financial incentives for the undertaking of appropriate research by private drug manufacturing concerns. Individual physicians cannot feasibly utilize marijuana in clinical trials because of federal governmental controls which involve expensive, time-consuming approval and monitoring procedures.
The General Assembly further finds and declares that limited studies throughout the nation indicate that marijuana and certain of its derivatives possess valuable and in some cases unique therapeutic properties, including the ability to relieve nausea and vomiting which routinely accompany chemotherapy and irradiation used to treat cancer patients. Marijuana also may be effective in reducing intraocular pressure in glaucoma patients who do not respond well to conventional medications.
The General Assembly further finds and declares that, in enabling individual physicians and their patients to participate in a state sponsored program for the investigational use of marijuana and its derivatives, qualified physicians and surgeons throughout the

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GENERAL ACTS AND RESOLUTIONS, VOL. I

state will be able to study the benefits of the drug in a controlled clinical setting and additional knowledge will be gained with respect to dosage and effects.
It is the intent of the General Assembly in enacting this Code chapter to permit research into the therapeutic applications of marijuana and its derivatives in cancer and glaucoma patients. This would allow qualified physicians approved by the Patient Qualification Review Board to provide the drug on a compassionate basis to seriously ill persons suffering from the severe side effects of chemotherapy or radiation treatment and to persons suffering from glaucoma who are not responding to conventional treatment, which persons would otherwise have no lawful access to it. It is further the intent of the General Assembly to facilitate clinical trials of marijuana and its derivatives, particularly with respect to persons suffering from cancer and glaucoma who would be benefited by use of the drug.
This Code chapter is limited to clinical trials and research into therapeutic applications of marijuana only for use in treating glaucoma and in treating the side effects of chemotherapeutic agents and radiation and should not be construed as either encouraging or sanctioning the social use of marijuana. Nothing in this Code chapter shall be construed to encourage the use of marijuana in lieu of or in conjunction with other accepted medical treatment, but only as an adjunct to such accepted medical treatment.
84-903A. Definitions. As used in this Code chapter, unless the context otherwise clearly requires:
(1) `Composite board' means the Composite State Board of Medical Examiners established pursuant to Code Chapter 84-9, as now or hereafter amended.
(2) `Marijuana' means marijuana or tetrahydrocannabinol, as defined or listed in the `Georgia Controlled Substances Act,' as now or hereafter amended.
(3) `Physician' means a person licensed to practice medicine pursuant to Code Chapter 84-9, as now or hereafter amended.

GEORGIA LAWS 1980 SESSION

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(4) `Program' means the Controlled Substances Therapeutic Research Program established pursuant to Code Section 84904A.
(5) `Review board' means the Patient Qualification Review Board established pursuant to Code Section 84-905A.
84-904A. Program established, (a) There is established under the Composite State Board of Medical Examiners the Controlled Substances Therapeutic Research Program, which shall be administered by the composite board. Under the program, the composite board shall act as a sponsor of statewide investigational studies utilizing as drug investigators individual physicians who elect to participate in accordance with the guidelines and protocols developed by the composite board. Such guidelines and protocols shall be designed to insure that stringent security and record-keeping requirements for research drugs are met and that participants in the program meet those research standards necessary to establish empirical bases for the evaluation of marijuana as a medically recognized therapeutic substance. The composite board shall promulgate such rules and regulations as it deems necessary or advisable to administer the program. In promulgating such guidelines, protocols, rules, and regulations, the composite board shall take into consideration those pertinent rules and regulations promulgated by the Federal Drug Enforcement Agency, the Food and Drug Administration, and the National Institute on Drug Abuse.
(b) The program shall be limited to patients who are certified to the board by a physician as being:
(1) Cancer patients involved in a life-threatening situation in which treatment by chemotherapy or radiology has produced severe side effects, or
(2) Glaucoma patients who are not responding to conventional controlled substances.
(c) No patient may be admitted to the program without full disclosure by the physician of the experimental nature of the program and of the possible risks and side effects of the proposed treatment.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(d) The cost of any blood test required by the Federal Food and Drug Administration prior to entrance into the program shall be paid by the patient seeking entrance into the program.
(e) Only the following persons shall have access to the names and other identifying characteristics of patients in the program for whom marijuana has been prescribed under this Code chapter:
(1) The composite board;
(2) The review board;
(3) The Attorney General or his designee;
(4) Any person directly connected with the program who has a legitimate need for the information; and
(5) Any federal agency having responsibility for the program.
84-905A. Patient Qualification Review Board, (a) The composite board shall appoint the Patient Qualification Review Board. Each member of the review board shall be approved for such membership by a majority vote of the composite board and shall serve at the pleasure of the composite board. The review board shall be comprised of:
(1) A board certified physician in ophthalmology;
(2) A board certified physician in surgery;
(3) A board certified physician in internal medicine and medical oncology;
(4) A board certified physician in psychiatry;
(5) A board certified physician in radiology; and
(6) A pharmacist licensed under Code Title 79A, relating to pharmacists, pharmacy, and drugs, as now or hereafter amended.

GEORGIA LAWS 1980 SESSION

87

(b) The review board shall elect from its members a chairman and a vice chairman. The review board shall hold regular meetings at least once every 60 days and shall meet at such additional times as shall be called by the chairman of the review board or the president of the composite board. Each member of the review board shall receive for services for each day's attendance upon meetings of such board the same amount authorized by law for members of the General Assembly for attendance upon meetings of the General Assembly.
(c) The composite board shall adopt such rules and regulations as it deems necessary for the performance of the duties of the review board.
(d) The review board shall review all patient applicants for the program and their physicians and shall certify those qualified for their participation in the program. The review board shall additionally certify pharmacies which are licensed by the state and which are otherwise qualified, and physicians regarding the distribution of marijuana pursuant to the provisions of Code Section 84906A. Meetings of the review board to certify patients, physicians, or pharmacies shall not be open to the public, as otherwise required by an Act providing for open meetings, approved March 28, 1972 (Ga. Laws 1972, p. 575), as now or hereafter amended.
84-906A. Distribution, (a) The composite board shall apply to contract with the National Institute on Drug Abuse for receipt of marijuana pursuant to the provisions of this Code chapter and pursuant to regulations promulgated by the National Institute on Drug Abuse, the Food and Drug Administration, and the Federal Drug Enforcement Agency.
(b) The composite board shall cause marijuana approved for use in the program to be transferred to a certified pharmacy, licensed by the state for distribution to the certified patient by a licensed pharmacist upon a written order for research medication of the certified physician, pursuant to this Code chapter. Any reasonable costs incurred by the composite board in obtaining or testing marijuana shall be charged to participating physicians who may seek reimbursement from their research subjects utilizing the marijuana.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

84-907A. Certain uses of marijuana not unlawful. Patient participants in the program are immune from state prosecution for possession of marijuana authorized such persons by this Code chapter and under the program herein established. A person authorized under this program shall not possess an amount of marijuana in excess of the amount prescribed under the authority of this Act. The amount prescribed shall be maintained in the container in which it was placed at the time the prescription was filled. Physician, pharmacy, and pharmacist participants in the program are immune from state prosecution for possession, distribution, and any other use of marijuana, which use is authorized such persons by this Code chapter and under the program herein established. Any such possession, distribution, or other use not authorized by this Code chapter and the program herein established shall be enforced and punished as provided in Code Title 79A, relating to pharmacists, pharmacy, and drugs, as now or hereafter amended."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved February 22, 1980.

SECRETARY OF STATE -- EMPLOYMENT OF COMPILER OF GEORGIA LAWS.
No. 711 (House Bill No. 1672).
AN ACT
To amend an Act authorizing the Secretary of State to employ a person or persons to compile the Acts and Resolutions of the General Assembly, approved March 19, 1943 (Ga. Laws 1943, p. 406), as amended by an Act approved March 17, 1960 (Ga. Laws 1960, p. 1098), so as to change the maximum amount to be paid to such

GEORGIA LAWS 1980 SESSION

89

person or persons; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act authorizing the Secretary of State to employ a person or persons to compile the Acts and Resolutions of the General Assembly, approved March 19, 1943 (Ga. Laws 1943, p. 406), as amended by an Act approved March 17, 1960 (Ga. Laws 1960, p. 1098), is hereby amended by striking from paragraph G of Section 1 the following:
"$2,000.00",
and inserting in lieu thereof the following:
"$4,000.00",
so that when so amended paragraph G of Section 1 shall read as follows:
"G. It shall be the duty of the Secretary of State to employ a competent person or persons to compile the Acts and Resolutions of the General Assembly of Georgia, and such person or persons compiling such Acts and Resolutions shall be paid, out of the funds appropriated for the expenses of the General Assembly, such amount as may be agreed upon between such persons and the Secretary of State; provided, however, that such amount shall not in any event exceed the sum of $4,000.00. Notwithstanding any law previously or hereinafter enacted to the contrary the Secretary of State is empowered to employ and the person or persons so selected are authorized to accept such employment although they are otherwise employees of the Legislative, Judicial or Executive branch of State government."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved February 22, 1980.

90

GENERAL ACTS AND RESOLUTIONS, VOL. I

DEPARTMENT OF ADMINISTRATIVE SERVICES PURCHASE, TRANSFER, ETC. OF STATE PROPERTY.
No. 712 (Senate Bill No. 418).
AN ACT
To amend an Act relating to the Department of Administrative Services and matters concerning said department, which matters formerly appertained to the supervisor of purchases and the State Purchasing Board, approved March 29, 1937 (Ga. Laws 1937, p. 503), as amended, particularly by an Act approved March 16, 1978 (Ga. Laws 1978, p. 1054), an Act approved March 6, 1979 (Ga. Laws 1979, p. 352), and an Act approved April 12, 1979 (Ga. Laws 1979, p. 659), so as to amend the dollar limit on purchases made directly by state departments, agencies, and instrumentalities; to provide for the taking of competitive sealed proposals; to provide for the acquisition of and transfer of title on certain pieces of equipment; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act relating to the Department of Administrative Services and matters concerning said department, which matters formerly appertained to the supervisor of purchases and the State Purchasing Board, approved March 29, 1937 (Ga. Laws 1937, p. 503), as amended, particularly by an Act approved March 16, 1978 (Ga. Laws 1978, p. 1054), an Act approved March 6, 1979 (Ga. Laws 1979, p. 352), and an Act approved April 12, 1979 (Ga. Laws 1979, p. 659), is hereby amended by adding following Section 2.1 a new Section 2.2 to read as follows:
"Section 2.2. (a) The purchasing and supplies division of the Department of Administrative Services is hereby authorized to make

GEORGIA LAWS 1980 SESSION

91

transfers of title of personal property titled in the name of any department, agency, or institution of the state to private individuals, corporations, or firms for the purpose of effectuating lease purchases of such property between the owning department, agency, or institution and such private individuals, corporations, or firms. Said transfers of title shall be made only in conjunction with the execution of a lease purchase agreement between an agency, department, or institution of the state and the transferee acquiring title, and such agreement shall be consummated on the standard agreement form developed pursuant to Section 2.1.
(b) The departments, agencies, and institutions of the state are authorized to accept the title to property subject to a contract for lease purchase or installment purchase upon execution of the aforementioned standard agreement by the Department of Administrative Services; and the purchasing and supplies division of the department is authorized to transfer title back to the vendor in the name of such department, agency, or institution in the event that the agreement is not fully consummated."
Section 2. Said Act is further amended by striking from Section 6 the following:
"If the total requirement of any given commodity will involve an expenditure in excess of $5,000, sealed bids shall be solicited by advertisement in a newspaper of Statewide circulation at least once and at least ten days prior to the date fixed for opening of the bids and awarding of the contract: Provided, other methods of advertisements may be adopted by the Department of Administrative Services, when such other method is deemed more advantageous for the particular item to be purchased. Regardless of the amount of expenditure, it shall be the duty of the Department of Administrative Services to solicit bids direct by mail from reputable owners of supplies.",
and substituting in lieu thereof the following:
"Except as otherwise set out in this section, if the total requirement of any given commodity will involve an expenditure in excess of $5,000.00, sealed bids shall be solicited by advertisement in a newspaper of state-wide circulation at least once and at least ten days prior to the date fixed for opening of the bids and awarding of

92

GENERAL ACTS AND RESOLUTIONS, VOL. I

the contract. Other methods of advertisement, however, may be adopted by the Department of Administrative Services when such other methods are deemed more advantageous for the particular item to be purchased. In any event, it shall be the duty of the Department of Administrative Services to solicit bids direct by mail from reputable owners of supplies in all cases where the total requirement will exceed $5,000.00. When it appears that the use of competitive sealed bidding is either not practicable or not advantageous to the state, a contract may be entered into by competitive sealed proposals, subject to the following conditions: (1) This method of solicitation shall only be used after a determination by the Department of Administrative Services, in writing, that the use of competitive sealed bidding is not practicable or is not advantageous to the state. (2) Proposals shall be solicited through a request for proposals. (3) Adequate public notice of the request for proposals shall be given in the same manner as provided for above referring to competitive sealed bidding. (4) Proposals shall be opened in the same manner as competitive sealed bids. A register of proposals shall be prepared and made available for public inspection. (5) The request for proposals shall state the relative importance of price and other evaluation factors. (6) As provided in the request for proposals and under regulations to be developed by the Department of Administrative Services, discussions may be conducted with responsible offerors who submit proposals determined to be reasonably susceptible of being selected for award for the purpose of clarification to assure full understanding of and responsiveness to the solicitation requirements. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals; and such revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final offers. In conducting discussions there shall be no disclosure of any information derived from proposals submitted by competing offerors. (7) Award shall be made to the responsible offeror whose proposal is determined in writing to be the most advantageous to the state, taking into consideration price and the evaluation factors set forth in the request for proposals. No other factors or criteria shall be used in the evaluation. The contract file shall contain the basis on which the award is made."
Section 3. Said Act is further amended by adding immediately before the last sentence of the first unnumbered paragraph of Section 6 the following:

GEORGIA LAWS 1980 SESSION

93

"Prospective suppliers may be prequalified for particular types of supplies, services, goods, materials, and equipment, at the discretion of the Department of Administrative Services. Solicitation mailing lists of potential contractors shall include, but shall not be limited to, such prequalified suppliers. Award of contracts, however, may be conditioned upon such prequalification."
Section 4. Said Act is further amended by striking the third unnumbered paragraph of Section 6 which reads as follows:
"The Commissioner of the Department of Administrative Services may by rule and regulation authorize the various State departments, agencies and instrumentalities to make purchases in their own behalf which do not exceed $500 and may provide the circumstances and conditions under which such purchases may be effected.",
and substituting in lieu thereof the following language:
"The Department of Administrative Services may by rule and regulation authorize the various state departments, agencies, and instrumentalities to make purchases in their behalf which do not exceed $5,000.00, and may provide the circumstances and conditions under which said purchases may be effected."
Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved February 29, 1980.

94

GENERAL ACTS AND RESOLUTIONS, VOL. I

STATE EMPLOYEES' HEALTH INSURANCE PLAN AMENDED.
No. 717 (Senate Bill No. 474).
AN ACT
To amend an Act providing for a health insurance plan for state employees, approved March 16, 1961 (Ga. Laws 1961, p. 147), as amended, so as to provide for the continuance, discontinuance, or resumption of health insurance coverage for the surviving spouse and covered dependents of an employee who dies after retirement; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia;
Section 1. An Act providing for a health insurance plan for state employees, approved March 16, 1961 (Ga. Laws 1961, p. 147), as amended, is hereby amended by adding a new subsection at the end of Section 8A, to be designated subsection (c), to read as follows:
"(c) The surviving spouse and covered dependents of any retired employee who are included in the contract or contracts for health insurance coverage under the provisions of this Act shall be eligible to continue such coverage after the death of the retired employee upon agreeing to pay employee premiums for such coverage in accordance with the rules and regulations of the board. The board is hereby authorized and directed to promulgate and adopt rules and regulations governing the continuance, discontinuance, or resumption of coverage by any such surviving spouse and covered dependents. The provisions of this subsection shall not apply unless the parties have been married at least one full year prior to the death of the retired employee and shall cease for the covered spouse upon the occurrence of any event other than the death of the retired employee which would render the surviving spouse ineligible under the contract for continued coverage. For purposes of the immediately preceding sentence relating to covered spouses, the remarriage of the spouse shall be considered to be the same as a divorce from the retired employee for purposes of determining the spouse's eligibility.''

GEORGIA LAWS 1980 SESSION

95

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 3, 1980.

DEPARTMENT OF NATURAL RESOURCES - USE OF FUNDS, BAG LIMITS ON DEER.
Code Sections 45-114, 45-513 Amended.
No. 718 (Senate Bill No. 562).
AN ACT
To amend Code Section 45-114 relating to disposition of funds, so as to authorize the Department of Natural Resources to retain miscellaneous funds generated in the operation of its wildlife management areas and refuges and its public fishing areas; to amend Code Section 45-513, relating to hunting seasons and bag limits, so as to change the bag limits on deer; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 45-114, relating to the disposition of funds resulting from the operation of the department, is hereby amended by adding after subsection (b) thereof, a new subsection (c) to read as follows:
"(c) Notwithstanding any other provision of law, the Department is hereby authorized to retain all miscellaneous funds generated by the operation of its wildlife management areas and refuges and its public fishing areas, for use in the operation and maintenance of said areas and refuges. Any such funds not expended for

96

GENERAL ACTS AND RESOLUTIONS, VOL. I

said purpose in the fiscal year in which they are generated shall be deposited in the State Treasury. Provided, however, nothing in this Section shall be construed so as to allow the Department to retain any funds required by the Constitution to be paid into the State Treasury. Provided further, that the Department shall comply with all provisions of the Budget Act (Ga. Laws 1962, p. 17 et seq.), as amended, except Code Section 40-423, prior to expending any such miscellaneous funds."
Section 2. Code Section 45-513, relating to hunting seasons and bag limits, is hereby amended by striking in its entirety subsection (b) thereof and substituting in lieu thereof a new subsection (b) of Code Section 45-513 to read as follows:
"(b) It shall be unlawful to hunt the following game species at any time during the period set forth below, except that it shall not be unlawful to hunt the following game species during such periods or portions thereof, and in such number not to exceed the following numbers, as may be designated by the Board as open seasons and bag limits for such species.

(1) Quail

Nov. 19 - March 15

(2) Grouse

Oct. 15 - Feb. 29

(3) Turkey gobblers
(4) Deer (5) Bobcat
(6) Opossum

March 15 - May 5
Sept. 15 - Jan. 15 Oct. 15 - Feb. 29
(A) Oct. 15 Feb. 29, for that area north of and including Haralson, Paulding, Bartow,

Daily Season

12

No

limit

No limit

No limit

No limit

GEORGIA LAWS 1980 SESSION

(7) Rabbit

Cherokee, Forsyth, Hall, Banks, Franklin and Hart; and (B)Jan.1 Dec. 31 for the remainder of the State
Nov. 19 - Feb. 29

No limit
10

(8) Raccoon

(A) Oct. 15 Feb. 29, for that area north of and including Carroll, Fulton, Gwinnett, Barrow, Clarke, Oglethorpe, Taliaferro, Wilkes, and Lincoln; and (B)Jan. 1 Dec. 31 for the remainder of the State

No limit

(9) Squirrel

Sept. 15 - Feb. 29

10

(10) Fox
(11) Migratory game birds
(12) Bear 4

Jan. 1 - Dec. 31 Sept. 1 - March 10

No limit
No limit

Sept. 15 - Jan. 15

97
No limit
No limit
No limit
No limit No limit No limit
1".

98

GENERAL ACTS AND RESOLUTIONS, VOL. I

Section 3. Section 1 of this Act shall become effective February 1, 1981. Section 2 of this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 4, 1980.

SUPPLEMENTAL APPROPRIATIONS ACT.
No. 719 (House Bill No. 1203).
AN ACT
To amend an Act providing appropriations for the fiscal year 1979-80, known as the "General Appropriations Act," approved April 25, 1979 (Ga. Laws 1979, p. 1427), so as to change certain appropriations for the fiscal year 1979-80; to make language and other changes; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing appropriations for the fiscal year 1979-80, known as the "General Appropriations Act," approved April 25, 1979 (Ga. Laws 1979, p. 1427), is hereby amended by striking Federal Revenue Sharing Funds of $25,500,000 for fiscal year 1980 in the first paragraph following the enacting clause and substituting in lieu thereof a new Federal Revenue Sharing figure of $50,999,999.63 for fiscal 1980 and by striking the revenue estimate figure of $2,623,000,000 for fiscal year 1980 in the first paragraph following the enacting clause and substituting in lieu thereof a new revenue estimate of $2,711,000,000 for fiscal year 1980, and by striking the following:

GEORGIA LAWS 1980 SESSION

99

"PART I. LEGISLATIVE BRANCH",

and Sections 1 through 67, and inserting in lieu thereof the following:

"PART I LEGISLATIVE BRANCH

Section 1. Legislative Branch. Budget Unit: Legislative Branch 1. Operations
Total Funds Budgeted State Funds Budgeted

$ 12.170.000 $ 10.670.000 $ 10,670,000 $ 10,670,000

2. For Election Blanks and Other Election Expenses
Total Funds Budgeted State Funds Budgeted

$ 1,500,000 $ 1,500,000 $ 1,500,000

Budget Unit Object Classes: Operations Election Blanks and Other Election Expenses

$ 10,670,000 $ 1,500,000

For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the National Conference of Commissioners on Uniform State Laws; for membership in the Council of State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legislative organizations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other Compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and

100

GENERAL ACTS AND RESOLUTIONS, VOL. I

other facilities for the Legislative Branch; for the Legislative Services Committee, the Office of Legislative Counsel and the Office of Legislative Budget Analyst; for the operation of the Georgia Educational Improvement Council; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for the annual report of the State Auditor to the General Assembly; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; for costs of the Georgia Official and Statistical Register; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.

The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs which are paid for from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid for from other appropriations.

Section 2. Department of Audits.

Budget Unit: Department of Audits

$

3,765,732

GEORGIA LAWS 1980 SESSION

101

1. Operations

$

Total Funds Budgeted

$

State Funds Budgeted

$

2. Tax Ratio Study

$

Total Funds Budgeted

$

State Funds Budgeted

$

Budget Unit Object Classes:

Operations

$

Tax Ratio Study

$

Authorized Motor Vehicles

Total Positions Budgeted

PART ii. JUDICIAL BRANCH

Section 3. Supreme Court.

Budget Unit: Supreme Court

$

For the cost of operating the Supreme Court of the State of Georgia, including salaries of Justices and the employees of the Court, their retirement contributions and for the Emeritus Judges of the Court. Provided, however, that the listed appropriation shall be increased by the amount of $12,000 per annum for each additional Emeritus position established during the fiscal year. Provided, however, that the sum of $7,500 shall be allocated for the payment of attorneys' fees and legal expenses for indigent defendants in criminal cases on appeal as provided in Georgia Laws 1953, Nov.-Dec. Session, pp. 478-481.

Provided, however, that the sum of $10,500 shall be allocated for the cost of Georgia's pro rata share for the operation of the National Center for State Courts.

Total Positions Budgeted

3,415,732 3,415,732 3,415,732
350,000 350,000 350,000 3,415,732 350,000
22 137
1,756,600
56

102

GENERAL ACTS AND RESOLUTIONS, VOL. I

Section 4. Superior Courts. Budget Unit: Superior Courts

$ 12,987,161

For the cost of operating the Superior Courts of the State of Georgia, including payment of Judges' salaries, contingent expense allowances authorized by law, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law.

For payment of salaries, the payment of mileage and other expenses as may be authorized by law for the District Attorneys, Assistant District Attorneys, and District Attorneys Emeritus.

For the cost of operating the Judge Sentence Review Panel as created by 1974 Georgia Laws, p. 358.

Provided, however, that the listed appropriation shall be increased by the amount of $27,078 per annum for each additional Judge Emeritus position established during the fiscal year, and by the amount of $ 17,000 per annum for each additional District Attorney Emeritus position established during the fiscal year.

Provided, further, that the listed appropriation shall be increased by the amount of $80,000 per annum for each judgeship created by law during the 1980 session of the General Assembly.

Provided, that of the above appropriation relating to Superior Courts, $314,796 is designated and committed for the Prosecuting Attorneys' Council for operations and $58,521 is designated and committed for the Sentence Review Panel.

Provided, however, of the above appropriation $10,000 is designated and committed to attend the judicial college for judges with less than five years' experience.

GEORGIA LAWS 1980 SESSION

103

Total Positions Budgeted

Section 5. Court of Appeals.

Budget Unit: Court of Appeals

$

For the cost of operating the State Court of Appeals, including salaries and retirement contributions of judges and employees of the Court and for the Emeritus Judges of the Court. Provided, however, that the listed appropriation shall be increased by the amount of $12,000 per annum for each additional Emeritus position established during the fiscal year.

Total Positions Budgeted

Section 6. Administrative Office of

the Court.

Budget Unit: Administrative Office

of the Court

$

Total Funds Budgeted

$

State Funds Budgeted

$

For the cost of operating the Administrative Offices of the Court.

Provided, however, of the above appropriation, $30,000 is designated and committed for funding of a Judicial College.

Section 7. Appellate Court Reports.

Budget Unit: Court Reports

$

For the cost of printing and distributing the reports of the Supreme Court and Court of Appeals.

Section 8. Judicial Qualifications

Commission. Budget Unit: Judicial Qualifications

Commission

$

411 1,880,000
58 721,571 1,412,098 721,571
130,000
41,000

104

GENERAL ACTS AND RESOLUTIONS, VOL. I

For the cost of operating the Judicial Qualifications Commission.

Section 9. Board of Court Reporting.

Budget Unit:

$

For the cost of operating the Board of Court Reporting.

10,555

Section 10. Council of Juvenile

Court Judges.

Budget Unit:

$

For the cost of operating the Council of Juvenile Court Judges.

78,905

Section 11. Georgia Justice Courts

Training Council.

Budget Unit:

$

For the cost of operating the Georgia Justice Courts Training Council.

20,000

Section 12. Georgia Indigent Defense Council.
Budget Unit:

$

250,000

For the cost of operating the Georgia Criminal Justice Defense Council.

It is the intent of this General Assembly that the State and Federal funds contemplated in this appropriation for Fiscal Year 1980 not be expended in such a manner as to create an obligation on the State for Fiscal Year 1981 in excess of $250,000.

PART III. EXECUTIVE BRANCH

Section 13. Department of Administrative

Services.

A. Budget Unit: Department of

Administrative Services

$ 26,940,351

GEORGIA LAWS 1980 SESSION

105

1. State Properties Commission Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

2. Departmental Administration Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Direct Payments to Georgia

Building Authority for

Capital Outlay

$

Direct Payments to Georgia

Building Authority for

Operations

$

Direct Payments to Georgia

Building Authority for

Authority Lease Rentals

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

164,574 11,208 3,767 5,300 800 2,500 -09,771 2,782 15,050
215,752 215,752
6
719,997 37,018 6,000 -05,700 2,570 -042,358 16,983 -0-
-0-
1,500,000
850,000 3,180,626 3,180,626
37

106

GENERAL ACTS AND RESOLUTIONS, VOL. I

3. Fiscal and Self-Insurance

Administration Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Workers' Compensation

$

State Liability Self-Insurance

Reserve

$

Unemployment Compensation Reserve ... $

Public Safety Officers

Indemnification Fund

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

934,468 60,694 22,000 -012,700 2,000
4,617,433 50,672 19,004 19,600
2,500,000
>-01,400,000
442,860 10,081,431
7,725,821 47

4. Central Supply Services Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases. .

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Materials for Resale

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

167,318 93,038
200 -0-
3,500 1,500
-054,100
5,020 700
3,650,000 3,975,376
-013

5. Procurement Administration Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

919,173 77,957 5,000

GEORGIA LAWS 1980 SESSION

107

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

6. General Services Administration

Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

7. Property Management

Administration Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Total Funds Budgeted

$

-029,500
1,850 208,375
57,294 31,527
-01,330,676 1,330,676
53
172,798 80,476
800 -0100
900 -0-
1,440 2,300
-0258,814 123,499
14
733,412 234,554
21,500 -0-
13,180 3,509
31,000 23,150 16,500 15,000 23,500 1,115,305

108

GENERAL ACTS AND RESOLUTIONS, VOL. I

State Funds Budgeted Total Positions Budgeted

$

363,977

57

8. Data Processing Services Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Rents and Maintenance Expense

$

Real Estate Rentals

$

Telecommunications

$

Payments to DOAS Fiscal

Administration

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

11,572,584 917,288 32,000 -017,100 116,376 229,000
9,540,413 1,009,378
267,685
2,243,396 1,477,145 27,422,365 9,000,000
696

9. Motor Pool Services Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

356,253 740,687
850 111 ,300
800 1,200 2,011
720 5,114
-01,218,935
-028

10. Communication Services Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

1,808,345 311,468 10,800 -050,000 12,100

GEORGIA LAWS 1980 SESSION

109

Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Telephone Billings Total Funds Budgeted State Funds Budgeted Total Positions Budgeted

$

64,000

$

59,390

$

1,000

$

10,000

$ 19,548,679

$ 21,875,782

$ 5,000,000

109

11. Printing Services Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

1,110,717 1,175,969
3,200 -0-0-
26,500 5,580
124,949 11,637 -0-
2,458,552 -076

Budget Unit Object Classes:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Rents and Maintenance Expense

$

Utilities

$

Workers' Compensation

$

Payments to DOAS Fiscal

Administration

$

18,659,639 3,740,357
106,117 116,600 133,380 171,005 5,157,399 1,433,222 379,552 1,537,495 9,540,413 23,500 2,500,000
2,243,396

110

GENERAL ACTS AND RESOLUTIONS, VOL. I

Direct Payments to Georgia

Building Authority for

Operations

$

Direct Payments to Georgia

Building Authority for

Capital Outlay

$

Direct Payments to Georgia

Building Authority for

Authority Lease Rentals

$

State Liability Self-Insurance

Reserve

$

Telephone Billings

$

Materials for Resale

$

Public Safety Officers

Indemnity Fund

$

Unemployment Compensation Reserve . . . $

Total Positions Budgeted

Authorized Motor Vehicles

1,500,000
-0-
850,000
-019,548,679 3.650.000
442,860 1.400.000
1,136 275

It is the intent of this General Assembly that otherwise unencumbered funds in the Public Safety Officers Indemnity Reserve on June 30, 1978, be utilized in Fiscal Year 1980 for the purr poses authorized in S. B. 36 of the 1978 Regular Session.

Provided, however, of the above appropriation relative to Unemployment Compensation, the Department is authorized to use $2,407 for payment of encumbrance generated before July 1, 1978.

It is the intent of this General Assembly that the Office of Planning and Budget and all other agencies of State government utilize federal funds wherever possible in connection with Workers' Compensation and Unemployment Compensation payments, and that no such payments shall be made to or on behalf of anyone other than bona fide State employees.

GEORGIA LAWS 1980 SESSION

111

It is the intent of this General Assembly that income to the Department of Administrative Services from user agencies shall not exceed the maximum amounts listed below for each service activity:

General Services Data Processing Service Motor Pool Service Communication Services Printing Services Central Supply Services Total

$

258,814

$ 27,422,365

. $ 1,218,935

$ 21,875,782

$ 2,458,552

$ 3,975,376

$ 57,209,824

except to provide general salary increases authorized for all State employees, or unless there is a corresponding fund availability, with prior budgetary approval, in the appropriate object class or classes of user agency or agencies for which the Department provides service.

Provided further, the State Auditor shall report any exceptions or violations of this intent in his annual financial audit of the Department of Administrative Services.

Provided, it is the intent of this General Assembly that the Department shall not purchase, lease, or lease-purchase any additional computer hardware other than that which is authorized in this appropriations Act, unless funds are available for this purpose in the user agencies.

B. Budget Unit: Georgia Building

Authority

$

Georgia Building Authority Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges. . .

.....$

-0-
7,200,833 1,916,211
2,900 5,500 10,000 63,000
i-0-

112

GENERAL ACTS AND RESOLUTIONS, VOL. I

Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Capital Outlay Authority Lease Rentals Utilities Facilities Renovations & Repairs Total Funds Budgeted State Funds Budgeted Total Positions Budgeted

$

-0-

$

40.000

$

77.000

$ 1,438,700

$ 1,339,566

$ 3,162,000

$

-0-

$ 15,255,710

$

-0-

419

Budget Unit Object Classes:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Capital Outlay

$

Authority Lease Rentals

$

Utilities

$

Facilities Renovations and Repairs

$

Total Positions Budgeted

Authorized Motor Vehicles

7,200,833 1,916,211
2,900 5,500 10,000 63.000
-0-040.000 77.000 1,438,700 1,339,566 3,162,000 -0419 39

The Authority is authorized to increase the amount budgeted for Facilities Renovations and Repairs by such amounts as are approved for other Agencies or Authorities of the State by the Office of Planning and Budget, and by such amounts as are received from other sources for renovations or repairs.

Provided that of the above appropriation $300,000 is designated and committed for a Public Safety Training Academy, the location to be approved by no less than eleven (11) members of the Fiscal Affairs subcommittees of the House of Representatives and the State Senate.

GEORGIA LAWS 1980 SESSION

113

Section 14. Department of Agriculture.

A. Budget Unit: Department of

Agriculture

$

1. Plant Industry Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Capital Outlay

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

2. Animal Industry Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Athens Veterinary Laboratory

Contract

$

Tifton Veterinary Laboratory

Contract

$

Poultry Veterinary Diagnostic

Laboratories in Canton, Dalton,

Douglas, Oakwood, Royston,

Statesboro and Tifton

$

Veterinary Fees

$

Research Contract with Georgia

Institute of Technology

$

17,985,772
2,726,887 211,125 122,750 38,000 23,000 43,100 -01,980 28,675 500 175,000
3,371,017 2,923,367
182
840,187 93,488 32,000 5,100 5,300 3,300 -0-044,743 -0-
313,937
530,070
803,000 525,000
165,000

114

GENERAL ACTS AND RESOLUTIONS, VOL. I

Contract with University of

Georgia to Study Avian Disease

$

Indemnities

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

3. Marketing Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Advertising

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

4. Major Markets Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . t . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Repairs to Major and

Minor Markets

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

211,358 75,000
3,647,483 3,346,099
53
690,734 149,372 30,250 20,400
5,600 2,000
-0-036,184 37,100 35,000 1,006,640 1,001,140 41
1,488,639 780,088 14,400 27,100 40,600 11,775, -0-026,740 43,000
600,000 3,032,342 1,046,987
115

GEORGIA LAWS 1980 SESSION

115

5. General Agricultural Field

Forces Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

6. Internal Administration Budget:

Personal Services

$

Regular Operating Expenses

. $

Travel

$

Motor Vehicle Equipment Purchases . ... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Atlanta Council for

International Visitors

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

7. Information and Education Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

1,617,770 85,480 171,000 35,700 1,300 1,000 -03,300 17,700 -0-
1,933,250 1,933,250
117
958,446 93,665 17,000 11,600 8,650 2,800
270,413 478,596
31,700 750
-01,873,620 1,833,876
51
101,989 12,144 1,000 -0-
297,000 -0-0-0-

116

GENERAL ACTS AND RESOLUTIONS, VOL. I

Telecommunications

$

Per Diem, Fees and Contracts

$

Market Bulletin Postage

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

8. Fuel and Measures Standards

Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

9. Consumer Services Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

10. Consumer Protection Field

Forces Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

5,000 -0-
302,000 719,133 719,133
8
963,237 150,721
75,200 44,600
2,400 37,800
-0-012,700 -01,286,658 1,284,158 71
503,666 52,961 13,000 25,500 10,000 1,000 -0-025,644 1,000
632,771 632,771
31
2,290,284 87,108
128,000

GEORGIA LAWS 1980 SESSION

117

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

11. Meat Inspection Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

12. Fire Ant Control Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Purchase of Bait

and Airplane Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

' Total Positions Budgeted

32,500 8,350 5,000 -05,220
23,400 -0-
2,579,862 2,010,974
141
2,149,952 49,899 167,500 15,300 2,300 1,100 -0-016,600 89,000
2,491,651 1,020,517
132
-0-0-0-0-0-0-0-0-0-0-
-0-0-0-
0

118

GENERAL ACTS AND RESOLUTIONS, VOL. I

13. Georgia Agrirama Development Authority Budget:
Direct Payments to Georgia Agrirama Development Authority for Operations
Total Funds Budgeted State Funds Budgeted Total Positions Budgeted

$

233,500

$

233,500

$

233,500

0

Budget Unit Object Classes:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases.

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts . .

$

Capital Outlay

$

Market Bulletin Postage

$

Purchase of Bait

and Airplane Contracts

$

Athens Veterinary Laboratory

Contract

$

Tifton Veterinary Laboratory

Contract

$

Poultry Veterinary Diagnostic

Laboratories in Canton, Dalton,

Douglas, Oakwood, Royston

Statesboro and Tifton

$

Veterinary Fees

$

Research Contract with Georgia

Institute of Technology

$

Contract with University of

Georgia to Study Avian Disease

$

Indemnities

$

Advertising Contract

$

Direct Payments to Georgia

Agrirama Development Authority

for Operations

$

14,331,791 1,766,051 772,100 255,800 404,500 108,875 270,413 489,096 269,086 171,350 175,000 302,000
-0-
313,937
530,070
803,000 525,000
165,000
211,358 75,000 35,000
233,500

GEORGIA LAWS 1980 SESSION

Repairs to Major and

Minor Markets

$

Atlanta Council for

International Visitors

$

Total Positions Budgeted

Authorized Motor Vehicles

Provided, that of the above appropriation relative to Regular Operating Expenses, $50,000 is designated and committed for livestock and poultry shows relating to research and promoting.

Provided, that of the above appropriation, the Department is authorized and directed to notify dairy farmers of milk-sample test results after each test.

Provided, that of the above appropriation relating to Repairs to Major and Minor Markets, no expenditure shall be made without prior approval of the Georgia Building Authority (Markets).

B. Budget Unit: Georgia Agrirama

Development Authority

$

Georgia Agrirama Development

Authority Budget:

Personal Services . . . .

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Capital Outlay

;

$

Goods for Resale

$

Sales Tax

$

Total Funds Budgeted

$

119
600,000 -0-
942 228
-0-
289,922 76,382 5,175 -014,848 8,599 -0-04,200 19,444 77,403 61,860 7,760
565,593

120

GENERAL ACTS AND RESOLUTIONS, VOL. I

State Funds Budgeted

$

Total Positions Budgeted

Budget Unit Object Classes:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Capital Outlay

$

Sales Tax

$

Goods for Resale

$

Total Positions Budgeted

Authorized Motor Vehicles

Provided, the Authority is hereby authorized to budget additional agency income for the purpose of providing a retirement plan for its employees.

Section 15. Department of Banking

and Finance.

Budget Unit: Department of Banking

and Finance. .

$

Administration and Examination Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

-022
289,922 76,382 5,175 -014,848 8,599 -0-04,200 19,444 77,403 7,760 61,860 22 5
2,417,613
1,869,481 66,394
267,208 91,000 12,136 12,915 11,950 57,700 18,329 10,500
2,417,613

GEORGIA LAWS 1980 SESSION

121

State Funds Budgeted Total Positions Budgeted

$ 2,417,613 92

Budget Unit Object Classes:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Positions Budgeted

Authorized Motor Vehicles

1,869,481 66,394
267,208 91,000 12,136 12,915 11,950 57,700 18,329 10,500 92 14

Section 16. Department of Community

Affairs.

A. Budget Unit: Department of

Community Affairs

$ ,^>37464,0^4

1. Executive Office and Administrative

Support:

Personal Services

$

372,664

Regular Operating Expenses

$

31,125

Travel

$

9,300

Motor Vehicle Equipment Purchases .... $

5,600

Publications and Printing

$

9,500

Equipment Purchases

$

22,295

Computer Charges

$

-0-

Real Estate Rentals

$

32,315

Telecommunications

$

3,340

Per Diem, Fees and Contracts

$

18,500

Capital Felony Expenses

$

50,000

Local Assistance Grants

$

525,000

Total Funds Budgeted

$ 1,079,639

State Funds Budgeted

$

986,917

Total Positions Budgeted

18

2. Technical Assistance: Personal Services Regular Operating Expenses

$

433,484

$

12,358

122

GENERAL ACTS AND RESOLUTIONS, VOL. I

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

3. Planning and Programming:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Grants to Area Planning and

Development Commissions

$

HUD 701 Planning Grants

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

4. Housing and Codes:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

33,250 -0-
4,150 300
2,850 29,900 13,050 11,150 540,492 466,105
21
313,923 7,325 8,500 -01,500 200 -0-07,900 1,240
1,350,000 863,412
2,554,000 1,461,109
13
288,270 8,606
13,460 -0-
3,950 6,520 2,500 16,245 9,369 2,000 350,920

GEORGIA LAWS 1980 SESSION

123

State Funds Budgeted

$

Total Positions Budgeted

5. Program Development Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing . . .

$

Equipment Purchases.

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem,'Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

Budget Unit Object Classes:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Capital Felony Expenses

$

Grants to Area Planning and

Development Commissions

$

HUD 701 Planning Grants

$

Local Assistance Grants

$

Total Positions Budgeted

Authorized Motor Vehicles

B. Budget Unit: State Building

Administrative Board

$

State Building Administrative

Board Budget:

Personal Services

$

Regular Operating Expenses

$

315,920 16
169,491 8,900
20,000 -0-
1,500 -0-0-0-
6,600 150,942 357,433 234,043
7
1,577,832 68,314 84,510 5,600 20,600 29,315 5,350 78,460 40,259 183,832 50,000
1,350,000 863,412 525,000 75 2
114,830
88,830 2,370

124

GENERAL ACTS AND RESOLUTIONS, VOL. I

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

Budget Unit Object Classes:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals .

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Positions Budgeted

Authorized Motor Vehicles

C. Budget Unit: State Crime Commission. . $

1. State Crime Commission Planning

and Grant Administration Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

5,000 -0-
6,000 300 -0-
5,240 900
18,500 127,140 114,830
5
88,830 2,370 5,000 -06,000 300 -05,240 900
18,500 5 0
560,555
570,863 29,897 17,335 10,600 18,900 500 50,075 35,735 16,760 14,500
765,165 243,863
26

GEORGIA LAWS 1980 SESSION

125

2. LEAA Grants Budget: LEAA State Buy In - Carry Forward LEAA Juvenile Justice LEAA Action Local LEAA Action State LEAA Planning Total Funds Budgeted State Funds Budgeted Total Positions Budgeted

$

10,815

$ 1,520,000

$ 5,260,000

$ 3,172,339

$

622,400

$ 10,585,554

$

286,200

0

3. Juvenile Justice Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

83,685 2,582 3,000 -01,000 -0-03,346 1,620 6,500
101,733 30,492
4

Budget Unit Object Classes:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

LEAA Action Local

$

LEAA Action State

$

LEAA Planning

$

LEAA Juvenile Justice

$

654,548 32,479 20,335 10,600 19,900 500 50,075 39,081 18,380 21,000
5,260,000 3,172,339
622,400 1,520,000

126

GENERAL ACTS AND RESOLUTIONS, VOL. I

LEAA State Buy In - Carry

Forward

$

Total Positions Budgeted

Authorized Motor Vehicles

For general administrative cost of operating the State Crime Commission Office, including the State `buy-in' for Law Enforcement Assistance Agency grants to local governmental units.

Provided, further, that the State Crime Commission is authorized to reprogram surplus LEAA funds with prior approval by the Fiscal Affairs Subcommittees.

D. Budget Unit: Georgia Residential

Finance Authority

$

Georgia Residential Finance

Authority Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Rental Assistance Payments

$

Grants to Housing Sponsors

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

Authorized Motor Vehicles

Budget Unit Object Classes:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

10,815 30 2
-0-
701,914 94.000 52.000 15,900 24,700 18,050 62,381 61,630 36,620 99,880
4,930,800 616,250
6,714,125 -038 0
701,914 94.000 52.000 15,900 24,700 18,050

GEORGIA LAWS 1980 SESSION

127

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Rental Assistance Payments

$

Grants to Housing Sponsors

$

Total Positions Budgeted

Authorized Motor Vehicles

Section 17. Office of Comptroller

General.

Budget Unit: Office of Comptroller

General

$

1. Internal Administration Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

2. Insurance Regulation Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts .

$

Computer Equipment and

Feasibility Study

$

Total Funds Budgeted

$

62,381 61,630 36,620 99,880 4,930,800 616,250
38 0
4,176,181
378,607 58,704 5,200 -06,600 -0-0-013,083 1,000
463,194 451,819
21
743,179 30,499 5,480 -025,100 2,150 36,200 18,816 24,768 5,000
-0891,192

128

GENERAL ACTS AND RESOLUTIONS, VOL. I

State Funds Budgeted

$

Total Positions Budgeted

3. Industrial Loans Regulation

Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

4. Information and Enforcement

Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

5. Fire Safety and Mobile Home

Regulation Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

891,192 44
272,929 17,216 14,300 -03,200 775 -0-04,732 -0-
313,152 313,152
14
659,680 35,705 16,000 -03,400 775 -020,268 19,490 1,000
756,318 756,318
43
1,673,828 89,176
115,000 103,700
9,000 1,500

GEORGIA LAWS 1980 SESSION

129

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

Budget Unit Object Classes:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Computer Equipment and

Feasibility Study

$

Per Diem, Fees and Contracts

$

Total Positions Budgeted

Authorized Motor Vehicles

Section 18. Department of Defense.

Budget Unit: Department of Defense

$

1. Administration and Support of

State Militia Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Military Assistance to

Safety and Traffic Grant

$

Georgia Military Institute Grant

$

Civil Air Patrol Contract

$

Capital Outlay

$

-034,405 25,716
-02,052,325 1,763,700
103
3,728,223 231,300 155,980 103,700 47,300 5,200 36,200 73,489 87,789
-07,000
225 57
2,333,712
619,000 67,959 3,000 -023,000 5,675 -0-025,000 10,000
-018,000 25,000 10,000

130

GENERAL ACTS AND RESOLUTIONS, VOL. I

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

2. Civil Defense Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

3. Construction and Facilities

Maintenance Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Grants to National Guard Units

$

Capital Outlay

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

4. Disaster Preparedness and Recovery

Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

806,634 806,634
34
633,860 76,844 16,500 -06,000 5,500 -0-022,600 17,500
778,804 400,661
33
101,849 114,906
2,400 -0-0-
9,000 -0-] -0-0-
500 277,500 525,420 1,031,575 846,385
5
160,760 7,726 18,520 -0-

GEORGIA LAWS 1980 SESSION

131

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

5. Service Contracts Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

Budget Unit Object Classes:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Military Assistance to

Safety and Traffic Grant

$

National Guard Units Grants

$

Georgia Military Institute Grant

$

Civil Air Patrol Contract

$

1,500 -0-0-
3,600 3,795
-0195,901
-09
1,595,389 1,277,531
3,000 -0-0-0-0-0-
1,800 -0-
2,877,720 280,032 118
3,110,858 1,544,966
43,420 -0-
30,500 20,175
-03,600 53,195 28,000
-0277,500
18,000 25,000

132

GENERAL ACTS AND RESOLUTIONS, VOL. I

Capital Outlay Total Positions Budgeted Authorized Motor Vehicles

$

535,420

199

20

Section 19. State Board of Education -

Department of Education.

A. Budget Unit: Department of

Education

$1,126,064,093

1. Instructional Services Budget:

Personal Services

$ 2,280,526

Regular Operating Expenses

$

276,525

Travel

$

313,770

Motor Vehicle Equipment Purchases .... $

-0-

Publications and Printing

$

226,340

Equipment Purchases

$

42,657

Computer Charges

$

-0-

Real Estate Rentals

$

145,592

Telecommunications

$

153,339

Per Diem, Fees and Contracts

$

283,578

Utilities

$

18,760

Total Funds Budgeted

$ 3,741,087

Indirect GBA Rents

$

55,955

State Funds Budgeted

$ 1,466,208

Total Positions Budgeted

120

2. Governor's Honors Program Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts . . . .. $

Total Funds Budgeted

$

Indirect GBA Rents

$

State Funds Budgeted

$

Total Positions Budgeted

229,882 40,468 2,500 -02,500 1,000 -02,274 3,800
332,970 615,394
2,274 613,120
2

GEORGIA LAWS 1980 SESSION

133

3. Vocational and Adult

Education Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

4. Media Services Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Capital Outlay

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

5. Public Library Services Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

2,212,736 220,713 181,000 -076,791 5,424 -095,319 68,050
2,214,927 7,867
5,082,827 949,394 113
2,819,237 1,741,686
69,994 -0-
147,902 40,893
-07,458 64,019 208,130 298,636
-05,397,955 4,451,846
180
677,613 304,374
21,628 -0-
9,600 9,015
-0-

134

GENERAL ACTS AND RESOLUTIONS, VOL. I

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

6. State Administration Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

Indirect GBA Rents

$

State Funds Budgeted

$

Total Positions Budgeted

7. Administrative Services Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Total Funds Budgeted

$

Indirect DOAS Services Funding

$

Indirect GBA Rents

$

State Funds Budgeted

$

Total Positions Budgeted

97,218 29,750 107,450
7,390 1,264,038
716,098 49
849,286 98,746 66,931 -022,800 17,569 -0114,884 25,679 150,609
1,346,504 45,509
956,134 41
3,847,046 216,230 251,222 -0253,291 76,717
1,207,690 181,604 90,166 139,035 3,488
6,266,489 130,000 96,262
3,640,572 215

GEORGIA LAWS 1980 SESSION

135

8. Certification of Public

School Personnel Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

382,986 20,416 E200 -08,112 -0-022,074 15,816 200
450,804 432,401
29

9. Planning and Development Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

1,828,343 106,239 126,144 -076,364 10,580 -085,445 56,627
1,348,324 3,638,066 2,643,914
92

10. Local Programs Budget: Grants to School Systems for Authority Lease Rental Payments to Georgia Education Authority (Schools) Direct Grants to School Systems for Capital Outlay Purposes Cash Grants for Capital Outlay Authority Lease Rentals

$

-0-

$

624,243

$ 65,441,220

$

'0-

136

GENERAL ACTS AND RESOLUTIONS, VOL. I

APEG Grants: Salaries of Instructional Personnel (Sec. 10(a) (1) and 10(a) (2)) Salaries of Instructional Personnel (Sec. 5) Salaries of Student Supportive Personnel (Sec. 20 (a)) Salaries of Administrative and Supervisory Personnel (Sec. 21) Special Education Leadership Personnel (Sec. 21(c) (2)) Instructional Media (Sec. 13) Instructional Equipment (Sec. 14) Maintenance and Operation (Sec. 15) Sick and Personal Leave (Sec. 16) Travel (Sec. 17) Instructional Specialists (Sec. 12) Pupil Transportation Regular (Sec. 25) Pupil Transportation Special (Sec. 25) Isolated Schools Kindergarten Program Mid-Term Adjustment
Non-APEG Grants: Education of Children of Low-Income Families Driver Education Teacher Retirement Instructional Services for the Handicapped Preparation of Professional Personnel in Education of Handicapped Children Educational Training Services for the Mentally Retarded

$ 435,418,931 $ 67,899,366 $ 19,137,780

$ 52,898,872

$ 2,128,174 $ 16,869,699

$

655,898

$ 72,578,536

$ 5,270,457

$

743,350

$

-0-

$ 45,614,514

$ 5,368,877

$

277,188

$ 39,961,844

$

-0-

$ 81,285,228

$

-0-

$ 65,472,639

$ 20,223,947

$

117,904

$

-0-

GEORGIA LAWS 1980 SESSION

137

Tuition for the Multihandicapped
Severely Emotionally Disturbed
Compensatory Education Guidance, Counseling and
Testing School Library Resources
and Other Materials School Lunch (Federal) School Lunch (State) Supplementary Education
Centers and Services Staff Development Supervision and Assessment
of Students and Beginning Teachers and Performance Based Certification Cooperative Educational Service Agencies Superintendents' Salaries High School Program Area Vocational-Technical Schools Career Education Junior College Vocational Program Quick Start Program Comprehensive Employment and Training Vocational Research and Curriculum Adult Education Salaries and Travel of Public Librarians Public Library Materials Talking Book Centers Public Library Maintenance and Operation Public Library Construction Comprehensive Planning

$

622,000

$ 10,013,494 $ 12,746,747

$

-0-

$ 3,735,241 $ 109,097,600 $ 14,060,000

$ 3,251,210

$

980,000

$ 1,995,000

$ 2,853,449 $ 3,703,435 $ 20,995,224

$ 39,181,942

$

335,000

$ 1,050,357 $ 2,040,000

$ 3,595,000

$

730,000

$ 3,563,737

$ 3,362,056

$ 3,042,571

$

578,243

$ 1,817,508

$ 3,540,835

$

300,000

138

GENERAL ACTS AND RESOLUTIONS, VOL. I

Competency-Based High School Graduation Requirements
Vocational Special Disadvantaged
Instructional Aides Teacher Health Insurance Special Projects Nutritional Education Regional ITV Projects Basic Skills H. B. 95 Tax Rebate Indo-Chinese Refugee Area Vocational Technical
School Construction Total Funds Budgeted State Funds Budgeted Total Positions Budgeted
Budget Unit Object Classes: Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Publications and Printing Equipment Purchases Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Utilities Capital Outlay APEG Grants: Salaries of Instructional Personnel (Sec. 10(a) (1) and 10(a) (2)) Salaries of Instructional Personnel (Sec. 5) Salaries of Student Supportive Personnel (Sec. 20 (a))

$

250,000

$

521,970

$

-0-

$ 31,285,508

$

160,000

$

175,700

$

100,000

$

-0-

$ 75,000,000

$

-0-

$

875,000

$1,353,547,494

$1,110,194,406

0

$ 15,127,655 $ 3,025,397 $ 1,034,389

$

-0-

$

823,700

$

203,855

$ 1,207,690

$

751,868

$

507,246

$ 4,785,223

$

336,141

$

-0-

$ 435,418,931 $ 67,899,366 $ 19,137,780

GEORGIA LAWS 1980 SESSION

139

Salaries of Administrative and Supervisory Personnel (Sec. 21)
Special Education Leadership Personnel (Sec. 21(c) (2))
Instructional Media (Sec. 13) Instructional Equipment
(Sec. 14) Maintenance and Operation
(Sec. 15) Sick and Personal Leave
(Sec. 16) Travel (Sec. 17) Instructional Specialists Pupil Transportation -
Regular (Sec. 25) Pupil Transportation -
Special (Sec. 25) Isolated Schools Kindergarten Program Mid-Term Adjustment Non-APEG Grants: Education of Children of
Low-Income Families Driver Education Teacher Retirement Instructional Services for
the Handicapped Preparation of Professional
Personnel in Education of Handicapped Children Educational Training Services for the Mentally Retarded Tuition for the Multihandicapped Severely Emotionally Disturbed Compensatory Education High School Program Vocational Research and Curriculum Adult Education

$ 52,898,872

$ 2,128,174 $ 16,869,699

$

655,898

$ 72,578,536

$ 5,270,457

$

743,350

$

-0-

$ 45,614,514

$ 5,368,877

$

277,188

$ 39,961,844

$

-0-

$ 81,285,228

$

-0-

$ 65,472,639

$ 20,223,947

$

117,904

$

-0-

$

622,000

$ 10,013,494 $ 12,746,747 $ 20,995,224

$

730,000

$ 3,563,737

140

GENERAL ACTS AND RESOLUTIONS, VOL. I

Area Vocational Technical Schools
Career Education Junior College Vocational
Program Quick Start Program Comprehensive Employment
and Training Guidance, Counseling and
Testing School Library Resources
and Other Materials Salaries and Travel of
Public Librarians Public Library Materials Talking Book Centers Public Library Maintenance
and Operation Public Library Construction School Lunch (Federal) School Lunch (State) Supplementary Education
Centers and Services Staff Development Supervision and Assessment
of Students and Beginning Teachers and Performance Based Certification Cooperative Educational Service Agencies Superintendents' Salaries Comprehensive Planning Competency-Based High School Graduation Requirements Vocational Special Disadvantaged Instructional Aides Teacher Health Insurance Special Projects Regional ITV Projects Indo-Chinese Refugee Nutritional Education Basic Skills

$ 39,181,942

$

335,000

$ 1,050,357 $ 2,040,000

$ 3,595,000

$

-0-

$ 3,735,241

$ 3,362,056

$ 3,042,571

$

578,243

$ 1,817,508 $ 3,540,835 $ 109,097,600 $ 14,060,000

$ 3,251,210

$

980,000

$ 1,995,000

$ 2,853,449

$ 3,703,435

$

300,000

$

250,000

$

521,970

$

-0-

$ 31,285,508

$

160,000

$

100,000

$

-0-

$

175,700

$

-0-

GEORGIA LAWS 1980 SESSION

141

H. B. 95 Tax Rebate Area Vocational Technical
School Construction Grants to School Systems
for Authority Lease Rental Payments to Georgia Education Authority (Schools) Direct Grants to School Systems for Capital Outlay Purposes Cash Grants for Capital Outlay Authority Lease Rentals Total Positions Budgeted Authorized Motor Vehicles

$ 75,000,000

$

875,000

$

-0-

$

624,243

$ 65,441,220

$

-0-

841

17

B. Budget Unit: Institutions

$

1. Georgia Academy for the Blind

Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Capital Outlay

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

10,677,856
1,841,419 263,036 7,563 35,590 6,482 49,425 -0-013,829 14,450 130,925 10,000
2,372,719 2,016,335
152

2. Georgia School for the Deaf

Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

3,375,804 571,120 9,294 7,403 200 294,504

142

GENERAL ACTS AND RESOLUTIONS, VOL. I

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Capital Outlay

$

Authority Lease Rentals

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

3. Atlanta Area School for the Deaf

Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

.....$

Motor Vehicle Equipment Purchases . ... $

Publications and Printing ....

$

Equipment Purchases

$

Computer Charges

/.

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Capital Outlay

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

4. North Georgia Vocational-Technical

School Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Capital Outlay

$

-0-014,141 96,083 173,077 1,008,626 -05,550,252 3,964,681 271
1,258,828 176,810 6,086 -03,700 124,006 -0-013,028 9,400 71,054 -0-
1,662,912 1,438,797
87
1,816,110 563,819 19,335 -05,580 70,830 -0-013,421 5,054 197,475 -0-

GEORGIA LAWS 1980 SESSION

143

Authority Lease Rentals

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

5. South Georgia Vocational-Technical

School Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Capital Outlay

$

Authority Lease Rentals

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

Budget Unit Object Classes:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Capital Outlay

$

Authority Lease Rentals

$

Total Positions Budgeted

Authorized Motor Vehicles

-02,691,624 1,724,119
106
1,434,928 452,304 13,425 -03,360 76,400 -0-010,972 8,960 197,005 -0-0-
2,197,354 1,533,924
94
9.727.089 2.027.089
55,703 42,993 19,322 615,165
-0-065,391 133,947 769,536 1,018,626 -0710 80

144

GENERAL ACTS AND RESOLUTIONS, VOL. I

Provided, that none of the State funds appropriated above may be expended to initiate or commence any new program or project which would create a continuing obligation of the current funds of the State, unless such program or project has been authorized by the General Assembly.
Provided, that where teaching personnel are paid in whole or in part from funds other than State-local funds, the fund source from which such salary is paid shall be the pro rata part of the cost of employer contributions to the Teachers' Retirement System and Teachers' Health Insurance applicable to such salary.
Provided, that of the above appropriation relative to Compensatory Education, $12,746,747 is designated and committed for a compensatory education program for students in grades 1 through 6 and shall be used for remedial purposes only. Provided, further, that $10,246,747 of these funds shall be distributed on a parity formula based on the total average daily attendance in grades 1 through 6 while the remaining funds of $2,500,000 shall be distributed on the basis of the proportion of students in each local system failing to achieve 10 or more of the objectives on the fourth grade criterion-referenced test in reading.
Provided, further, that for kindergarten programs, each system shall be allotted instructional units on the basis of one teacher and one aide for each 40 students or major fraction thereof in average daily attendance, except in the case of mentally, physically or emotionally handicapped children, the ratio shall be one teacher and one aide for 24 students or major fraction thereof in average daily membership. Each instructional unit shall be funded on the basis of actual reimbursement for salary, retirement, and school

GEORGIA LAWS 1980 SESSION

145

lunch cost and $9,644 for operational cost incurred by continued units and $12,493 for operational cost incurred by new units in preschool development programs. Operational cost shall include maintenance and operation, sick and personal leave, instructional media, instructional equipment, testing, transportation, and additional instructional personnel when such additions will have the effect of serving additional students, provided such additional students shall not be used for the purpose of earning additional instructional units.
Provided, that of any State Funds appropriated to local systems for classroom teacher salaries on the basis of Average Daily Attendance in grades 1 through 7, such teachers shall be used in the school where earned and shall be used only for the purpose of funding regular (general education) classroom teachers in grades where earned.
Provided, that of the above appropriation, relative to special education $30,000 is designated and committed for payment to the Houston County Board of Education for payment to Houston County Speech and Hearing School, and $30,000 is designated and committed for payment to the Houston County Board of Education for payment to Houston County Happy Hour School.
Provided, that of the above appropriation relative to Travel (Section 32-617a of APEG), such funds shall be allocated to local systems based on 85 cents per student in average daily attendance.
Provided, that of the above appropriation, funds allocated for the purpose of renovating public school buildings and facilities shall be determined on the basis of policies and procedures to be developed by the State Board of Education, which shall include, but not be limited to, the following:

146

GENERAL ACTS AND RESOLUTIONS, VOL. I

L Only one single building project per local system shall be eligible for State funds in any one fiscal year.
2. No project shall be eligible if the estimated cost of construction exceeds 60 percent of the estimated cost of a new building to house the same programs.
3. No project shall be eligible unless it is to be utilized at or near capacity for the foreseeable future.
4. No project shall be eligible unl$s it comprehensively addresses all needed improvements to house the functions and educational programs within the facility.
5. A higher priority ranking shall be given to those projects which require a lesser percentage of construction cost for items which would otherwise be financed from maintenance and operation funds.
6. A local system shall be required to provide local funds in an amount to be determined by the State Board of Education's policies which reflect the local system's financial ability to participate.
It is the intent of this General Assembly that the allocation of General Obligation Bonds proceeds for the purpose of financing a school construction program throughout the State of Georgia shall be determined on the basis of a formula to be promulgated by the State Board of Education, based on current increased average daily attendance, surveyed projected growth, consolidation, renovations, outstanding local effort of school systems, age and condition of existing school buildings, and such other criteria by the Board to insure that classroom need is the basis of distribution.

GEORGIA LAWS 1980 SESSION

147

Provided, further, funds appropriated for Maintenance and Operation, Sick and Personal Leave and Instructional Media, for all Special Education Teachers, payments shall not be made until the allotted teaching unit has been filled.
Furthermore, the Section 5 teaching units so allocated to an eligible local unit shall remain a part of that local unit's allotment until the end of the current school year in which allocated.
It is the intent of this General Assembly that local school systems have the authority to utilize increased maintenance and operation funds contained in this Appropriations Act in such a fashion as to accomplish de facto funding of Section 12 of the Adequate Program for Education in Georgia.
Provided, that of the above appropriation for APEG Grants, $18,352,370 is designated and committed for adjusting the basis for allotment of instructional units under Section 10 to 1:20 for grades 1-2.
Provided, however, that local school systems, in accordance with State Board policy, may use additional instructional units earned in grades 1 2 to employ either certificated or licensed instructional personnel in those grades. Funding for licensed instructional personnel shall include salaries as provided for in APEG Section 10b(2) and Section 15 (M&O).
Provided, that of the above appropriation for $980,000 for Staff Development, $90,000 is designated and committed to fund a State level staff development program specifically for Special Education Teachers (Section 5) utilized in programs for intellectually gifted students, and to assist in the development of a State program plan for gifted students by the State Superintendent of Schools.

148

GENERAL ACTS AND RESOLUTIONS, VOL. I

Provided, that of the above appropriations relative to Sections 5, 7, 10, 20, 21, and 21(c)(2) of APEG for salaries, funds may be moved between said Sections by an amendment to the annual operating budget during the month of June with the prior approval of the Office of Planning and Budget.

Provided that of the above appropriation for Area Vocational Technical School Construction, $350,000 is hereby designated and committed for the planning and design of a facility in Gwinnett County.

Section 20. Employees' Retirement System.

Budget Unit: Employees' Retirement

System

$

Employees' Retirement System Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

Budget Unit Object Classes:

Personal Services

$

Regular Operating Expenses

.....$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

-0-
476,006 42,968 6,000 -012,000 4,700 150,700 48,130 8,050
315,000 1,063,554
-028
476,006 42,968 6,000 -012,000 4,700 150,700 48,130 8,050

GEORGIA LAWS 1980 SESSION

149

Per Diem, Fees and Contracts Total Positions Budgeted Authorized Motor Vehicles

$

315,000

28

1

Section 21. Forestry Commission.

Budget Unit: Forestry Commission

$

1. Reforestation Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Capital Outlay

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

15,259,590
547,840 285,340
3,800 -0-
751 7,000 9,821
-08,505 61,976
-0925,033 208,533
30

2. Field Services Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Ware County Grant

$

Capital Outlay

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

11,658,340 2,024,398
80,000 700,000
20,040 1,100,480
35,840 12,501 383,280 10,920 60,000 160,500 16,246,299 13,441,443
810

3. General Administration and Support Budget:
Personal Services Regular Operating Expenses

$

545,492

$

82,580

150

GENERAL ACTS AND RESOLUTIONS, VOL. I

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Contractual Research

$

Herty Foundation

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

17,100 4,830 47,212
700 61,506
-014,726 5,066 392,000
-01,171,212 1,109,614
25

4. Wood Energy Budget: Wood Energy Program Total Funds Budgeted State Funds Budgeted Total Positions Budgeted

$

500,000

$

500,000

$

500,000

2

Budget Unit Object Classes:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Contractual Research

$

Ware County Grant

$

Herty Foundation

$

Wood Energy Program

$

Capital Outlay

$

Total Positions Budgeted

Authorized Motor Vehicles

12,751,672 2,392,318 100,900 704,830 68,003 1,108,180 107,167 12,501 406,511 77,962 392.000 60,000 -0500.000 160,500 867 751

Provided, that to the extent that Federal Funds are realized in excess of the amounts of such funds contemplated in the Cooperative

GEORGIA LAWS 1980 SESSION

151

Forest Protection, Cooperative Forest Management, Insect and Disease, Forest Incentive and Public Service Employment Programs in the Field Services Activity of this Act, the Office of Planning and Budget is authorized and directed to use the first $500,000 of such excess funds to supplant State Funds appropriated herein. Provided further that such supplantation shall not be implemented if so doing would cause any portion of the anticipated Federal Funds not to be realized. This provision shall not apply to project grants.

It is the intent of this General Assembly that the Forestry Commission have authority to control the application of the Contractual Research funds in the above appropriation.

Section 22. Georgia Bureau of Investigation.

Budget Unit: Georgia Bureau of

Investigation

$

1. General Administration Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

2. Investigative Division Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

12,053,297
393,393 24,328 4,900 13,300 2,250 2,550 -027,000 18,134 -03,600
489,455 489,455
23
4,180,246 545,315 252,150 281,300 17,200

152

GENERAL ACTS AND RESOLUTIONS, VOL. I

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Evidence Purchased

$

Postage

$

Capital Outlay

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

3. Crime Laboratory Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

4. Georgia Crime Information

Center Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Total Funds Budgeted

$

22,962 1,500
66,200 165,818
2,800 140,000
6,900 850
5,683,241 5,480,797
181
1,644,506 249,369 21,000 62,500 4,000 477,000 132,200 10,170 40,308 500 13,000
2,654,553 2,295,665
83
1,555,676 101,534 10,450 -050,964 -0-
1,707,407 3,000
338,149 3,200 17,000
3,787,380

GEORGIA LAWS 1980 SESSION

153

State Funds Budgeted

$

Total Positions Budgeted

Budget Unit Object Classes:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Evidence Purchased

$

Postage

$

Capital Outlay

$

Total Positions Budgeted

Authorized Motor Vehicles

Provided that to the extent that Federal Funds are realized in excess of the amounts of such funds contemplated in the Investigative Division and Georgia Crime Information Center Activities of this Act, the Office of Planning and Budget is authorized and directed to use the first $500,000 of such excess funds to supplant State Funds appropriated herein. Provided further that such supplantation shall not be implemented if so doing would cause any portion of the anticipated Federal Funds not to be realized. This provision shall not apply to project grants.

Section 23. Georgia Franchise

Practices Commission.

Budget Unit: Georgia Franchise

Practices Commission

$

Georgia Franchise Practices

Commission Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

3,787,380 103
7,773,821 920,546 288,500 357,100 74,414 502,512
1,841,107 106,370 562,409 6,500 140,000 40,500 850 390 226
39,979
19,629 7,900 850 -0-

154

GENERAL ACTS AND RESOLUTIONS, VOL. I

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

Budget Unit Object Classes:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Positions Budgeted

Authorized Motor Vehicles

Section 24. Georgia State Financing

and Investment Commission.

Budget Unit: Georgia State

Financing and

Investment Commission

$

Departmental Operations Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment

Purchases

$

Publications and Printing

$

Equipment Purchases. .

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

1,500 250 -0-
2,850 2,000 5,000 39,979 39,979
2
19,629 7,900
850 -0-
1,500 250 -0-
2,850 2,000 5,000
2 0
-0-
643,168 74,500 6,000
-012,600
1,750 25,000 52,911 14,000 188,000 1,017,929

GEORGIA LAWS 1980 SESSION

155

State Funds Budgeted Total Positions Budgeted

$

-0-

30

Budget Unit Object Classes: Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Publications and Printing Equipment Purchases Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Total Positions Budgeted Authorized Motor Vehicles

$

643,168

$

74,500

$

6,000

$

-0-

$

12,600

$

1,750

$

25,000

$

52,911

$

14,000

$

188,000

30

0

It is the intent of this General Assembly that the allocation of General Obligation Bonds proceeds for the following projects for the Department of Administrative Services, Department of Human Resources and the Department of Industry and Trade, authorized in Section 47 of this Act, shall be approximately as listed hereunder, if and when bonds are issued to finance the construction of such projects:

Regional Hospital at Thomasville State Office Building in Atlanta Expansion of Georgia Ports Authority
Facilities at Savannah Expansion of Georgia World Congress
Center in Atlanta Acquisition of Office Facility
in Atlanta

$ 14,000,000 $ 5,000,000 $ 25,000,000
$ 10,000,000
$ 3,000,000

Section 25. Office of the Governor. A. Budget Unit: Governor's Office 1. Governor's Office Budget:
Cost of Operations

$ 4,575,836 $ 1,258,027

156

GENERAL ACTS AND RESOLUTIONS, VOL. I

Mansion Allowance

$

Governor's Emergency Fund

$

Intern Stipends and Travel

$

Total Funds Budgeted

$

State Funds Budgeted

$

There is hereby appropriated a General Emergency Fund for meeting expenses deemed emergencies by the Governor and to be expended by the Governor at his discretion in any emergency that he may determine requires expenditure of any part of said fund. Expenditures from this fund shall be made in accordance with other provisions of State law and the Constitution.

Provided, however, that the listed appropriation shall be increased by the amount incurred in ordering the organized militia into active service of the State in case of invasion, disaster, insurrection, riot, breach of the peace, or combination to oppose the enforcement of the law by force or violence, or imminent danger thereof or other grave emergency when available funds are not sufficient for such purposes.

2. Office of Fair Employment Practices

Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

40,000 3,000,000
77,298 4,375,325 4,375,325
304,599 14,220 18,800 -02,600 4,000 -015,627 9,440 74,474
443,760 200,511
14

GEORGIA LAWS 1980 SESSION

157

Budget Unit Object Classes:

Cost of Operations

$

Mansion Allowance

$

Governor's Emergency Fund

$

Intern Stipends and Travel

$

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Positions Budgeted

Authorized Motor Vehicles

B. Budget Unit: Office of Planning

and Budget

$

1. General Administration and

Support Budget:

'

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

2. Council of the Arts Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

1,258,027 40,000
3,000,000 77,298
304,599 14,220 18,800 -02,600 4,000 -015,627 9,440 74,474 14 1
4,675,712
338,099 22,306 10,000 -020,000 500 -0160,716 7,000 11,000
569,621 569,621
15
108,466 8,230 4,100 -010,199

158

GENERAL ACTS AND RESOLUTIONS, VOL. I

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Art Grants

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

3. Educational Development Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

4. Intergovernmental Relations Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

5. Management Review Budget:

Personal Services

$

Regular Operating Expenses

$

-0-014,045 6,300 9,480 1,729,705 1,890,525 1,103,626
8
205,173 6,391 6,000 -0-0300 -0-04,269 -0-
222,133 207,133
9
162,812 9,873 18,902 -0300 64 -0-05,857 1,000
198,808 198,808
7
461,653 15,560

GEORGIA LAWS 1980 SESSION

159

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

6. Human Development Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

7. Office of Consumer Affairs:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

6,100 -0-0-0-
12,000 -0-
9,000 300
504,613 459,334
21
265,081 5,400 3,500 -0-0500 -0-04,500 -0-
278,981 258,981
10
774,582 48,250 14,000 -05,000 2,325 18,000 52,447 100,000 2,000
1,016,604 737,676 50

160

GENERAL ACTS AND RESOLUTIONS, VOL. I

8. State Energy Office Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

9. Governor's Committee on

Post-Secondary Education

Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

10. Facilities Management Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

414,866 46,700 48,026 -071,003 8,720 -0-014,300
4,824,535 5,428,150
299,747 18
96,543 5,988 3,300 -04,725 -05,000 7,350 3,045
11,650 137,601 61,421
4
85,506 3,730 6,000 -01,000 2,000 -0-02,600
58,000

GEORGIA LAWS 1980 SESSION

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

11. Physical and Economic

Development Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

12. General Government and Protection

of Persons and Property Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

13. Consumer's Utility Counsel Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

e

Equipment Purchases

$

161
158,836 158,836
3
319,745 15,480 20,000 -06,500 2,000 14,000 -010,632
155,000 543,357 209,225
14
294,140 8,793 6,400 -0-01,250 -0-05,700 -0-
316,283 291,283
12
265,257 10,800 7^000 -0600 492

162

GENERAL ACTS AND RESOLUTIONS, VOL. I

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

Budget Unit Object Classes:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Art Grants

$

Total Positions Budgeted

Authorized Motor Vehicles

Section 26. Grants to Counties and

Municipalities.

Budget Unit: Grants to Counties and

Municipalities

$

1. Grants to Counties

$

Total Funds Budgeted

$

State Funds Budgeted

$

2. Grants to Municipalities

$

Total Funds Budgeted

$

State Funds Budgeted

$

Budget Unit Object Classes:

Grants to Counties

$

Grants to Municipalities

$

Provided, that the above sums shall be distributed and disbursed to the various counties and municipalities on a quarterly basis, such payments to be made on the last day of each calendar quarter.

-010,872
5,000 20,000 320.021 120.021
14
3,791,923 207,501 153,328 -0119,327 18,151 49,000 245,430 178,203
5,092,965 1,729,705
185 0
6,800,000 2,600,000 2,600,000 2,600,000 4,200,000 4,200,000 4,200,000
2,600,000 4,200,000

GEORGIA LAWS 1980 SESSION

163

Section 27. Department of Human

Resources.

A. Budget Unit: Departmental

Operations

$

1. General Administration and

Support Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Postage

$

Institutional Repairs

and Maintenance

$

Capital Outlay

$

Total Funds Budgeted

$

Indirect DOAS Services Funding

$

Indirect GBA Funding

$

Agency Funds

$

Title XX Funds

$

State Funds Budgeted

$

Total Positions Budgeted

Authorized Motor Vehicles

151,958,020
8,613,315 613,620 397,225 -0122,895 30,850
1,397,395 1,493,010
360,280 1,864,865
59,500 487,910
723,080 57,745
16,221,690 1,250,000 800,000 5,717,307 2,462,986 5,991,397 523 7

General Administration and Support Functional Budgets

Total Funds State Funds Pos.

Commissioner's Office

$ 568,805 $ 568,805 19

Child Care Licensing

$ 1,084,985 $ 938,152 59

164

GENERAL ACTS AND RESOLUTIONS, VOL. I

Laboratory Improvement

$ 451,720 $ 287,040 19

Child Support Recovery

$ 1,948,420 $ 512,173 100

Contract Management

$ 1,159,370 $ 170,835 9

Public Affairs

$ 270,440 $ 270,440 12

Office of Administrative Appeals

$ 706,335 $ 706,335 22

Health Care Facilities Regulations

$ 1,726,530 $ 255,357 69

Administrative Policy, Coordination and Direction

123,270 $ 123,270 5

Personnel

$ 1,458,330 $ 1,417,534 70

Administrative Support Services

$ 1,630,470 $ 1,256,747 60

Office of Review and Investigation

$ 524,180

223,374 22

Systems Planning, Development and Training $

374,375 $

374,375 22

Program Analysis

104,365 $ 104,365 7

GEORGIA LAWS 1980 SESSION

165

Electronic Data Processing,

Planning and Coordina-

tion

$ 1,517,395 $ 229,735 0

Facilities Management

$ 2,092,690 $ 1,292,690 7

Regulatory Services Program Direction and Support

$ 480,010 $ 280,010 21

Indirect Cost

$

-0- $ (3,019,840) 0

Undistributed

$

-0- $

-0- 0

Total

$ 16,221,690 $ 5,991,397 523

2. Financial Management Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Postage

$

Total Funds Budgeted

$

Indirect DOAS Services Funding

$

Agency Funds

$

State Funds Budgeted

$

Total Positions Budgeted

Authorized Motor Vehicles

3,718,895 122,190 139,365 -025,635 -0-09,700 4,500 150,000 100 700
4,171,085 -0-
1,698,803 2,472,282
223 0

166

GENERAL ACTS AND RESOLUTIONS, VOL. I

Financial Management Functional Budgets

Total Funds State Funds Pos.

Budget Administration Accounting Services Auditing Services Indirect Cost Undistributed

$ 838,315 $ 838,315 35

$ 2,054,160 $ 2,054,160 129

$ 1,278,610 $ 1,228,610 59

$

-0- $ (1,648,803) 0

$

-0- $

-0- 0

Total

$ 4,171,085 $ 2,472,282 223

3. Special Programs:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Grant to Parent-Child Center

$

Utilities

$

Postage

$

Benefits for Child Care

$

Total Funds Budgeted

$

Indirect DOAS Services Funding

$

Agency Funds

$

State Funds Budgeted

$

Total Positions Budgeted

Authorized Motor Vehicles

1,945,635 84,410 96,070 -019,030 -0-0-
169,480 53,720 22,648,035 12,000
-03,000 504,000 25,535,380
-020,978,016
4,557,364 109 0

GEORGIA LAWS 1980 SESSION

167

Special Programs Functional Budgets Total Funds State Funds Pos.

State Economic Opportunity Office

332,205

66,375 18

District Programs, Director's Office

654,810

507,020 25

Council Administration

$ 387,080

171,927 13

Child Development Administration

$ 1,273,325 $

567 44

Child Development Contracts - Foster Care

267,605 $

16,774 0

Special Projects

212,000 $ 212,000 0

Child Development Contracts - Day Care

$ 20,007,380 $ 2,786,558 0

Child Development Contracts - Home Management

$ 531,350 $

96,017 0

Child Development Contracts - Outreach

$ 620,985 $

74,615 0

Appalachian Health and Child Development

427,235 $ 67,606 9

168

GENERAL ACTS AND RESOLUTIONS, VOL. I

Information and Referral

$ 317,405 $

53,905 0

Troubled Children Benefits $ 504,000 $ 504,000 0

Undistributed

$

-0- $

-0- 0

Total

$ 25,535,380 $ 4,557,364 109

4. Physical Health - Program

Direction and Support Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Postage

$

Total Funds Budgeted

$

Indirect DO AS Services Funding

$

Agency Funds

$

State Funds Budgeted

$

Total Positions Budgeted

Authorized Motor Vehicles

1,679,440 119,980 45,650 -042,670 1,000 -033,955 180,285 215,000 -0700
2,318,680 145,000 501,820
1,671,860 106 0

Physical Health - Program Direction and Support Functional Budgets

Total Funds State Funds Pos.

Director's Office

$ 409,025 $ 264,025 7

Employee's Health

$ 197,975 $ 114,975 9

GENERAL LAWS 1980 SESSION

169

Primary Health Care

$ 511,960 $ 183,140 13

Special Projects

$

77,580 $

37,580 3

Health Program Management

$ 263,300 $ 252,300 15

Vital Records

$ 730,200 $ 730,200 52

Health Services Research

$ 128,640 $

89,640 7

Undistributed

$

-0- $

-0- 0

Total

$ 2,318,680 $ 1,671,860 106

5. Physical Health - Family

Health Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Postage

$

Regional Grants for Prenatal and

Postnatal Care Programs

$

Crippled Children Benefits

$

Kidney Disease Benefits

$

Cancer Control Benefits

$

Contract for the Purchase of

Clotting Factor for the

Hemophilia Program

$

4,309,680 2,057,230
276,885 10,895
116,765 32,880 193,000 303,760 47,950 6,470,580
-025,330
3,239,000 2,953,515
450,000 1,632,000
100,000

170

GENERAL ACTS AND RESOLUTIONS, VOL. I

Benefits for Medically Indigent High Risk Pregnant Women and Their Infants
Grant to Grady Hospital for Cystic Fibrosis Program
Contract with Emory University for Cancer Research
Contract with Emory University for Arthritis Research
Grant for Cystic Fibrosis Program Family Planning Benefits Total Funds Budgeted Indirect DOAS Services Funding Agency Funds State Funds Budgeted Total Positions Budgeted Authorized Motor Vehicles

$

25,000

$

40,000

$

50,000

$

170,000

$

50,000

$

226,530

$ 22,781,000

$

-0-

$ 11,232,651

$ 11,548,349

273

5

Physical Health - Family Health Functional Budgets

Total Funds State Funds Pos. Family Health Management $ 5,994,360 $ 300,917 27

Cancer Control

$ 2,167,460 $ 1,952,460 4

Crippled Children

$ 5,022,140 $ 2,249,607 91

Immunization

$ 511,485 $

-0- 25

Maternal Health

$ 216,345 $ 216,345 7

Sexually Transmitted Diseases

$ 193,885 $ 193,885 7

GEORGIA LAWS 1980 SESSION

171

Infant and Child Health

$ 3,739,260 $ 3,696,603 11

Diabetes

$ 241,005 $

31,330 10

Chronic Disease

$ 1,348,210 $ 1,348,210 26

Coordination, Education, Prevention
Malnutrition
Stroke and Heart Attack Prevention

$ 466,965 $ $ 253,950 $

-0- 6 -0- 8

$ 333,960 $ 141,225 4

Family Planning

$ 741,460 $

44,252 12

Epidemiology

$ 603,115 $ 603,115 7

Dental Health

$

57,800 $

57,800 3

Community Tuberculosis Control

$ 889,600 $ 712,600 25

Undistributed Total

$

-0- $

-0- 0

$ 22,781,000 $ 11,548,349 273

6. Physical Health - Community

Health Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

3,005,995 463,935 45,375 -0-

172

GENERAL ACTS AND RESOLUTIONS, VOL. I

Publications and Printing Equipment Purchases Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Utilities Postage Total Funds Budgeted Indirect DOAS Services Funding Agency Funds State Funds Budgeted Total Positions Budgeted Authorized Motor Vehicles

$

30,500

$

49,145

$

-0-

$

36,585

$

4,000

$

132,320

$

-0-

$

12,200

$ 3,780,055

$

-0-

$

393,150

$ 3,386,905

174

5

Physical Health - Community Health Functional Budgets

Total Funds State Funds P o s.

Radiological Health

$ 340,565 $ 340,565 13

Occupational Health

$ 250,405 $ 250,405 9

Laboratory Services Emergency Health

$ 2,765,375 $ 2,372,225 138 $ 423,710 $ 423,710 14

Undistributed Total

$

-0- $

-0- 0

$ 3,780,055 $ 3,386,905 174

7. Physical Health - Local

Services Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

9,449,305 10,935,360
433,700 -0-

GEORGIA LAWS 1980 SESSION

173

Publications and Printing Equipment Purchases Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Utilities Postage Family Planning Benefits Midwifery Program Benefits Crippled Children Benefits Grants to Counties for Teenage
Pregnancy Prevention Benefits for Medically Indigent
High Risk Pregnant Women and Their Infants Grant for DeKalb County Mental Retardation Project Grant for Chatham County Mental Retardation Project Grant-In-Aid to Counties Total Funds Budgeted Indirect DOAS Services Funding Agency Funds Title XX Funds State Funds Budgeted Total Positions Budgeted Authorized Motor Vehicles

$

37,500

$

35,290

$

-0-

$

96,375

$

116,755

$ 3,815,505

$

7,980

$

24,455

$

75,000

$

175,000

$ 1,076,505

$

250,000

$ 3,451,480

$

110,910

$

119,260

$ 18,931,440

$ 49,141,820

$

80,000

$ 21,953,174

$ 1,100,000

$ 26,008,646

581

2

Physical Health - Local Services Functional Budgets

Minimum Foundation

Total Funds State Funds Pos. $ 5,632,900 $ 5,240,079 235

Grant-In-Aid to Counties
Stroke and Heart Attack Prevention

$ 16,516,310 $ 13,457,810 0 $ 436,835 $ 386,835 21

174

GENERAL ACTS AND RESOLUTIONS, VOL. I

Family Planning

$ 4,919,720 $ 473,480 195

Sickle Cell, Vision and Hearing

$ 309,110 $ 309,110 15

Sexually Transmitted Diseases

$ 836,085 $ 132,013 26

High Risk Pregnant Women

and Their Infants

$ 3,865,535 $ 3,792,535 19

Newborn Follow-Up Care

$ 232,065 $ 232,065 12

District Dental
Teenage Pregnancy Prevention

$ 653,375 $ 653,375 18 $ 250,000 $ 250,000 0

District Crippled Children $ 1,835,205 $ 1,081,344 33

Mental Retardation Projects $ 230,170 $

-0- 0

Malnutrition

$ 13,424,510 $

-0- 7

Undistributed

$

-0- $

-0- 0

Total

$ 49,141,820 $ 26,008,646 581

8. Mental Health - Program

Direction and Support Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

2,914,820 141,835 160,505 -056,800 13,605 670,480

GEORGIA LAWS 1980 SESSION

175

Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Utilities Postage Total Funds Budgeted Indirect DOAS Services Funding Agency Funds State Funds Budgeted Total Positions Budgeted

$

84,750

$

128,955

$ 1,172,565

$

2,500

$

2,100

$ 5,348,915

$

545,000

$ 2,165,294

$ 2,638,621

145

Mental Health - Program Direction and Support Functional Budgets

Administration

Total Funds State Funds Pos. $ 1,755,065 $ 1,755,064 63

Special Projects and Contracts

$ 1,183,890 $

844 8

Program Coordination

$ 2,409,960 $ 882,713 74

Undistributed Total

$

-0- $

-0- 0

$ 5,348,915 $ 2,638,621 145

9. Purchase of Social Services:

Personal Services

$

-0-

Regular Operating Expenses

$

-0-

Travel

$

-0-

Motor Vehicle Equipment Purchases .... $

-0-

Publications and Printing

$

-0-

Equipment Purchases

$

-0-

Computer Charges

$

-0-

Real Estate Rentals

$

-0-

Telecommunications

$

-0-

176

GENERAL ACTS AND RESOLUTIONS, VOL. I

Per Diem, Fees and Contracts

$

Utilities

$

Postage

$

W.I.N. Benefits

$

Grants to Fulton County for 24-

hour Emergency Social Services

$

Benefits for Child Care

$

Homemaker Meals

$

Chatham County Homemaker Project ... $

Douglas County Homemaker Project .... $

Fulton County Homemaker Project

$

Total Funds Budgeted

$

Agency Funds

$

Title XX Funds

$

State Funds Budgeted

$

Total Positions Budgeted

250,000 -0-0-
800,000
130,000 8,039,080
151,400 406,330
94,700 230,735 10,102,245 4,476,162 1,342,374 4,283,709
0

Purchase of Social Services Functional Budgets

Work Incentive Benefits

Total Funds State Funds Pos.

$ 800,000 $

80,000 0

Grants to Fulton County for 24-hour Emergency Social Services
Legal Services

$ 130,000 $ 130,000 0

$ 250,000 $

62,500 0

AFDC - Family Foster Care $ 2,353,130 $ 787,427 0

AFDC - Institutional Foster Care

$ 740,805 $ 247,987 0

Specialized Foster Care

$

50,000 $

12,500 0

GEORGIA LAWS 1980 SESSION

177

Child Welfare Family Foster Care

3,500,310 $ 2,007,212 0

Adoption Supplement

[,180 $ 111,180 0

Non-AFDC Institutional Foster Care

140,000

140,000 0

Liability Insurance Emergency Shelter Care

16,000 80,000

16,000 0 20,000 0

Day Care

692,655

342,653 0

Psychiatric, Psychological and Speech Therapy

120,000

30,000 0

Maternity Care

$ 230,000 $ 230,000 0

Return of Runaways County

5,000 $

1,250 0

Homemaker Projects

883,165 $ 65,000 0

Undistributed Total

-0- $

-0- 0

10,102,245 $ 4,283,709 0

10. Community Youth Services Administration:
Personal Services Regular Operating Expenses

$

519,270

$

14,510

178

GENERAL ACTS AND RESOLUTIONS, VOL. I

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Postage

$

Benefits for Child Care

$

Total Funds Budgeted

$

Indirect DOAS Services Funding

$

Agency Funds

$

State Funds Budgeted

$

Total Positions Budgeted

Authorized Motor Vehicles

16,270 -0-
4,550 -0-0-
23,870 16,500 2,500
-0-0-0597,470 -0-0597,470 25
0

11. Services to the Aged Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Postage

$

Areawide and Community Grants

$

Nutrition Grants

$

Total Funds Budgeted

$

Indirect DOAS Services Funding

$

Agency Funds

$

State Funds Budgeted

$

Total Positions Budgeted

804,385 22,540 47,630 -04,390 10,450 -048,770 25,240
6,760,420 -0-
1,265 3,156,565 5,743,395 16,625,050
-015,353,333
1,271,717 41

GEORGIA LAWS 1980 SESSION

179

Services to the Aged Functional Budgets Total Funds State Funds Pos.

Title XX Adult Services

$ 5,321,315 $ 769,027 0

Administration and Planning $ 2,403,775 $ 237,690 41

Nutrition Grants

$ 5,743,395 $ 265,000 0

Areawide Grants

$ 3,156,565 $

-0- 0

Undistributed

-0- $

-0- 0

Total

$ 16,625,050 $ 1,271,717 41

12. Vocational Rehabilitation -

Program Direction and

Support Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Postage

$

Case Services

$

Grants for Nephrology Centers

$

Total Funds Budgeted

$

Indirect DOAS Services Funding

$

Agency Funds

$

1,016,055 81,060 61,640 -022,840 46,300
384,400 9,500
28,125 464,485
-02,150 137,700 185,000 2,439,255 25,000 1,879,778

180

GENERAL ACTS AND RESOLUTIONS, VOL. I

State Funds Budgeted Total Positions Budgeted

$

534,477

54

Vocational Rehabilitation - Program Direction and Support Functional Budgets

Program Direction and Support

Total Funds State Funds Pos. $ 1,397,910 $ 237,574 40

Grant Management

$ 1,041,345 $ 296,903 14

Undistributed

$

-0- $

-0- 0

Total

$ 2,439,255 $ 534,477 54

13. Vocational Rehabilitation -

Facilities Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Postage

$

Capital Outlay

$

Case Services

$

Total Funds Budgeted

$

Indirect DOAS Services Funding

$

Agency Funds

$

Title XX Funds

$

2,269,800 145,195 18,180 6,500 300 900 -092,700 29,245 99,580 52,690 2,885 -0-0-
2,717,975 -0-
1,783,094 268,000

GEORGIA LAWS 1980 SESSION

181

State Funds Budgeted Total Positions Budgeted Authorized Motor Vehicles

$

666,881

156

14

Vocational Rehabilitation - Facilities Functional Budgets

Youth Development Center V. R. Unit

Total Funds State Funds Pos.

$ 208,185 $

52,046 12

Atlanta Rehabilitation Center

$ 1,261,325 $ 302,718 65

Alto Rehabilitation Center $ 219,655 $

54,914 12

Cave Spring Rehabilitation Center

$ 246,050 $

61,512 16

Yarbrough Rehabilitation Center

$ 467,465 $ 116,867 27

Georgia Vocational Adjustment

Center - Gracewood

$

315,295 $

78,824 24

Undistributed

$

-0- $

-0-

0

Total

$ 2,717,975 $ 666,881 156

14. Roosevelt Warm Springs

Rehabilitation Services -

Hospital Services:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

3,820,940 794,230 17,195 -04,425 -0-0-

182

GENERAL ACTS AND RESOLUTIONS, VOL. I

Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Utilities Postage Case Services Capital Outlay Total Funds Budgeted Indirect DOAS Services Funding Agency Funds State Funds Budgeted Total Positions Budgeted Authorized Motor Vehicles

$

-0-

$

96,740

$

354,845

$

336,020

$

6,000

$

-0-

$

-0-

$ 5,430,395

$

100,000

$ 3,585,974

$ 1,744,421

322

13

Roosevelt Warm Springs Rehabilitation Services Hospital Services Functional Budgets

Total Funds State Funds Pos.

Program Direction and Sup-

port

$ 5,249,230 $ 1,735,896 311

Family Involvement Project $ 181,165 $

8,525 11

Undistributed

$

-0- $

-0-

0

Total

$ 5,430,395 $ 1,744,421 322

15. Georgia Factory for the

Blind Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

1,669,725 3,205,230
57,840 11,000 3,215 9,800
-016,000 16,970

GEORGIA LAWS 1980 SESSION

183

Per Diem, Fees and Contracts Utilities Postage Case Services Total Funds Budgeted Agency Funds State Funds Budgeted Total Positions Budgeted Authorized Motor Vehicles

$

61,670

$

58,475

$

4,100

$

225,000

$ 5,339,025

$ 4,943,789

$

395,236

42

13

Georgia Factory for the Blind Functional Budgets

Operations

Total Funds State Funds Pos.

$ 4,384,335 $

-0-

0

Supervision

$ 248,675 $ 248,675 19

Vocational Rehabilitation Unit

$

91,160 $

22,790 6

'Business Enterprise Vending

Stand Project

$

614,855 $

123,771 17

Undistributed

$

-0- $

-0-

0

Total

$ 5,339,025 $ 395,236 42

16. Vocational Rehabilitation -

Services Budget:

Personal Services

$ 11,577,205

Regular Operating Expenses

$

358,645

Travel

$

355,000

Motor Vehicle Equipment Purchases .... $

-0-

t

Publications and Printing

$

10,200

Equipment Purchases

$

-0-

Computer Charges

$

-0-

Real Estate Rentals

$

528,045

184

GENERAL ACTS AND RESOLUTIONS, VOL. I

Telecommunications Per Diem, Fees and Contracts Utilities Postage Contract for Epilepsy Case Services Total Funds Budgeted Indirect DOAS Services Funding Agency Funds State Funds Budgeted Total Positions Budgeted Authorized Motor Vehicles

$

352,110

$

137,360

$

72,350

$

62,970

$

50,000

$ 14,260,980

$ 27,764,865

$

200,000

$ 21,697,609

$ 5,867,256

711

3

17. Roosevelt Warm Springs

Rehabilitation Services -

Rehabilitative Services Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Postage

$

Case Services

$

Total Funds Budgeted

$

Agency Funds

$

State Funds Budgeted

$

Total Positions Budgeted

Authorized Motor Vehicles

1,538,065 193,335 8,200 8,000 1,400 -0-0-044,645 428,370 159,250 4,000 85,000
2,470,265 2,200,985
269,280 108 13

18. Vocational Rehabilitation -

Disability Adjudication Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

4,835,185 219,230 15,635 -046,555 132,000

GEORGIA LAWS 1980 SESSION

185

Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Utilities Postage Case Services Total Funds Budgeted Agency Funds State Funds Budgeted Total Positions Budgeted

$

-0-

$

303,925

$

230,845

$

211,120

$

-0-

$

94,000

$ 3,298,460

$ 9,386,955

$ 9,386,955

$

-0-

307

19. Public Assistance Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Publications and Printing Equipment Purchases Computer Charges Real Estate Rentals Per Diem, Fees and Contracts SSI-Supplement Benefits AFDC Benefits Total Funds Budgeted Agency Funds State Funds Budgeted Total Positions Budgeted

$

-0-

$

76,000

$

-0-

$

-0-

$

-0-

$

-0-

$

-0-

$

-0-

$

-0-

$

100

$ 126,200,695

$ 126,276,795

$ 84,002,831

$ 42,273,964

0

Public Assistance Functional Budgets

Total Funds State Funds Pos.

Refugee Benefits

$

76,000 $

19,000 0

AFDC Payments

$ 126,200,695 $ 42,254,864 0

186

GENERAL ACTS AND RESOLUTIONS, VOL. I

SSI - Supplement Benefits Undistributed Total

$

100 $

100 0

$

-0- $

-0-

0

$ 126,276,795 $ 42,273,964 0

20. Local Services - Community Services

and Benefits Payments Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Per Diem, Fees and Contracts

$

Local Services Benefits

Payments Grants

$

Grants to Counties for

Social Services

$

Total Funds Budgeted

$

Agency Funds

$

Title XX Funds

$

State Funds Budgeted

$

Total Positions Budgeted

-0-0-0-0-0-0-0-0-0-
39,709,990
33,938,545 73,648,535 21,714,619 20,267,129 31,666,787
0

Local Services - Community Services and Benefits Payments Functional Budgets

Total Funds State Funds Pos.

Local Services Benefits Payments Grants $ 39,709,990 $ 19,854,995 0

Grant to Counties for Social Services

$ 33,938,545 $ 11,811,792 0

GEORGIA LAWS 1980 SESSION

Undistributed

$

-0- $

187

-0-

0

Total

$ 73,648,535 $ 31,666,787 0

21. Family and Children Services -

Program Direction and Support

Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Postage

$

Total Funds Budgeted

$

Agency Funds

$

Indirect DOAS Services Funding

$

Title XX Funds

$

State Funds Budgeted

$

Total Positions Budgeted

5,507,675 220,445 281,350 -0389,230 -0-
1,342,000 297,360 234,455
3,045,130 8,525
210,500 11,536,670 6,153,275
662,000 880,990 3,840,405
315

Family and Children Services - Program Direction and Support Functional Budgets

Director's Office

Total Funds State Funds Pos. $ 530,010 $ 193,756 12

Standards and Procedures

$ 423,090 $ 190,994 9

Training

$ 714,830 $ 122,951 13

188

GENERAL ACTS AND RESOLUTIONS, VOL. I

Management Development Administrative Support

$ 1,646,330 $ $ 2,569,735 $

791,877 79 641,374 20

Food Stamp

$ 2,379,510 $ 297,190 22

District Program Operations $ 2,035,515 $ 962,925 101

Special Services

$ 1,011,305 $ 526,062 47

Eligibility Determination

$ 226,345 $ 113,276 12

Undistributed Total

$

-0- $

-0-

0

$ 11,536,670 $ 3,840,405 315

22. Family and Children Services -

District Administration Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Total Funds Budgeted

$

Agency Funds

$

Title XX Funds

$

State Funds Budgeted

$

Total Positions Budgeted

473,225 20,495 28,305 -0-0-0-021,500 15,000 -04,000
562,525 165,082 126,450 270,993
19

GEORGIA LAWS 1980 SESSION

189

Budget Unit Object Classes:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment

Purchases

$

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Postage

$

Capital Outlay

$

Grants for Regional Prenatal

and Postnatal Care Programs

$

Crippled Children Benefits

$

Kidney Disease Benefits

$

Cancer Control Benefits

$

Benefits for Medically Indigent

High Risk Pregnant Women and

Their Infants

$

Family Planning Benefits

$

Benefits for Midwifery Program

$

Facilities Construction Grants

$

Grants for DeKalb County

Mental Retardation Project

$

Grants for Chatham County

Mental Retardation Project

$

Grant-In-Aid to Counties

$

Work Incentive Benefits

$

Grants to Fulton County for 24-

hour Emergency Social Services

$

Benefits for Child Care

$

Homemaker Meals

$

Chatham County Homemaker Project ... $

Douglas County Homemaker Project .... $

Fulton County Homemaker Project

$

Areawide and Community Grants

$

Nutrition Grants

$

Grants for Nephrology Centers

$

69,668,615 19,889,475
2,502,020
36,395 938,900 362,220 3,987,275 3,569,285 1,986,320 48,284,350 757,390 948,265
57,745
3,239,000 4,030,020
450,000 1,632,000
3,476,480 301,530 175,000 -0-
110,910
119,260 18,931,440
800,000
130,000 8,543,080
151,400 406,330
94,700 230,735 3,156,565 5,743,395 185,000

190

GENERAL ACTS AND RESOLUTIONS, VOL. I

Case Services SSI-Supplement Benefits AFDC Benefits Local Services Benefits
Payments Grants Grants to Counties for Social
Services Contract for the Purchase of
Clotting Factor for the Hemophilia Program Institutional Repairs and Maintenance Grant to Parent-Child Center Contract with Emory University for Arthritis Research Grant for Epilepsy Program Grant to Grady Hospital for Cystic Fibrosis Program Grant for Teenage Pregnancy Prevention Program Contract - Cancer Research at Emory Grant for Cystic Fibrosis Program Total Positions Budgeted

$ 18,007,140

$

100

$ 126,200,695

$ 39,709,990

$ 33,938,545

$

100,000

$

723,080

$

12,000

$

170,000

$

50,000

$

40,000

$

250,000

$

50,000

$

50,000

4,234

Provided, that of the above appropriation, $100,000 is designated and committed for the purchase of clotting factor for the Hemophilia Program and for no other purpose.

Provided, that of the above appropriation, $100,000 is designated and committed to operate a Hemophilia Program in the Metropolitan Atlanta Area and to operate the Hemophilia Program in Augusta.

Provided, that of the above appropriation, $437,000 is designated and committed for 121/2% matching for Day Care Centers in the Appalachian Region.

GEORGIA LAWS 1980 SESSION

191

Provided, that of the funds available in the Physical Health - Local Services Budget not less than $125,000 is committed for continuation of the Community Cardiovascular Council StrokeScreening Program.
Provided, that of the above appropriation, $20,000 is designated and committed for toxoplasmosis screening.
Provided that no State funds shall be used for advertising the Food Stamp program or other welfare programs unless failure to so apply State funds would cause the loss of Federal funds for programs other than advertising.
There is hereby appropriated $42,254,864 in State funds for the purpose of making AFDC benefit payments.
Provided that for Fiscal 1980, the following maximum benefits and maximum standards of need shall apply:

Number in Asst. Group

Standards of Need

Maximum Monthly Amount

1

$ 106

$ 80

2

161

121

3

193

145

4

227

170

5

260

195

6

282

212

7

305

229

8

324

243

9

341

256

10

365

274

11

390

293

Provided further, that the Department of Human Resources is authorized to calculate all

192

GENERAL ACTS AND RESOLUTIONS, VOL. I

monthly benefit payments utilizing a factor of 75% of the above standard of needs.
Provided, that of the above appropriation, $100,000 is designated and committed to operate the Rome Cerebral Palsy Center.
Provided, however, it is the intent of this General Assembly that no additional group homes or community treatment centers be started with Federal funds without prior approval by the General Assembly of Georgia.
Provided, however, it is the intent of this General Assembly that the rate paid to Dentist for services rendered in the District Dental Clinics shall not exceed twenty-five dollars ($25.00) per hour.
Provided that of the above appropriation relating to Statewide Grants for Pre-natal and Post-natal Care Programs, $3,239,000 is designated and committed for a Statewide program of pre-natal and post-natal care, including all hospitals where such program or programs are providing or shall provide such care.
Provided, that of the above appropriation relating to the Physical Health - Family Health Activity, $40,000 is designated and committed for a grant to Grady Memorial Hospital in Atlanta for the purpose of operating a cystic fibrosis program.
Provided that grants of Federal Title V (Maternal and Child Health - A and B) funds above the amounts anticipated in this appropriation shall be used to improve and expand Physical Health programs and not to supplant State funds in this appropriation.

GEORGIA LAWS 1980 SESSION

Provided, that of the above appropriation, the Department of Human Resources is authorized to provide treatment for eye disorders, provided that treatment for the disability cannot be obtained from other sources.

Provided, further, that the Department of Human Resources is authorized to make monthly advances to Child Care Day Care Centers from funds authorized for this purpose.

Provided further, it is the intent of this General Assembly that AFDC Benefit payments from funds appropriated herein shall be made from the date of certification and not from the date of application.

Provided, of the above appropriation relating to Special Programs, $200,000 is designated and committed for the Georgia Advocacy Program.

Provided further, the Department of Human Resources is authorized to make payments (not to exceed $5,000) to the Georgia Building Authority for the purpose of maintaining the grounds at the Roosevelt Warm Springs Hospital.

To purchase, lease or otherwise acquire or reimburse for the purchase or lease of equipment, or purchase or reimburse for the purchase of drugs and medical treatment of persons with Cystic Fibrosis over the age of 21. Funds shall be expended to those persons qualifying who are not otherwise covered by any other private or publicly funded program and are determined to need support from the State.

B. Budget Unit: State Health Planning

and Development

$

State Health Planning

and Development Budget:

Personal Services

$

7

Regular Operating Expenses

$

193
376,400 644,515
34,485

194

GENERAL ACTS AND RESOLUTIONS, VOL, I

Travel Publications and Printing Equipment Purchases Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Postage Total Funds Budgeted Indirect DO AS Services Funding Agency Funds State Funds Budgeted Total Positions Budgeted Authorized Motor Vehicles

$

41,425

$

6,000

$

9,000

$

15.000

$

43,800

$

24.000

$

191,950

$

12.000

$ 1,022,175

$

-0-

$

645,775

$

376,400

33

0

Budget Unit Object Classes: Personal Services Regular Operating Expenses Travel Publications and Printing Equipment Purchases Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Postage Total Positions Budgeted Authorized Motor Vehicles

$

644,515

$

34,485

$

41,425

$

6,000

$

9,000

$

15.000

$

43,800

$

24.000

$

191,950

$

12.000

33

0

There is hereby appropriated $376,400 in State funds for this budget unit including such amounts as may be transferred from other sections of this Act for salary increases and health insurance.

C. Budget Unit: Community Mental Health/

Mental Retardation Youth

Services and Institutions

$ 201,559,457

L Georgia Regional Hospital at

Augusta Budget: Personal Services

$ 6,232,125

Regular Operating Expenses

$

817,130

GEORGIA LAWS 1980 SESSION

195

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Postage

$

Authority Lease Rentals

$

Capital Outlay

$

Total Funds Budgeted

$

Agency Funds

$

Indirect DO AS Services Funding

$

State Funds Budgeted

$

Total Positions Budgeted

Authorized Motor Vehicles

10,500 54,250
5,000 47,749 60,000
-078,000 210,144 234,000
8,320 387,000
-08,144,218 1,105,568
60,000 6,978,650
484 23

2. Georgia Regional Hospital at

Atlanta Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Postage

$

Capital Outlay

$

Authority Lease Rentals

$

Total Funds Budgeted

$

Agency Funds

$

Indirect DOAS Services Funding

$

State Funds Budgeted

$

Total Positions Budgeted

Authorized Motor Vehicles

7,938,266 1,158,958
14,300 48,440
8,000 66,685 110,000
-097,000 127,125 300,000 10,000 475,603 513,000 10,867,377 1,025,413 93,000 9,748,964
620 25

196

GENERAL ACTS AND RESOLUTIONS, VOL. I

3. Georgia Regional Hospital at

Savannah Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Postage

$

Authority Lease Rentals

$

Capital Outlay

$

Total Funds Budgeted

$

Agency Funds

$

Indirect DOAS Services Funding

$

State Funds Budgeted

$

Total Positions Budgeted

Authorized Motor Vehicles

4. West Central Georgia Regional

Hospital Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Postage

$

Authority Lease Rentals

$

Capital Outlay

$

Total Funds Budgeted

$

Agency Funds

$

Indirect DOAS Services Funding

$

6,369,402 648,548 11,800 38,400 1,100 24,475 100,000 -076,650 98,350 300,000 6,500 500,000 300,000
8,475,225 540,600 85,000
7,849,625 496 22
5,837,177 744,880 12,900 -03,820 8,760 75,000 -068,000 41,825 275,000 10,700 646,500 -0-
7,724,562 448,965 75,000

GEORGIA LAWS 1980 SESSION

197

State Funds Budgeted Total Positions Budgeted Authorized Motor Vehicles

$ 7,200,597 447 25

5. Northwest Georgia Regional Hospital

at Rome Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Postage

$

Capital Outlay

$

Authority Lease Rentals

$

Total Funds Budgeted

$

Agency Funds

$

Indirect DOAS Services Funding

$

State Funds Budgeted

$

Total Positions Budgeted

Authorized Motor Vehicles

7,986,467 995,840 13,928 32,700 1,550 56,950 95,000 -077,000 40,075 783,000 6,700 -0853,500
10,942,710 1,712,550 85,000 9,145,160 642 45

6. Gracewood State School

and Hospital Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Postage

$

Capital Outlay

$

Total Funds Budgeted

$

21,651,001 2,572,960 10,700 25,000 6,500 761,556 60,000 -0208,000 102,945 981,300 13,200 135,000
26,528,162

198

GENERAL ACTS AND RESOLUTIONS, VOL. I

Agency Funds Indirect DOAS Services Funding State Funds Budgeted Total Positions Budgeted Authorized Motor Vehicles

$ 11,383,000

$

155,000

$ 14,990,162

1,887

110

7. Southwestern State Hospital Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Postage

$

Capital Outlay

$

Total Funds Budgeted

$

Agency Funds

$

Indirect DOAS Services Funding

$

State Funds Budgeted

$

Total Positions Budgeted

Authorized Motor Vehicles

13,019,357 1,362,335 17,450 33,000 4,900 167,435 101,300 -0115,900 165,530 724,600 14,000 552,000
16,277,807 2,111,666
90,000 14,076,141
1,136 53

8. Georgia Retardation Center Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Postage

$

Authority Lease Rentals

$

Capital Outlay

$

Total Funds Budgeted

$

1 1,373,701 2,260,535
10,550 16,750 5,450 76,470 135,100
-0127,300 80,060 728,300
7,700 794,000
-015,615,916

GEORGIA LAWS 1980 SESSION

199

Agency Funds Indirect DOAS Services Funding State Funds Budgeted Total Positions Budgeted Authorized Motor Vehicles

$ 6,569,300

$

100,000

$ 8,946,616

901

34

9. Georgia Mental Health

Institute Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Postage

$

Authority Lease Rentals

$

Capital Outlay

$

Total Funds Budgeted

$

Agency Funds

$

Indirect DOAS Services Funding

$

State Funds Budgeted

$

Total Positions Budgeted

Authorized Motor Vehicles

6,574,239 866,810 13,900 21,500 11,610 96,990 97,700 -0156,260 527,695 867,000 11,900 450,000 113,685
9,809,289 627,923 193,000
8,988,366 494 20

10. Central State Hospital Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Postage

$

Authority Lease Rentals

$

53,760,386 7,338,225 24,864 40,200 30,450 217,830 468,800 -0420,000 231,170 3,285,200 42,500 786,000

200

GENERAL ACTS AND RESOLUTIONS, VOL. I

Capital Outlay Total Funds Budgeted Agency Funds Indirect DOAS Services Funding State Funds Budgeted Total Positions Budgeted Authorized Motor Vehicles

$

250,000

$ 66,895,625

$ 13,611,851

$

589,000

$ 52,694,774

4,311

216

11. State Youth Development

Centers Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Postage

$

Capital Outlay

$

Total Funds Budgeted

$

Agency Funds

$

State Funds Budgeted

$

Total Positions Budgeted

Authorized Motor Vehicles

8,718,065 1,154,485
5,500 30,350
3,000 43,580
-0-087,245 114,800 612,315 18,220 15,265 10,802,825 331,640 10,471,185 711 103

12. Regional Youth Development

Centers Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Postage

$

3,975,600 612,525 9,600 -02,000 8,080 -0-044,600 58,200 305,680 7,300

GEORGIA LAWS 1980 SESSION

201

Capital Outlay Grants to County-Owned Detention
Centers Total Funds Budgeted Agency Funds State Funds Budgeted Total Positions Budgeted Authorized Motor Vehicles

$

25,000

$

70,000

$ 5,118,585

$

208,085

$ 4,910,500

351

32

13. Community Mental Health/

Mental Retardation

Services Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Postage

$

Drug Abuse Contracts

$

Day Care Centers for the

Mentally Retarded

$

MR Day Care Center Motor

Vehicle Purchases

$

Developmental Disability

Services Chiefs

$

Group Homes for the

Mentally Retarded

$

Supportive Living Staff

$

Supportive Living Benefits

$

Georgia State Foster

Grandparent/Senior

Companion Program

$

Community Residential

Services Staff

$

Community Residential Services

$

6,262,680 344,303 36,127 -06,095 15,840 -061,200 23,451 235,987 7,080 1,150
1,287,824
33,148,851
759,600
493,592
2,687,612 290,582
1,414,000
374,360
771,882 1,100,000

202

GENERAL ACTS AND RESOLUTIONS, VOL. I

Community Mental Health Center Services
Project Rescue Project ARC Uniform Alcoholism Projects Agency Fund Payments to the
Department of Medical Assistance for Matching Project Georgia Capital Outlay Total Funds Budgeted Title XX Funds Agency Funds State Funds Budgeted Total Positions Budgeted Authorized Motor Vehicles

$ 42,253,956

$

210,347

$

80,000

$

306,710

$

154,343

$

50,000

$

-0-

$ 92,377,572

$ 21,256,410

$ 32,284,010

$ 38,837,152

425

799

Community Mental Health/Mental Retardation Services Functional Budgets

Mental Health Community Assistance

Total Funds State Funds Pos. $ 3,983,569 $ 3,904,569 240

Outdoor Therapeutic Program

$ 464,521 $ 464,521 24

Mental Retardation Community Assistance

$ 1,274,352 $ 1,274,352 69

Central Pharmacy

$

91,638 $

91,638 3

Metro Drug Abuse Centers
Developmental Disability Service Chiefs

$ 868,266 $ 290,810 47 $ 493,592 $ 493,592 0

GEORGIA LAWS 1980 SESSION

203

Day Care Centers for the Mentally Retarded

34,008,527 $ 12,900,917 21

Supportive Living

1,704,582 $ 1,704,582 0

Group Homes for the Mentally Retarded

2,687,612 $ 2,687,612 0

Georgia State Foster Grandparent/Senior Companion Program

374,360 $ 374,360 0

Community Residential Services

1,871,882 $ 1,471,882 0

Project Rescue

$ 210,347 $

61,547 0

Drug Abuse Contracts

$ 1,287,824 $ 205,830 0

Project ARC

80,000 $

80,000 0

Project Georgia

50,000 $

50,000 0

Community Mental Health Center Services

$ 42,619,790 $ 12,474,230 21

Uniform Alcoholism Projects

306,710 $ 306,710 0

Undistributed

-0- $

-0- 0

Total

92,377,572 $ 38,837,152 425

204

GENERAL ACTS AND RESOLUTIONS, VOL. I

14. Community Youth Services Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Postage

$

Child Care Benefits

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

Authorized Motor Vehicles

5,405,885 247,350 262,685 7,000 3,950 7,925 -0226,200 140,690 -027,050 15,830 12,000
6,356,565 6,356,565
386 19

Community Youth Services Functional Budgets

Total Funds State Funds Pos.

Group Homes

$ 428,070

428,070 26

Community Detention

241,630 $ 241,630 9

Day Centers

$ 419,650

419,650 24

Community Treatment Centers

1,370,150 $ 1,370,150 88

Court Services

$ 3,585,075 $ 3,585,075 220

GEORGIA LAWS 1980 SESSION

205

Runaway Apprehension Interstate Compact Undistributed Total

$ 256,240 $ 256,240 16

$

55,750 $

55,750 3

$

-0- $

-0- 0

$ 6,356,565 $ 6,356,565 386

15. Regular Operating Expense Reserve: Regular Operating Expense Total Funds Budgeted State Funds Budgeted
Budget Unit Object Classes: Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Publications and Printing Equipment Purchases Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Utilities Postage Capital Outlay Authority Lease Rentals Grants to County-Owned Detention Centers Drug Abuse Contracts Day Care Centers for the Mentally Retarded MR Day Care Center Motor Vehicle Purchases Developmental Disability Services Chiefs

$

365,000

$

365,000

$

365,000

$ 165,104,351

$ 21,489,884

$

454,804

$

347,590

$

93,425

$ 1,600,325

$ 1,302,900

$

287,400

$ 1,720,096

$ 2,033,906

$ 9,430,525

$

174,020

$ 1,866,553

$ 4,930,000

$

70,000

$ 1,287,824

$ 33,148,851

$

759,600

$

493,592

206

GENERAL ACTS AND RESOLUTIONS, VOL. I

Group Homes for the Mentally Retarded
Supportive Living Staff Supportive Living Benefits Georgia State Foster
Grandparent/Senior Companion Program Community Residential Services Staff Community Residential Services Community Mental Health Center Services Project Rescue Agency Fund Payments to the Department of Medical Assistance for Matching Project ARC Uniform Alcoholism Projects Project Georgia
Child Care Benefits Total Positions Budgeted Authorized Motor Vehicles

$ 2,687,612

$

290,582

$ 1,414,000

$

374,360

$

771,882

$ 1,100,000

$ 42,253,956

$

210,347

$

154,343

$

80,000

$

306,710

$

50.000

$

12.000

13,291

1,526

Provided, that of the above appropriation relating to Community Mental Health Centers, agency income, excluding federal grants where prohibited, shall be expended first to cover expenses for local programs. Surplus funds at the end of the year shall not exceed 60-day collections. Surplus above this limitation shall revert to the State and local governments on a pro rata basis based on contribution of said governments to the program.

Provided, that of the above appropriation relating to Day Training Centers for the Mentally Retarded, the Department is authorized to contract with two additional centers provided that funding is available within the limits of the current appropriation.

GEORGIA LAWS 1980 SESSION

207

Provided, that of the above appropriation relating to Community Residential Services Benefits, the Department is authorized to increase the maximum monthly payments to service providers from $300 to $350 and to supplant State funds with patient collections to reduce the State cost of the program.
Provided, that of the above appropriation relating to Community Mental Health Centers, private gifts and donations, as well as proceeds of local fund raising activities, shall not be required to be budgeted to the Department or to the Office of Planning and Budget.
Provided further, the Department of Human Resources is authorized to increase the number of positions budgeted for the `Right-to-Treatment' program to meet court orders, provided such increase shall not cause expenditures to exceed the funds provided for this program.
Provided, that of the above appropriation relating to Capital Outlay, $250,000 is designated and committed to renovate portions of the Powell Building at Central State Hospital to meet minimum fire marshal safety requirements and provide for other improvements in bathing and sleeping areas.
Provided that the Department is given the flexibility in the Community Residential Services Program to use benefits to contract with private home providers for service or to provide (through local Health Departments) small group living situations for clients; and further provided that these residential services are available to clients residing in the community as well as those returning to their communities from the institution.
Provided further, it is the intent of this General Assembly, the site selection of the group

208

GENERAL ACTS AND RESOLUTIONS, VOL. I

homes contemplated in this appropriation shall be on the basis of need.

Provided, that of the above appropriation relating to Capital Outlay, $135,000 is designated and committed for the planning and design of a 100 bed patient facility at Gracewood State School and Hospital.

Section 28. Department of Industry

and Trade.

A. Budget Unit: Department of Industry

and Trade

$

1. Industry Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

2. Research Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

8,872,364
489,826 8,600
31,000 -0-
6.500 1,200
-0-0-01.500 538,626 538,626 23
255,832 5.500 2.500 -0-
35,600 -0-
3,200 -0-0-
17,300 319,932 319,932
15

GEORGIA LAWS 1980 SESSION

209

3. Tourism - Promotional Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Historic Chattahoochee

Commission Contract

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

4. Tourist - Welcome Centers Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Capital Outlay

$

Local Welcome Centers

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

5. Internal Administration Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

482,122 68,500 42,000 -0-
225,000 2,050
25,000 -0-0-
113,370
35,000 993,042 993,042
29
904,973 230,200
32,800 -0-0-
21,550 -0-0-
6,918 47,762 36,000 85,230 1,365,433 1,349,433
92
468,181 208,225
18,000 16,000 45,000
1,000 5,000 156,000

210

GENERAL ACTS AND RESOLUTIONS, VOL. I

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Georgia Ports Authority -

Authority Lease Rentals

$

Georgia Ports Authority -

General Obligation Bond

Payments

$

Georgia World Congress Center -

Operations

$

Georgia World Congress Center -

Expansion Study Contract

$

Atlanta Council for

International Visitors

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

6. International Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

7. Advertising Budget:

Advertising

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

Budget Unit Object Classes:

Personal Services

$

Regular Operating Expenses

$

Travel

$

109,248 15,000
202,000
2,790,000
500.000
460.000
50.000
10.000 5.053.654 3.763.654
25
189,077 36,200 35.000 -022.000 1,000 18,000 34,900 15,000
208,500 559,677 559,677
9
1,348,000 1,348,000 1,348,000
0
2,790,011 557,225 161,300

GEORGIA LAWS 1980 SESSION

211

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Capital Outlay

$

Local Welcome Center Contracts

$

Advertising

$

Georgia Ports Authority -

Authority Lease Rentals

$

Georgia Ports Authority -

General Obligation Bond

Payments

$

Georgia World Congress Center -

Operations

$

Georgia World Congress Center -

Expansion Study Contract

$

Historic Chattahoochee

Commission Contract

$

Atlanta Council for

International Visitors

$

Total Positions Budgeted

Authorized Motor Vehicles

For general administrative cost of operating the Department of Industry and Trade, including advertising expense.

B. Budget Unit: Authorities

$

1. Georgia World Congress Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

16,000 334,100
26,800 51,200 190,900 131,166 403,432 202,000 36,000 85,230 1.348.000
2.790.000
500.000
460.000
50.000
35.000
10.000 193 21
-0-
2,169,636 900,427 15.000 -014.000 40.000 900 -037,500 150,000

212

GENERAL ACTS AND RESOLUTIONS, VOL. I

Expansion Study Contract Repayment of F.Y. 1979 Capital
Outlay Appropriation Total Funds Budgeted State Funds Budgeted Total Positions Budgeted

$

50,000

$

50,000

$ 3,427,463

$

-0-

116

2. Georgia Ports Authority Budget: Personal Services Regular Operating Expenses and Computer Charges Travel Motor Vehicle Equipment Purchases, Equipment Purchases and Capital Outlay Publications and Printing Repayments for State General Obligation Bonds and Authority Lease Rental Obligations Per Diem, Fees and Contracts Other Debt-Service Payments Total Funds Budgeted State Funds Budgeted Total Positions Budgeted

$ 16,595,408

$ 6,377,347

$

279,643

$ 6,208,718

$

57,595

$ 1,290,000

$

348,803

$ 1,003,664

$ 32,161,178

$

-0-

772

Budget Unit Object Classes:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Expansion Study Contract

$

Repayment of F.Y. 1979 Capital

Outlay Appropriation

$

Regular Operating Expenses,

Computer Charges

$

18,765,044 900,427 294,643 -071,595 40,000 900 -037,500 498,803 50,000
50,000
6,377,347

GEORGIA LAWS 1980 SESSION

213

Motor Vehicle Equipment

Purchases, Equipment Purchases

and Capital Outlay

$

Repayments for State General

Obligation Bonds and Authority

Lease Rental Obligations

$

Other Debt-Service Payments

$

Total Positions Budgeted

Authorized Motor Vehicles

It is the intent of this General Assembly that to the extent that gross income from operations exceeds the amount contemplated in this Appropriations Act, such excess may be applied toward the cost of operations and excess cost of authorized planning of new facilities, provided that budget amendments reflecting such proposed applications are provided to the Office of Planning and Budget and the Legislative Budget Office at least two weeks prior to such application of funds.

It is the intent of this General Assembly that the World Congress Center Authority repay, by direct remittance to the State Treasury during the next twenty years, the full amount of Capital Outlay authorized in the Fiscal 1978 appropria1 tions bill, such repayments to begin no later than Fiscal 1980. Provided, further, that such payments in any year shall not exceed the net operating revenues derived from the operation of the parking and truck-marshalling facilities contemplated in such Capital Outlay appropriation.

It is the intent of this General Assembly that to the greatest extent feasible, the Georgia Ports Authority utilize existing surplus funds for payments to bond trustees for unmatured issues.

Section 29. Department of Labor.

A. Budget Unit: Inspection Division

$

6,208,718 1,290,000 1,003,664
888 36
574,470

214

GENERAL ACTS AND RESOLUTIONS, VOL. I

Inspection Division Budget:

Personal Services

. $

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

470,194 8,996
78,000 -0-
3,500 200 -0-
7,591 4,989 1,000 574,470 574,470
27

Budget Unit Object Classes:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Positions Budgeted

470,194 8,996
78,000 -0-
3,500 200 -0-
7,591 4,989 1,000
27

B. Budget Unit: Basic Employment, Work

Incentive, Correctional

Services and Comprehensive

Employment and Training

$

2,528,390

1. Basic Employment Security

and W.I.N. Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

30,521,794 2,711,383 765,000 -021,000 1,015,000 814,000 1,599,345

GEORGIA LAWS 1980 SESSION

215

Telecommunications Per Diem, Fees and Contracts W.I.N. Grants Capital Outlay Total Funds Budgeted State Funds Budgeted Total Positions Budgeted

$

776,000

$ 3,494,750

$ 1,000,000

$

-0-

$ 42,718,272

$ 1,277,402

1,632

2. Comprehensive Employment and Training Act (CETA) Budget:
Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment
Purchases Publications and Printing Equipment Purchases Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and
Contracts (CETA) CETA Direct Benefits Total Funds Budgeted State Funds Budgeted Total Positions Budgeted

$ 8,769,386

$ 2,068,106

$

390,000

$

-0-

$

15,000

$

150,000

$

220,000

$

338,000

$

220,000

$

500,000

$ 100,000,000

$ 1 12,670,492

$

-0-

450

3. Correctional Services Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

1,119,562 30,692 25,000 -0500 500 475 35,793 13,466 25,000
1,250,988 1,250,988
62

216

GENERAL ACTS AND RESOLUTIONS, VOL. I

Budget Unit Object Classes: Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Publications and Printing Equipment Purchases Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts (CETA) Per Diem, Fees and Contracts W.I.N. Grants CETA Direct Benefits Capital Outlay Total Positions Budgeted Authorized Motor Vehicles

$ 40,410,742 $ 4,810,181 $ 1,180,000

$

-0-

$

36,500

$ 1,165,500

$ 1,034,475

$ 1,973,138

$ 1,009,466

$

500,000

$ 3,519,750

$ 1,000,000

$ 100,000,000

$

-0-

2,144

0

Section 30. Department of Law.

Budget Unit: Department of Law

$

Attorney General's Office Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Books for State Library

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Capital Outlay

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

3,330,545
2,794,896 163,536 75,000 -030,000 11,500 295 42,000 274,454 66,064 30,000 -0-
3,487,745 3,330,545
113

Budget Unit Object Classes: Personal Services Regular Operating Expenses Travel

$ 2,794,896

$

163,536

$

75,000

GEORGIA LAWS 1980 SESSION

217

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Books for State Library

$

Capital Outlay

$

Total Positions Budgeted

Authorized Motor Vehicles

_o. 30,000 11,500
295 274,454
66,064 30,000 42,000
-0113
1

For the cost of operating the Department of Law provided that the compensation of all Assistant Attorneys General, Deputy Assistant Attorneys General, all law clerks, stenographic help, necessary to carry on the legal duties of the State, required of the Department of Law, or any agency of the State in the Executive Branch of State Government, shall be paid from this fund. No other agency is authorized to expend funds appropriated or otherwise available from any source for the support and maintenance of the respective agency for the purpose for which provision is made in this item, unless payment is for reimbursement to the Department of Law as provided by law.

Provided, however, that of the above appropriation relative to regular operating expenses, $38,000 is designated and committed for Court Reporter Fees.

Section 31. Department of

Medical Assistance.

Budget Unit: Medicaid Services

$

1. Commissioner's Office Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

153,741,109
425,515 34,045 30,000 -01,400 700

218

GENERAL ACTS AND RESOLUTIONS, VOL. I

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

2. Administration Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

3. Program Management Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Audits Contracts

$

Contract with Georgia Medical

Care Foundation

$

Total Funds Budgeted

$

-029,086 12,000 53,870
2,400 589,016 266,031
20
817,060 79,703 8,000 -024,000 8,420 -090,679 35,994
217,000 24,000
1,304,856 576,638 57
867,178 65,993 11,120 -032,150 9,365 -042,882 42.000 84,520 15.000
566,000
1,329,000 3,065,208

GEORGIA LAWS 1980 SESSION

219

State Funds Budgeted Total Positions Budgeted

$ 1,351,804 52

4. Operations Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

.$

Total Funds Budgeted

$

Indirect DOAS Services Funding

$

Agency Funds

$

State Funds Budgeted

$

Total Positions Budgeted

1,761,834 135,733 37,000 -012,300 14,196
5,802,000 115,754 123,280 -0675,700
8,677,797 1,000,000 6,399,161 1,278,636
139

5. Benefits Payments Budget: Medicaid Benefits Payments to Counties for Mental Health Adult Emergency Dental Services Total Funds Budgeted Agency Funds Agency Funds from Community Mental Health Centers State Funds Budgeted Total Positions Budgeted

$ 471,809,060

$ 5,500,000 $ 2,500,000 $ 479,809,060 $ 329,386,717

$

154,343

$ 150,268,000

0

Budget Unit Object Classes: Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Publications and Printing Equipment Purchases Computer Charges Real Estate Rentals

$ 3,871,587

$

315,474

$

86,120

$

-0-

$

69,850

$

32,681

$ 5,802,000

$

278,401

220

GENERAL ACTS AND RESOLUTIONS, VOL. I

Telecommunications Per Diem, Fees and Contracts Postage Medicaid Benefits Payments to Counties for
Mental Health Adult Emergency Dental Services Audits Contracts Contract with Georgia
Medical Care Foundation Total Positions Budgeted Authorized Motor Vehicles
It is the intent of this General Assembly that with regard to the above appropriation for Adult Emergency Dental Services, treatment of mandibular and maxillary fractures and dislocations be among the services contemplated in this appropriation, but that payment for restorative dental services and orthodontic services shall not generally be made from this appropriation.
Provided, however, the Department is authorized and directed to retain all prior years' benefit appropriations in reserve for twenty-four months after the end of the respective fiscal years to which such appropriations were made, and such reserves shall not be subject to lapse.
Section 32. Merit System of Personnel Administration.
Budget Unit: Merit System of Personnel Administration Agency Assessments
1. Applicant Services Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases . . . . Publications and Printing Equipment Purchases Computer Charges Real Estate Rentals

213,274 355,390 717,100 471,809,060 5.500.000 2.500.000 566,000 1.329.000
268 5
3,560,939 614,730 15,690 10,270 -041,500 4,191 437,856 -0-

GEORGIA LAWS 1980 SESSION

221

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Total Funds Budgeted

$

Agency Assessments

$

Total Positions Budgeted

2. Classification and Compensation

Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Total Funds Budgeted

$

Agency Assessments

$

Total Positions Budgeted

3. Program Evaluation and Audit Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Total Funds Budgeted

$

Agency Assessments

$

Total Positions Budgeted

13,040 17,618 67,200 1,222,095 1,219,237
41
320,183 3,981 3,700 -07,470 810
140,952 -0-
5.000 7.000 2,200 491,296 485,865
20
240,592 4,880 1,200 -01,000 14,750
208,597 -0-
4,200 -0-
950 476,169 467,268
14

222

GENERAL ACTS AND RESOLUTIONS, VOL. I

4. Employee Training and

Development Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Total Funds Budgeted

$

Agency Assessments

$

Total Positions Budgeted

5. Health Insurance

Administration Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Total Funds Budgeted

$

Other Health Insurance

Agency Funds

$

Employer and Employee

Contributions

$

Total Positions Budgeted

6. Health Insurance Claims Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

315,146 15,920 15,025 -09,870 1,200 25,661 -05,390 90,000 2,500
480,712 413,577
19
328,691 10,366 3,500 -06,800 1,812
114,418 22,455 25,228 2,430,692 22,000 2,965,962
-0-
2,965,962 22
-0-0-0-0-

GEORGIA LAWS 1980 SESSION

223

Publications and Printing Equipment Purchases Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Postage Health Insurance Claims Total Funds Budgeted Other Health Insurance
Agency Funds Employer and Employee
Contributions Total Positions Budgeted

$

-0-

$

-0-

$

-0-

$

-0-

$

-0-

$

-0-

$

-0-

$ 75,470,000

$ 75,470,000

$

-0-

$ 75,470,000 0

7. Internal Administration Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Federal Sub-grants to

State and Local Agencies

$

Total Funds Budgeted

$

Agency Assessments

$

Employer and Employee Contributions . . $

Total Positions Budgeted

480,042 9,825 1,600 -05,600 2,025
47,379 -0-
6,553 2,700 4,500
335,385 895,609 435,523
79,985 33

8. Commissioner's Office Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

321,362 15,013 7,100 -016,695 2,400 -0-
166,923

224

GENERAL ACTS AND RESOLUTIONS, VOL. I

Telecommunications Per Diem, Fees and Contracts Postage Total Funds Budgeted Agency Assessments Total Positions Budgeted

$

5,912

$

34,605

$

3,350

$

573,360

$

539,469

15

Budget Unit Object Classes:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Federal Sub-grants to

State and Local Agencies

$

Health Insurance Claim Payments

$

Total Positions Budgeted

Authorized Motor Vehicles

2,620,746 75,675 42,395 -088,935 27,188
974,863 189,378 65,323 2,582,615 102,700
335,385 75,470,000
164 0

Provided, that it is the intent of this General Assembly that the employee rate paid by the State for Teachers Health Insurance shall be for State allotted teachers, and the base for this payment shall be the eligible salary for teachers according to the Teacher Salary Index, before the assignment of Required Local Effort.

Section 33. Department of Natural

Resources.

A. Budget Unit: Department of Natural

Resources

$

1. Internal Administration Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

45,877,784
1,659,791 179,095 25,249 4,975 203,491

GEORGIA LAWS 1980 SESSION

225

Equipment Purchases Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Postage Capital Outlay - Heritage Trust Total Funds Budgeted State Funds Budgeted Total Positions Budgeted

2. Game and Fish Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Publications and Printing Equipment Purchases Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Postage Capital Outlay - Hatchery Renovation Capital Outlay - Repairs and Maintenance Capital Outlay Grants to Local Governments Total Funds Budgeted State Funds Budgeted Total Positions Budgeted

3. Parks, Recreation and

Historic Sites Budget:

Personal Services

Regular Operating Expenses

Travel

Motor Vehicle Equipment

Purchases

Publications and Printing

s

Equipment Purchases

$

7,800

$

152,900

$

132,123

$

68,000

$

42,500

$

89,132

$ 2,425,000

$ 4,990,056

$ 4,990,056

92

$ 7,973,196

$ 2,443,366

$

91,625

$

808,232

$

30,500

$

417,302

$

37,562

$

40,021

$

170,893

$

104,990

$

59,416

$

7,000

$

179,767

$

33,900

$

110,000

$ 12,507,770

$ 10,478,059

449

$ 6,597,199

$ 3,004,093

$

112,937

$

169,500

$

126,000

$

201,866

226

GENERAL ACTS AND RESOLUTIONS, VOL. I

Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Postage Capital Outlay Capital Outlay - Repairs
and Maintenance Capital Outlay - Shop Stock Cost of Material for Resale Authority Lease Rentals Land and Water Conservation
Grants Recreation Grants YACC and YCC Grants Contract - Special Olympics, Inc Georgia Sports Hall of Fame Total Funds Budgeted State Funds Budgeted Total Positions Budgeted
4. Environmental Protection Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Publications and Printing Equipment Purchases Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Postage Solid Waste Grants Water and Sewer Grants Contract with U.S. Geological Survey for Ground Water Resources Survey Topographic Mapping U.S. Geological Survey Total Funds Budgeted

$

50,430

$

103,452

$

197,253

$

210,000

$

50,550

$

765,000

$

782,000

$

200,000

$

629,304

$ 2,533,000

$ 8,873,000

$

290,000

$

100,000

$

93,000

$

70,000

$ 25,158,584

$ 12,423,107

393

$ 6,776,095

$

544,186

$

281,500

$

53,345

$

79,200

$

95,600

$

204,780

$

368,486

$

144,363

$ 1,063,849

$

35,992

$ 2,500,000

$ 6,000,000

$

198,855

$

125,000

$ 18,471,251

GEORGIA LAWS 1980 SESSION

227

State Funds Budgeted

$

Total Positions Budgeted

5. Dam Safety Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

6. Coastal Resources Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Capital Outlay

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

7. Lake Lanier Islands Development

Authority Budget:

Payments to Lake Lanier Islands

Development Authority for

Operations

$

15,053,552 335
97,103 13,440 8,000
-02,500 2,255
-06,000 2,000 78,000 209,298 209,298
5
630,440 162,443
19,732 17,115 29,800 14,294 11,420
-024,612 17,300
9,705 10,000 946,861 734,382
27
448,722

228

GENERAL ACTS AND RESOLUTIONS, VOL. I

Payments to Lake Lanier Islands Development Authority for Capital Outlay
Total Funds Budgeted State Funds Budgeted Total Positions Budgeted

$ 1,540,608 $ 1,989,330 $ 1,989,330
0

8. Jekyll Island State Park

Authority Budget:

Payments to Jekyll Island State

Park Authority for Operations

$

-0-

Payments to Jekyll Island State

Park Authority for Capital Outlay.... $

-0-

Total Funds Budgeted

$

-0-

State Funds Budgeted

$

-0-

Total Positions Budgeted

0

9. Stone Mountain Memorial Association Budget:
Payments to Stone Mountain Memorial Association
Total Funds Budgeted State Funds Budgeted Total Positions Budgeted

$

-0-

$

-0-

$

-0-

0

Budget Unit Object Classes: Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Publications and Printing Equipment Purchases Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Postage Land and Water Conservation Grants Recreation Grants

$ 23,733,824

$ 6,346,623

$

539,043

$ 1,053,167

$

471,491

$

739,117

$

457,092

$

650,082

$

607,121

$ 1,516,639

$

244,795

$ 8,873,000

$

290,000

GEORGIA LAWS 1980 SESSION

229

Young Adult Conservation Corps

and Youth Conservation Corps

Grants

$

Water and Sewer Grants

$

Solid Waste Grants

$

Contract with U. S. Geological

Survey for Ground Water

Resources Survey

$

Contract with U.S. Geological

Survey for Topographic Maps

$

Capital Outlay - Hatchery

Renovation

$

Capital Outlay

$

Capital Outlay - Repairs

and Maintenance

$

Capital Outlay - Shop Stock

$

Capital Outlay - Heritage Trust

$

Authority Lease Rentals

$

Cost of Material for Resale

$

Payments to Lake Lanier

Islands Development Authority

for Operations

$

Payments to Lake Lanier

Islands Development Authority

for Capital Outlay

$

Payments to Jekyll Island State

Park Authority for Operations

$

Payments to Jekyll Island State

Park Authority for Capital

Outlay

$

Contract - Special Olympics,

Inc

$

Payment to Stone Mountain

Memorial Association

$

Grants to Local Governments

$

Georgia Sports Hall of Fame

$

Total Positions Budgeted

Authorized Motor Vehicles

Provided, that no land shall be purchased for State park purposes from funds appropriated under this Section or from any other funds with-

100,000 6,000,000 2,500,000
198,855
125.000
7,000 808,900
961,767 200.000 2.425.000 2.533.000 629,304
448,722
1,540,608
-0-
-0-
93.000
-0110,000 70.000
1,301 986

230

GENERAL ACTS AND RESOLUTIONS, VOL. I

out the approval of the State Properties Control Commission, except that land specifically provided for in this Section.

Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Department of Natural Resources is authorized and directed to use the excess receipts for repairs and maintenance of State Parks and Historic Sites facilities.

Provided, that of the above appropriation, $93,000 is designated and committed for matching a minimum of $93,000 from other sources for the Georgia Special Olympics Program.

Provided, however, that $1,000,000 of the above appropriation for Water and Sewer Grants shall be available for allotment for counties and municipalities having reached legally established bond capacity, and that $5,000,000 is designated and committed for grants to local governments for water and sewer projects utilizing a maximum State match of 50% of the total cost of each project. Provided, further that no allocation of funds for this purpose shall be made prior to the official approval thereof by the Board of Natural Resources.

Provided, that of the above appropriation $30,000 in State funds is designated and committed for the mandated Hunter Safety program as provided for in Georgia Laws 1484 of 1978. It is the intent of this General Assembly that federal funds available for this program shall be utilized to the maximum extent possible.

B. Budget Unit: Authorities

$

1. Lake Lanier Islands Development

Authority Budget:

Personal Services

$

Regular Operating Expenses

$

-0-
915,379 359,222

GEORGIA LAWS 1980 SESSION

231

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Capital Outlay

$

Campground Sinking Fund

$

Promotion Expenses

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

2. Jekyll Island State Park

Authority Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Mortgage Payments

$

Capital Outlay

$

Promotion Expenses

$

Total Funds Budgeted

$

Total Positions Budgeted

Budget Unit Object Classes:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

3,500 5,845 27,640 21,060
-0-015,000 27,240 1,699,768 7,195 -03,081,849 -055
2,124,197 1,077,600
8,000 25,200 25,000 28,842
6,000 7,490 22,800 50,000
-046,000
-03,421,129
220
3,039,576 1,436,822
11,500 31,045 52,640 49,902
6,000 7,490 37,800

232

GENERAL ACTS AND RESOLUTIONS, VOL. I

Per Diem, Fees and Contracts Capital Outlay Promotion Expense Campground Sinking Fund Mortgage Payments Total Positions Budgeted Authorized Motor Vehicles

$

77,240

$ 1,745,768

$

-0-

$

7,195

$

-0-

275

91

It is the intent of this General Assembly that Lake Lanier Islands Development Authority shall not be free to borrow money until the Authority requests and obtains the approval of the Georgia State Financing and Investment Commission.

Section 34. Department of Offender

Rehabilitation.

A. Budget Unit: Department of Offender

Rehabilitation

. . $

L General Administration and

Support Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

88,500,134
3,528,149 204,733 83,500 -0-013,562 370,127 213.000 135.000 350,350 -0-
4,898,421 4,898,421
211

2. Georgia Training and Development

Center Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

1,003,765 100,320 1,000 -0-010,800

GEORGIA LAWS 1980 SESSION

233

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

3. Georgia Industrial Institute

Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

4. Alto Education and Evaluation

Center Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

-0-010,600 18,600 84,800 1,229,885 1,229,885 68
3,547,211 432,340 6,400 -0-040,000 -035 33,000 6,192 325,000
4,390,178 4,390,178
260
958,830 67,546 4,000 -0-020,000 -0-04,000 -0-0-
1,054,376 833,890 51

234

GENERAL ACTS AND RESOLUTIONS, VOL. I

5. Georgia Diagnostic and

Classification Center Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

3,786,964 462,758 2,300 -0-036.000 -0-035.000 12,100 300,000
4,635,122 4,635,122
288

6. Georgia State Prison Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Publications and Printing Equipment Purchases Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Utilities Capital Outlay Total Funds Budgeted State Funds Budgeted Total Positions Budgeted

$ 7,883,337

$

952,530

$

6,500

$

-0-

$

-0-

$

88,205

$

-0-

$

-0-

$

54.000

$

44.000

$

825.000

$

741.000

$ 10.594.572

$ 10.569.572

611

7. Consolidated Branches Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

3,616,150 427,096 6,000 -0-050,000 -0-

GEORGIA LAWS 1980 SESSION

235

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

8. Lee Correctional Institution

Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

9. Montgomery Correctional

Institution Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Capital Outlay

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

22,200 46,200 80,000 280,000 4,527,646 4,247,646
269
1,210,541 147,841 2,000 -0-012,000 -0-09,500 8,700 135,000
1,525,582 1,525,582
110
870,558 125,450
1,600 -0-0-
3,370 -0-0-
14,500 13,600 89,000 30,000 1,148,078 1,132,078
61

236

GENERAL ACTS AND RESOLUTIONS, VOL. I

10. Walker Correctional

Institution Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

11. Georgia Women's Correctional

Institution Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

. $

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

12. West Georgia Community

Correctional Center Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

860,698 129,716
2,400 -0-0-
6,600 -0-0-
16,100 10,500 93,000 1,119,014 1,109,014
64
1,528,084 175,577 2,000 -0-02,000 -01,320 14,400 6,240 165,000
1,894,621 1,894,621
120
1,779,981 187,422 2,000 -0-04,000 -0-

GEORGIA LAWS 1980 SESSION

237

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

13. Georgia Earned Release

Correctional Center Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Payments to Central State

Hospital for Utilities

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

14. Macon Community Correctional

Center Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Total Funds Budgeted

$

-012,000 17,400 180,000 2,182,803 2,182,803
136
2,764,717 288,000 2,000 -0-021,060 -0660 32,000 12,000 -0-
250,000 3,370,437 3,370,437
215
1,654,337 203,876 2,000 -0-05,000 -0-012,500 9,900 144,000
2,031,613

238

GENERAL ACTS AND RESOLUTIONS, VOL. I

State Funds Budgeted

$

Total Positions Budgeted

15. Washington Correctional

Institution Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Payments to Central State

Hospital for Utilities

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

16. Metro Community Correctional

Center Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Capital Outlay

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

2,031,613 132
1,599,468 161,359 2,000 -0-09,500 -0-023,000 15,000 -0-
112,000 1,922,327 1,922,327
120
15,000 189,695
-099,000
-0543,470
-0-0-0-0-0396,500 1,243,665 1,243,665
6

GEORGIA LAWS 1980 SESSION

239

17. Savannah Community

Correctional Center Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Capital Outlay

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

18. Central Institutional

Administration Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

19. Central Funds Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

-0224,070
-066,900
-0187,065
-0-0-0-0-0212,500 690,535 690,535
0
370,960 26,725 20,000 -0-0-0-04,200 16,500 -0-0-
438,385 438,385
17
33,822 88,918 20,000 495,300 125,000 420,719

240

GENERAL ACTS AND RESOLUTIONS, VOL. I

Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Utilities Authority Lease Rentals Overtime Court Costs Inmate Release Funds County Subsidy County Subsidy for Jails Outside Health Service Purchases Central Repair Fund Payments to Talmadge
Memorial Hospital Payments to Central State
Hospital for Medical Services Capital Outlay Total Funds Budgeted State Funds Budgeted Total Positions Budgeted

$

-0-

$

-0-

$

-0-

$

104,870

$

-0-

$

840,000

$

30,000

$

350,000

$

420,000

$ 4,667,500

$

372,500

$

612,000

$

500,000

$ 1,004,000

$ 1,300,000 $ 6,593,747 $ 17,978,376 $ 17,818,376
0

20. Training and Staff Development

Center Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

328,064 64,459 44,700 -0-04,425 -025,200 7,250 -08,700
482,798 303,546
23

21. D.O.T. Work Details Budget: Personal Services Regular Operating Expenses Travel

$

372,019

$

8,632

$

-0-

GEORGIA LAWS 1980 SESSION

241

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

22. Food Processing and

Distribution Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Capital Outlay

$

Payments to Central State

Hospital for Meals

$

Payments to Central State

Hospital for Utilities

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

23. Farm Operations Budget:

Personal Services

$

Regular Operating Expenses

$

T ravel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

-0-0-0-0-0-0-0-0380,651 -026
1,458,503 3,004,310
3,200 -0-0-
210,000 -0-0-
5,000 -0-0-
560,000
1,200,313
25,000 6,466,326 6,045,082
131
427,270 2,234,249
-0-0-0102,530 -0-0-

242

GENERAL ACTS AND RESOLUTIONS, VOL. I

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Capital Outlay

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

24. Probation Operations Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

25. Pre-release Centers Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Capital Outlay

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

-06,000
-0-02,770,049 2,745,049 28
8,002,104 216,320 278,400 204,000 -072,925 -0176,500 150,800 -06,000
9,107,049 9,107,049
556
1,347,162 133,895 8,500 -0-07,280 -0240,000 22,000 19,700 154,000 20,000
1,952,537 1,952,537
103

GEORGIA LAWS 1980 SESSION

243

26. Restitution/Adjustment

Centers Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

1,698,057 155,112 15,000 -0-014,475 -0230,000 33,200 13,200 106,600
2,265,644 2,013,144
133

27. Andromeda Center Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

214,100 59,156 2,950 -0-0-0-029,000 3,800 9,900 20,650
339,556 169,577
16

Budget Unit Object Classes: Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Publications and Printing Equipment Purchases Computer Charges

$ 50,859,851

$ 10,472,105

$

518,450

$

865,200

$

125,000

$ 1,884,986

$

370,127

244

GENERAL ACTS AND RESOLUTIONS, VOL. I

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Payments to Central State

Hospital for Meals

$

Payments to Central State

Hospital for Utilities

$

Overtime

$

Court Costs

$

Inmate Release Funds

$

County Subsidy

$

County Subsidy for Jails

$

Outside Health Service Purchases

$

Payments to Talmadge

Memorial Hospital

$

Central Repair Fund

$

Payments to Central State

Hospital for Medical Services

$

Authority Lease Rentals

$

Capital Outlay

$

Total Positions Budgeted

Authorized Motor Vehicles

Provided, that of the above appropriation relating to the Central Repair Fund, $100,000 is designated and committed for repairs and maintenance on the State-owned staff housing units located at the various correctional institutions.

It is the intent of this General Assembly that, with respect to the Legal Services Program for inmates, lawyers, law students and/or employees be prohibited from soliciting for filing of writs.

It is the intent of this General Assembly that the department not start any new community center programs with Federal funds without the prior approval of the General Assembly of Georgia.

942,115 690,350 758,252 2,916,750
1,200,313
387.000 30,000
350.000 420.000 4,667,500 372,500 612.000
1.004.000 500.000
1.300.000 840.000
8,553,747 3,755 460

GEORGIA LAWS 1980 SESSION

245

It is the intent of this General Assembly that funds appropriated for county subsidy may be used to either supplement or supplant county funds, at the option of each county.

B. Budget Unit: Board of Pardons and

Paroles

$

Board of Pardons and Paroles Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

County Jail Subsidy

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

Budget Unit Object Classes:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

County Jail Subsidy

$

Total Positions Budgeted

Authorized Motor Vehicles

C. Budget Unit: Georgia Correctional

Industries

$

Georgia Correctional Industries Budget:

Personal Services

$

Regular Operating Expenses

$

3,596,316
3,135,958 77,277
174,000 -0-
12,600 29,337
-082,971 68,120 22,190 18,250 3,620,703 3,596,316
205
3,135,958 77,277 174,000 -012,600 29,337 -082,971 68,120 22,190 18,250 205 2
-0-
1,103,788 485,650

246

GENERAL ACTS AND RESOLUTIONS, VOL. I

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Cost of Sales

$

Repayment of Prior Year's

Appropriations

$

Capital Outlay

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

27,000 27,500 13,450 450,000
2,400 19,000 34,000 25,400 6,800,000
40,000 418,512 9,446,700
-066

Budget Unit Object Classes:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Cost of Sales

$

Repayment of Prior Year's

Appropriations

$

Capital Outlay

$

Total Positions Budgeted

Authorized Motor Vehicles

1,103,788 485,650 27,000 27,500 13,450 450,000 2,400 19,000 34,000 25,400
6,800,000
40,000 418,512
66 16

Section 35. Department of Public Safety.

Budget Unit: Department of Public

Safety

..$

1. Office of Highway Safety Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

38,521,089
299,260 17,181 17J000 -06,150

GEORGIA LAWS 1980 SESSION

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

2. Administration Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

3. Administrative Management Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Total Funds Budgeted

$

Indirect DOAS Services Funding

$

State Funds Budgeted

$

Total Positions Budgeted

247
1,950 11,000 27,805 12,415
-04,500 397,261 105,000
16
159,566 34,212
755 20,736
7,150 1,612
-0-023,762 2,000 93 249,886 239,886
8
540,864 61,168 4,712 13,824 23,207 1,168
255,522 -0-
18,467 1,225 -0-
920,157 250,245 654,912
38

248

GENERAL ACTS AND RESOLUTIONS, VOL. I

4. Driver Support Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment

Purchases

$

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Conviction Reports

$

Capital Outlay

$

Total Funds Budgeted

$

Indirect DOAS Services Funding

$

State Funds Budgeted

$

Total Positions Budgeted

5. Personnel and Training Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

6. Fiscal Management Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

2,454,156 116,003 6,116
435,456 721,077
7,470 1,630,426
2,880 55,675 10,556 288,000 170,000
-05,897,815 1,249,755 4,642,060
157
569,059 66,897 69,629 158,976 5,000 5,846 -0-024,582 50,000 186
950,175 858,175
35
738,612 634,394
2,150 34,560 64,119
3,566

GEORGIA LAWS 1980 SESSION

249

Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Postage Total Funds Budgeted State Funds Budgeted Total Positions Budgeted

$

21,958

$

-0-

$

29,812

$

2,770

$

108,000

$ 1,639,941

$ 1,639,941

49

7. Field Operations Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Publications and Printing Equipment Purchases Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Postage Capital Outlay Total Funds Budgeted State Funds Budgeted Total Positions Budgeted

$ 20,250,434

$ 3,264,422

$

64,671

. $ 2,867,680

$

1,447

$

454,706

$

-0-

$

5,214

$

520,466

$

8,449

$

24,625

$

30,500

$ 27,492,614

$ 27,387,172

1,061

8. Georgia Peace Officer Standards

and Training Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Total Funds Budgeted

$

466,315 1,721,585
25,700 -0-
20,658 -0-
54,583 32,262 15,520 58,980
3,000 2,398,603

250

GENERAL ACTS AND RESOLUTIONS, VOL. I

State Funds Budgeted

$

Total Positions Budgeted

9. Police Academy:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

10. Fire Academy:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

11. Georgia Firefighter Standards and

Training Council Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

2,077,756 24
349,180 124,064
5,000 -0-
9,000 18,200
-0-08,345 146,015 1,500 661,304 411,304 16
189,811 32,497 10,500 37,075
2,500 42,481
-016,582 4,776 70,000 3,000 409,222 386,022
12
83,513 5,800 8,300 -03,500
11,000

GEORGIA LAWS 1980 SESSION

251

Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Postage Total Funds Budgeted State Funds Budgeted Total Positions Budgeted

$

-0-

$

1,500

$

1,648

$

3,000

$

600

$

118,861

$

118,861

4

12. Organized Crime Prevention

Council Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

75,405 8,261 2,665
10,600 1,700 200 -04,379 2,544 2,400 -0-
108,154 -03

Budget Unit Object Classes: Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Publications and Printing Equipment Purchases Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Postage Conviction Reports

$ 26,176,175

$ 6,086,484

$

217,198

$ 3,578,907

$

865,508

$

548,199

$ 1,973,489

$

90,622

$

718,012

$

355,395

$

433,504

$

170,000

252

GENERAL ACTS AND RESOLUTIONS, VOL. I

Capital Outlay

$

Total Positions Budgeted

Authorized Motor Vehicles

Provided, that the Director of the Department of Public Safety is hereby authorized to pay dues for Georgia's portion of the cost of the membership in the Vehicle Equipment Safety Compact, the American Association of Motor Vehicle Administrators, and the International Association of Chiefs of Police (State and Provincial Police).

Provided, however, that of the above appropriation for Conviction Reports, payment for conviction reports is not to exceed $.25 per conviction report.

Provided that to the extent that Federal Funds are realized in excess of the amounts of such funds contemplated in the Georgia Peace Officers Standards and Training Activity of this Act, the Office of Planning and Budget is authorized and directed to supplant State Funds appropriated herein. Provided further that such supplantation shall not be implemented if so doing would cause any portion of the anticipated Federal Funds not to be realized. This provision shall not apply to project grants.

It is the intent of this General Assembly that for the purpose of purchasing Police Pursuit Motor Vehicles, the Department of Public Safety is hereinafter authorized to develop and establish specifications for said purchases of Police Pursuit Vehicles when such purchases are made by the State of Georgia, or otherwise placed a part of a State of Georgia Contract. Provided, further, that the development of said specifications shall be submitted to the Purchasing Division of the Department of Administrative Services by November 1 of each year. Provided, further, the Department of Administrative Services is hereby

30,500 1,423 1,019

GEORGIA LAWS 1980 SESSION

253

instructed to complete said specifications and place to bid for the letting of contracts by December 1 of such fiscal year.

Provided, that of the appropriation above for new vehicles ten (10) are to be for the purpose of pursuit driver training.

Section 36. Public School Employees' Retirement System.
Budget Unit: Public School Employees' Retirement System
Departmental Operations Budget: Payments to Employees' Retirement System Employer Contributions Total Funds Budgeted State Funds Budgeted

$ 10,388,180

$

150,000

$ 10.238.180

$ 10.388.180

$ 10,388,180

Budget Unit Object Classes: Payments to Employees' Retirement System Employer Contributions

$

150,000

$ 10,238,180

Section 37. Public Service Commission.

Budget Unit: Public Service

Commission

$

1. Administration Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

2,824,146
616,498 15,126 11,500 -01,000 800 -060,000 26,650 1,800
733,374 733,374
25

254

GENERAL ACTS AND RESOLUTIONS, VOL. I

2. Transportation Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

3. Utilities Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

Budget Unit Object Classes:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

764,739 103,213 31,500 40,600
3,450 2,840 8,000 34,150 18,400 2,000 1,008,892 1,008,892
45
847,845 41,574 61,000 -02,950 800 -039,211 34,500 129,000
1,156,880 1,081,880
49
2,229,082 159,913 104,000 40,600 7,400 4,440 8,000 133,361 79,550

GEORGIA LAWS 1980 SESSION

255

Per Diem, Fees and Contracts Total Positions Budgeted Authorized Motor Vehicles

$

132,800

119

26

Provided that of the above appropriation, $13,825 is designated and committed for an emergency wire registration system for truckers.

Section 38. Regents, University System of Georgia.
A. Budget Unit: Resident Instruction and University System Institutions
1. Resident Instruction Budget: Personal Services: Educ., Gen., and Dept. Svcs Sponsored Operations Operating Expenses: Educ., Gen., and Dept. Svcs Sponsored Operations Office of Minority Business Enterprise Special Desegregation Programs Satellite Medical Facility Program Teachers' Retirement Authority Lease Rentals Capital Outlay Total Funds Budgeted Less Agency Funds: Departmental Income Sponsored Income Other Funds Auxiliary Income Capital Outlay Indirect Communication Charges State Funds Budgeted Total Positions Budgeted

$ 401,811,982

$ 304,059,946 $ 47,607,167

$ 74,743,552 $ 37,570,149

$

100,000

$

250,000

$

500,000

$ 33,546,989

$ 20,858,000

$ 9,116,084

$ 528,351,887

$ 9,132,632 $ 85,177,316 .$ 81,401,449 $ 2,774,000 $ 4,076,084 $ 3,027,300 $ 342,763,106
15,989

Provided, that from appropriated funds in A, the amount of $20,858,000 in F.Y. 1980 is designated and committed to guarantee payment of

256

GENERAL ACTS AND RESOLUTIONS, VOL. I

lease rental contracts as a first charge on such funds.
Provided, none of the funds herein appropriated for construction shall be available for the purchase of any books whatsoever.
Provided, that the State Board of Regents shall, within the first 30 days of the fiscal year, make an apportionment of funds to the various units of the University System from all funds available in the amounts necessary in the Fiscal Year to pay the annual lease contract commitments for the acquisition of property as provided for in the provision of the State Constitution. The Board of Regents shall immediately report the same to the State Budget authorities for approval, whose approval shall be evidenced in writing.
Provided, that where personnel are paid in whole or in part from funds other than State appropriations, the fund sources from which such salary is paid shall pay the pro rata cost of any employer contribution applicable to such salary to the Teachers' Retirement System.
No funds realized by the State Board of Regents of the University System or any college or university, from the State General fund, from the Federal Government, or from any other source, shall be available for use or expenditure for educational and general or plant purposes until made available by written approval of the Office of Planning and Budget, in accordance with the provisions of the Budget Act, as amended.
Provided, further, that unanticipated revenue from contract and grant overhead shall be available for use by the University System providing the amount so used does not exceed $2,000,000 more than the original budget estimate, unless prior approval is granted by the Fiscal Affairs

GEORGIA LAWS 1980 SESSION

Subcommittees of the Senate and House of Representatives.

Provided, that revenue from student fees which exceeds the original budget estimates of student fees by $2,000,000 shall not be available for operations unless prior approval is granted by the Fiscal Affairs Subcommittees of the House and Senate; provided, further, that revenue from sales and services shall be classified as restricted funds and shall be available for use by the unit of the University System generating such income.

Provided, that from the above appropriated amount for Capital Outlay, $4,000,000 is specifically appropriated for renovations and improvements of physical plant facilities.

Provided, further, it is the intent of this General Assembly that the 1 1/2% Personal Services continuation factor incorporated into the Resident Instruction appropriation in this Appropriations Act be utilized to provide 2 1/2% merit-type increases.

2. Marine Resources Extension

Center Budget:

Personal Services:

Educ., Gen., and Dept. Svcs

$

Sponsored Operations

$

Operating Expenses:

Educ., Gen., and Dept. Svcs

$

Sponsored Operations

$

Total Funds Budgeted

$

Less Agency Funds:

Departmental Income

$

Sponsored Income

$

Other Funds

$

Indirect DOAS Services Funding

$

State Funds Budgeted

$

Total Positions Budgeted

257
424,583 "0-
209,626 2,972
637,181 'O'
2,972 111,904
9,800 512,505

258

GENERAL ACTS AND RESOLUTIONS, VOL. I

3. Skidaway Institute of Oceanography Budget:
Personal Services: Educ., Gen., and Dept. Svcs Sponsored Operations
Operating Expenses: Educ., Gen., and Dept. Svcs Sponsored Operations Capital Outlay
Total Funds Budgeted Less Agency Funds: Departmental Income Sponsored Income Other Funds Capital Outlay Indirect DOAS Services Funding State Funds Budgeted Total Positions Budgeted
4. Marine Institute Budget: Personal Services: Educ., Gen., and Dept. Svcs Sponsored Operations Operating Expenses: Educ., Gen., and Dept. Svcs Sponsored Operations Total Funds Budgeted Less Agency Funds: Departmental Income Sponsored Income Other Funds Indirect DOAS Services Funding State Funds Budgeted Total Positions Budgeted
5. Engineering Experiment Station Budget:
Personal Services: Educ., Gen., and Dept. Svcs Sponsored Operations

$

576,958

$

606,000

$

468,406

$

528,692

$

277.500

$ 2,457,556

$

50,000

$ 1,134,692

$

250,000

$

247.500

$

-0-

$

775,364

33

$

254,546

$

391,473

$

137,944

$

210,793

$

994,756

$

-0-

$

602,266

$

10,000

$

-0-

$

382,490

17

$ 6,075,077 $ 1,500,000

GEORGIA LAWS 1980 SESSION

259

Operating Expenses: Educ., Gen., and Dept. Svcs Sponsored Operations
Agricultural Research Total Funds Budgeted Less Agency Funds: Departmental Income Sponsored Income Other Funds Indirect DOAS Services Funding State Funds Budgeted Total Positions Budgeted

$ 5,572,136

$ 8,200,000

$

60,000

$ 31,407,213

$

-0-

$ 19,700,000

$ 7,843,993

$

117,600

$ 3,745,620

273

6. Engineering Extension

Division Budget:

Personal Services:

Educ., Gen., and Dept. Svcs

$

Sponsored Operations

$

Operating Expenses:

Educ., Gen., and Dept. Svcs

$

Sponsored Operations

$

Capital Outlay Advanced

Technology Development Center .... $

Total Funds Budgeted

$

Less Agency Funds:

Departmental Income

$

Sponsored Income

$

Other Funds

$

Indirect DOAS Services Funding

$

State Funds Budgeted

$

Total Positions Budgeted

770,478 35,000
400,757 15,000
500,000 1,721,235
-050,000 714,160 12,200 944,875
44

7. Agricultural Experiment Station Budget:
Personal Services: Educ., Gen., and Dept. Svcs Sponsored Operations
Operating Expenses: Educ., Gen., and Dept. Svcs Sponsored Operations Capital Outlay
Total Funds Budgeted

$ 12,821,859 $ 1,200,000

$ 5,740,761

$ 1,300,000

$

43,000

$ 21,105,620

260

GENERAL ACTS AND RESOLUTIONS, VOL. I

Less Agency Funds: Departmental Income Sponsored Income Other Funds Indirect DOAS Services Funding State Funds Budgeted Total Positions Budgeted
8. Cooperative Extension Service Budget:
Personal Services: Educ., Gen., and Dept. Svcs Sponsored Operations
Operating Expenses: Educ., Gen., and Dept. Svcs Sponsored Operations Capital Outlay - Rock Eagle 4-H Camp
Total Funds Budgeted Less Agency Funds: Departmental Income Sponsored Income Other Funds Indirect DOAS Services Funding State Funds Budgeted Total Positions Budgeted
9. Eugene Talmadge Memorial Hospital Budget:
Personal Services: Educ., Gen., and Dept. Svcs Sponsored Operations
Operating Expenses: Educ., Gen., and Dept. Svcs Sponsored Operations Capital Outlay - ETMH Renovations
Total Funds Budgeted Less Agency Funds: Departmental Income Sponsored Income Other Funds Board of Corrections

$

-0-

$ 2,500,000

$ 4,629,361

$

95,900

$ 13,880,359

805

$ 15,594,557 $ 3,383,181

$ 2,648,568 $ 1,166,000

$

600,000

$ 23,392,306

$

-0-

$ 4,549,181

$ 4,690,000

$

126,700

$ 14,026,425

911

$ 29,711,319 $ 1,778,460

$ 14,632,220

$

581,445

$ 3,000,000 $ 49,703,444

$

891,319

$ 2,359,905

$ 22,986,986

$ 1,104,000

GEORGIA LAWS 1980 SESSION

261

Indirect DOAS Services Funding State Funds Budgeted Total Positions Budgeted

$

193,500

$ 22,167,734

2,585

10. Veterinary Medicine Experiment Station Budget:
Personal Services: Educ., Gen., and Dept. Svcs Sponsored Operations
Operating Expenses: Educ., Gen., and Dept. Svcs Sponsored Operations
Total Funds Budgeted Less Agency Funds: Departmental Income Sponsored Income Other Funds Indirect DOAS Services Funding State Funds Budgeted Total Positions Budgeted

$

863,064

$

-0-

$

603,372

$

-0-

$ 1,466,436

$

-0-

$

-0-

$

-0-

$

-0-

$ 1,466,436

33

11. Family Practice Residency

Program Budget:

Personal Services:

Educ., Gen., and Dept. Svcs

$

Operating Expenses:

Educ., Gen., and Dept. Svcs

$

Capitation Contracts for

Family Practice Residency

$

New Program Development Contracts

for Family Practice Residency

$

Student Preceptorships

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

80,908
82,560
750,000
133,600 100,000 1,147,068 1,147,068
3

Provided, that of the above appropriation, $100,000 is designated and committed for contracts with medical schools for a student preceptorship program. Provided, further, that each student participating in the program shall receive $500 and each family physician shall receive $500.

262

GENERAL ACTS AND RESOLUTIONS, VOL. I

Budget Unit Object Classes: Personal Services: Educ., Gen., and Dept. Svcs Sponsored Operations Operating Expenses: Educ., Gen., and Dept. Svcs Sponsored Operations Office of Minority Business Enterprise Special Desegregation Programs Satellite Medical Facility Program Agricultural Research Capitation Contracts for Family Practice Residency New Program Development Contracts for Family Practice Residency Student Preceptorships Teachers' Retirement Authority Lease Rentals Capital Outlay Capital Outlay - Rock Eagle 4-H Camp Capital Outlay - ETMH Renovations Capital Outlay - Advanced Technology Center Total Positions Budgeted

$ 371,233,295 $ 66,501,281

$ 105,239,902 $ 49,575,051

$

100,000

$

250,000

$

500,000

$

60,000

$

750,000

$

133,600

$

100,000

$ 33,546,989

$ 20,858,000

$ 9,436,584

$

600,000

$ 3,000,000

$

500,000

20,714

B. Budget Unit: Regents Central Office. ... $

1. Regents Central Office Budget:

Personal Services

$

Operating Expenses

$

SREB Payments

$

Medical Scholarships

$

Regents Opportunity Grants

$

Regents Scholarships

$

Grants to Junior Colleges

$

Rental Payments to Georgia

Military College

$

Total Funds Budgeted

$

12,095,328
2,099,532 602,596
2,463,000 448,000 500,000 200,000
5,692,200
90,000 12,095,328

GEORGIA LAWS 1980 SESSION

263

State Funds Budgeted Total Positions Budgeted

$ 12,095,328 98

Budget Unit Object Classes: Personal Services Operating Expenses SREB Payments Medical Scholarships Regents Opportunity Grants Regents Scholarships Grants to Junior Colleges Rental Payments to Georgia Military College Total Positions Budgeted Authorized Motor Vehicles

$ 2,099,532

$

602,596

$ 2,463,000

$

448.000

$

500.000

$

200.000

$ 5,692,200

$

90,000

98

0

Provided, that of the above appropriation relative to Grants to Junior Colleges, payments are to be based on a rate of $716 per EFT student. Furthermore, 50 quarter credit hours shall be used in the calculation of an equivalent full-time student.

Section 39. Department of Revenue.

Budget Unit: Department of Revenue

$

1. Executive Administration Budget:

Personal Services

$

County Tax Officials/Retirement

and FICA

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Total Funds Budgeted

$

Indirect Georgia Building

Authority Rents

$

25,318,724
760,809
500,000 67,439 14.000 -020.000 30,200 6,000 -018,676 4,500 100
1,421,724
-0-

264

GENERAL ACTS AND RESOLUTIONS, VOL. I

State Funds Budgeted

$

Total Positions Budgeted

2. Motor Vehicle Administration

Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Motor Vehicle Tag Purchases

$

Motor Vehicle Decal Purchases

$

Postage

$

Total Funds Budgeted

$

Indirect DO AS Services Funding

$

State Funds Budgeted

$

Total Positions Budgeted

Provided, that of the above appropriated amount relating to motor vehicle tag purchases, $742,000 is designated and committed for use in contracting with the Department of Offender Rehabilitation for the production of at least 857,400 motor vehicle tags, and for this purpose only.

Any such contract may provide for partial, advance payment from the Department of Revenue to Georgia Correctional Industries during tag production, but in no case shall the total amount paid for such tags exceed the amount herein appropriated, provided the advances made are for services to be rendered within the same fiscal year.

3. Property Tax Budget:

Personal Services

$

Regular Operating Expenses

$

1,421,724 31
3,496,419 194,660 5,000 -0120,000 10,300
1,736,465 -0-
54,744 -0-
742,000 304,900
-06.664.488 1,000,000 5.664.488
259
937,843 31,583

GEORGIA LAWS 1980 SESSION

265

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Loans to Counties/Property

Reevaluation

$

Grants to Counties/Appraisal

Staff

$

Intangible Tax

Equalization Fund

$

Postage

$

Total Funds Budgeted

$

Repayment of Loans to

Counties/Property Revaluation

$

Indirect DOAS Services Funding

$

State Funds Budgeted

$

Total Positions Budgeted

Provided, that of the above appropriation, no funds are designated and committed for the cost of the Intangible Tax Equalization Fund provided for in an Act approved April 17, 1973 (Ga. Laws 1973, p. 924), to be administered by the State Revenue Commissioner as provided therein.

4. Sales Taxation Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Total Funds Budgeted

$

Indirect DOAS Services Funding

$

69,500 -0-
67.000 4,700
300.000 -0-
19,361 153.000
-0-
1,450,000
-012.000 3.044.987
-0250.000 2.794.987
61
1,136,175 19,442 3,200 -058.000 1,700
446,936 -0-
24,666 -0-
70.000 1,760,119
305,000

266

GENERAL ACTS AND RESOLUTIONS, VOL. I

State Funds Budgeted

$

Total Positions Budgeted

5. Motor Fuel Taxation Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Dietn, Fees and Contracts

$

Postage

$

Total Funds Budgeted

$

Indirect DOAS Services Funding

$

State Funds Budgeted

$

Total Positions Budgeted

6. Income Taxation Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Total Funds Budgeted

$

Indirect DOAS Services Funding

$

State Funds Budgeted

$

Total Positions Budgeted

7. Alcohol and Tobacco Taxation

Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

1,455,119 82
509,368 7,918 2,500 -0-
30,000 1,800
209,171 -0-
11,548 -0-0-
772,305 100,000 672,305
37
1,772,740 74,550 3,200 -0-
180,000 7,950
1,575,450 -0-
35,470 -0-
180,000 3,829,360 1,500,000 2,329,360
119
-0-0-0-0-

GEORGIA LAWS 1980 SESSION

267

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Total Funds Budgeted

$

Indirect DOAS Services Funding

$

State Funds Budgeted

$

Total Positions Budgeted

July 1, 1979

Total Positions Budgeted

June 30, 1980

8. Central Audit Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

9. Field Audit Services Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

-0-0-0-0-0-0-0-0-0-0-
0
0
1,822,191 10,225
306,000 -0-
2,200 2,000 2,208 9,975 13,448
-0100 2,168,347 2,168,347 78
5,469,061 236,628 277,000 -032,000 8,225 95,000 128,800 184,558 -037,700

268

GENERAL ACTS AND RESOLUTIONS, VOL. I

Total Funds Budgeted Indirect DOAS Services Funding State Funds Budgeted Total Positions Budgeted

$ 6,468,972

$

100,000

$ 6,368,972

319

10. Internal Administration Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Total Funds Budgeted

$

Indirect Georgia Building

Authority Rents

$

State Funds Budgeted

$

Total Positions Budgeted

780,220 97,160 1,000 -0-
244,000 2,700
70,600 759,986
12,756 -0-
975,000 2,943,422
500,000 2,443,422
70

Budget Unit Object Classes: Personal Services County Tax Officials/Retirement and FICA Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Publications and Printing Equipment Purchases Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Loans to Counties/Property Reevaluation Grants to Counties/Appraisal Staff Motor Vehicle Tag Purchases Motor Vehicle Decal Purchases

$ 16,684,826

$

500,000

$

739,605

$

681,400

$

-0-

$

753,200

$

69,575

$ 4,441,830

$

898,761

$

375,227

$

157,500

$

-0-

$ 1,450,000

$

742,000

$

304,900

GEORGIA LAWS 1980 SESSION

269

Intangible Tax Equalization Fund Postage Total Positions Budgeted
July 1, 1979 Total Positions Budgeted
June 30, 1980 Authorized Motor Vehicles

$

-0-

$ 1,274,900

1,091

1,056 111

Section 40. Secretary of State.

A. Budget Unit: Secretary of State

$

1. Occupational Certification Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

9,695,744
1,893,130 714,313 85,350 10,300 116,415 17,259 242,234 196,520 53,110 328,608
3,657,239 3,657,239
125

Occupational Certification Functional Budgets

Total Funds State Funds Pos.

Accounting

$ 143,764 $ 196,400 2

Architect

$

42,620 $

61,070

1

Athletic Trainers Auctioneers

$

2,271 $

4,202 0

$

4,485 $

13,053 0

270

GENERAL ACTS AND RESOLUTIONS, VOL. I

Barbers

87,333 $ 112,346 5

Chiropractic

4,135

14,222 0

Cosmetology

$ 251,439

324,907

Dentistry

$ 112,990 $ 163,961

Electrical Contractor

58,012

76,491

Engineers

195,610 $ 269,606 6

Forestry

3,215

14,558 0

Funeral Service Geology Hearing Aid

$

62,574 $

83,267

$

10,980

18,568 0

3,885

15,223 0

Landscape Architect

6,421

17,640 0

Librarians

920

4,128 0

Marriage and Family Counselors
Medical Examiners

6,660 $

22,283 0

444,974

621,871 14

GEORGIA LAWS 1980 SESSION

Nursing Home Administrators

14,312

Board of Nursing

368,024

271
23,645 0 491,135 13

Dispensing Opticians

7,074 $

24,309 0

Optometry

$

5,945

17,658 0

Occupational Therapy

$

3,615 $

10,464 0

Pest Control

23,163

31,710 1

Pharmacy

73,427 $ 174,225 3

Physical Therapy

13,135

27,990 0

Plumbing Contractors

27,220 $

35,210

Podiatry

2,885

6,296 0

Polygraph Examiners

,685

14,877 0

Practical Nursing

$

89,087 $ 130,567 3

Private Detective

96,459

200,284 7

Psychologists

8,885

32,381 0

Recreation

2,285

7,748 0

272

GENERAL ACTS AND RESOLUTIONS, VOL. I

Sanitarian

$

2,699 $

8,112 0

Speech Pathology Used Car Dealers

$

4,249 $

21,556 0

$

43,199 $ 142,685 2

Used Car Parts

$

3,920 $

60,672 0

Veterinary

$

14,060 $

27,829 0

Warm Air and Heating Contractors

$

19,435 $

34,630 0

Wastewater Well Water Administration Investigative

$

11,660 $

25,943 0

$

3,985 $

10,498 0

$ 953,078 $

26

$ 421,465 $

18

Total

$ 3,657,239 $ 3,594,220 125

2. Securities Regulation Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

317,670 17,554 13,000 5,300 2,500 1,100 '016,120

GEORGIA LAWS 1980 SESSION

273

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

3. Corporations Regulation Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

4. Drugs and Narcotics Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

5. Archives and Records Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

6,360 -0-
379,604 379,604
16
353,160 48,088 1,000 -020,400 2,500 41,100 48,741 15,000 15,000
544,989 544,989
27
339,235 33,220 25,000 -0300 -0-05,393 5,000 -0-
408,148 408,148
15
1,338,655 139,639 23.000 -017.000 33,891

274

GENERAL ACTS AND RESOLUTIONS, VOL. I

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Authority Lease Rentals

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

6. General Services Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

7. Internal Administration Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

8. State Campaign and Financial

Disclosure Commission Budget:

Personal Services

$

Regular Operating Expenses

$

-025,918 34,783
9,500 1,238,000 2,860,386 2,840,386
84
605,002 41,876 2,000 -0115,000 5,485 -05,674 15,000 4,000
794,037 794,037
38
512,340 83,310 4,900 1,100 100,000 20,962 6,250 32,778 12,250 1,000
774,890 774;89l|
^0
59,957 8,850

GEORGIA LAWS 1980 SESSION

275

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

9. Elections and Campaign

Disclosure Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

Budget Unit Object Classes:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Authority Lease Rentals

$

Total Positions Budgeted

Authorized Motor Vehicles

4,000 -0-
10,000 906 -0-
5,235 2,915 10,000 101,863 101,863
3
161,774 20,214
4,000 -0-
5,000 -0-0-0-
3,600 -0-
194,588 194,588
10
5,580,923 1,107,064
162,250 16,700
386,615 82,103
289,584 336,379 148,018 368,108 1,238,000
348 61

276

GENERAL ACTS AND RESOLUTIONS, VOL. I

B. Budget Unit: Real Estate Commission . . $

Real Estate Commission Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

723,026
353,759 152,357
10,920 5,000
37,000 6,090
28,000 25,400 13,050 91,450 723,026 723,026
24

Real Estate Commission Functional Budget

State Funds

Cost of Operations Pos.

Real Estate Commission

$ 723,026 $ 781,314 24

Budget Unit Object Classes:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Positions Budgeted

Authorized Motor Vehicles

353,759 152,357
10,920 5,000
37,000 6,090
28,000 25,400 13,050 91,450
24 9

GEORGIA LAWS 1980 SESSION

277

Section 41. State Scholarship Commission.

Budget Unit: State Scholarship

Commission

$

1. Internal Administration

Activity Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

13,485,000
1,033,698 80,000 21,000 -025,000 13,695 118,608 68,157 28,000 108,213
1,496,371 -064

2. Higher Education Assistance Corporation Budget:
Payment of Interest and Fees Total Funds Budgeted State Funds Budgeted Total Positions Budgeted

$

570,000

$

570,000

$

505,000

0

3. Higher Education Assistance Authority Budget:
Direct Guaranteed Loans Tuition Equalization Grants State Student Incentive
Scholarships North Georgia College
ROTC Grants Total Funds Budgeted State Funds Budgeted Total Positions Budgeted

$ 2,495,000 $ 8,619,100

$ 3,364,872

$

123,700

$ 14,602,672

$ 12,948,000

0

278

GENERAL ACTS AND RESOLUTIONS, VOL. I

4. Law Enforcement Personnel Dependents

Scholarship Program Budget:

Law Enforcement Personnel

Dependents Scholarships

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

Budget Unit Object Classes:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Payment of Interest and Fees

$

Direct Guaranteed Loans

$

Tuition Equalization Grants

$

State Student Incentive

Scholarships

$

Law Enforcement Personnel

Dependents Scholarships

$

North Georgia College

ROTC Grants

$

Total Positions Budgeted

Authorized Motor Vehicles

Provided, that of the above appropriated amount relative to Direct Guaranteed Loans an amount not to exceed $12,000 is designated and committed for the purpose of providing stipends for training recruitment, teacher and counselor personnel in health career fields and other fields for which funds are provided herein for the making of direct guaranteed cancellable loans to students.

32,000 32,000 32,000
0
1,033,698 80,000 21,000 -025.000 13,695
118,608 68,157 28.000 108,213 570,000 2,495,000 8,619,100
3,364,872
32,000
123,700 64 1

GEORGIA LAWS 1980 SESSION

279

Provided, that the above appropriated amount relative to Direct Guaranteed Loans shall otherwise be used to provide guaranteed loans to students as provided for in Georgia Laws 1969, p. 683, as amended. Provided further, however, that of said appropriated amount, the amounts designated below shall to the greatest extent possible be used to provide cancellable loans to students as designated below pursuant to provisions relative to cancellable loans set forth in Georgia Laws 1969, p. 683, as amended, and Georgia Laws 1965, p. 210, as amended, to wit: (a) an amount not less than $1,435,000 is designated and committed for the purpose of providing cancellable loans to students in critical paramedical, professional and educational fields of study approved for this purpose by the State Scholarship Commission pursuant to Georgia Laws 1965, p. 210, as amended; (b) an amount not to exceed $50,000 is designated and committed for the purpose of providing cancellable loans to students who are eligible members of the Georgia National Guard as provided for in Georgia Laws 1977, p. 739, as amended; (c) an amount not to exceed $300,000 is designated and committed for the purpose of providing cancellable loans to classroom teachers seeking special education training; (d) an amount not to exceed $30,000 is designated and committed for the purpose of providing cancellable loans to students who are to become agricultural teachers.
Provided, that from the above appropriated amount relative to the Payment of Interest and Fees, such funds as may be necessary shall be used to pay an interest subsidy discount of 1.5% to lenders, other than educational institution lenders, on loans guaranteed by the Georgia Higher Education Assistance Corporation dispersed during fiscal year 1979-1980.

280

GENERAL ACTS AND RESOLUTIONS, VOL. I

Provided, that from any of the above appropriated amounts any available funds may be utilized by the Georgia Higher Education Assistance Corporation for the purpose of paying interest and special allowance payments to lenders within thirty days after the end of each calendar quarter.
Provided that, the above appropriated amount relative to Tuition Equalization Grants provides for payment of grants of $600 per academic year to undergraduate students attending private colleges as provided in Georgia Laws 1971, p. 906, as amended, and contemplates continuation of payment of the grant during the 1980 summer school term.
Provided, that the above appropriated amount relative to Student Incentive Scholarships is designated and committed solely for the purpose of providing needs-based scholarships to undergraduate students as provided by applicable State and Federal law, provided, however, that until the Student Incentive Scholarship Program is adequately funded to assist eligible students at all undergraduate levels of study, scholarships shall not be awarded to students for summer term study in institutions of higher education, nor to students for summer period study in other postsecondary educational institutions unless summer period study is part of the typical academic year of such institution.
Provided, that of the above appropriated amount relative to Law Enforcement Personnel Dependents Scholarships $32,000 is designated and committed solely for the purpose of providing scholarships to children of law enforcement officers, firemen, and prison guards permanently disabled or killed in the line of duty, as provided by law.

_L

GEORGIA LAWS 1980 SESSION

Provided, that with approval of the Governor, the Higher Education Assistance Corporation is authorized to budget and use agency funds for the purpose of acquiring office facilities.

Section 42. Soil and Water Conservation

Committee.

Budget Unit: Soil and Water

Conservation Committee

$

1. Soil and Water Conservation

Central Office Budget:

J

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

2. Soil and Water Conservation

Dam Safety Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

281
653,045
283,259 31,560 34,400 -014,450 3,000 -012,511 8,500 124,300
511,980 511,980
12
92,170 11,250 8,500
-02,600 3,937 2,000 3,500 2,500 14,608 141,065 141,065
5

282

GENERAL ACTS AND RESOLUTIONS, VOL. I

3. Resources Conservation Act Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Real Estate Rentals

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

Budget Unit Object Classes:

Personal Services

$

Regular Operating Expenses

. $

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Positions Budgeted

Authorized Motor Vehicles

Section 43. Teachers' Retirement System.

Budget Unit: Teachers' Retirement

System

$

Departmental Operations Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment

Purchases

$

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

45,538 4,659 1,130 -0-
20,325 -0-0-
1,437 1,600 1,432 76,121
-00
420,967 47,469 44,030 -037,375 6,937 2,000 17,443 12,437 140,508 17 2
950,000
1,019,000 80,424 19,500
9,000 24,000
7,375 279,840
72,196

GEORGIA LAWS 1980 SESSION

283

Telecommunications Per Diem, Fees and Contracts Floor Fund for Local
Retirement Systems Employer Contributions Total Funds Budgeted State Funds Budgeted Total Positions Budgeted

$

27,000

$

103,200

$

950,000

$

-0-

$ 2,591,535

$

950,000

60

Budget Unit Object Classes:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

. $

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Floor Fund for Local

Retirement Systems

$

Employer Contributions

$

Total Positions Budgeted

Authorized Motor Vehicles

1,019,000 80,424 19,500 9,000 24,000 7,375
279,840 72,196 27,000
103,200
950,000 -060 1

It is the intent of the General Assembly that from funds available the Teachers' Retirement System is authorized to implement H. B. 15 of the 1975 Regular Session of the Georgia General Assembly.

Section 44. Department of Transportation. Budget Unit: Department of
Transportation 1. Planning and Construction
Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment
Purchases Publications and Printing

$ 340,869,553

$ 57,860,521 $ 3,636,389 $ 1,364,600

$

-0-

$

200,000

284

GENERAL ACTS AND RESOLUTIONS, VOL. I

Equipment Purchases Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Capital Outlay State of Georgia General
Obligation Debt Sinking Fund Total Funds Budgeted State Funds Budgeted Total Positions Budgeted

$

97,100

$

-0-

$

31,650

$

657,671

$ 2,606,069

$ 285,121,425

$

-0-

$ 351,575,425

$ 137,843,090

3,186

2. Maintenance and Betterments Budget:
Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment
Purchases Publications and Printing Equipment Purchases Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Capital Outlay State of Georgia General
Obligation Debt Sinking Fund Total Funds Budgeted State Funds Budgeted Total Positions Budgeted

$ 45,079,787

$ . 26,371,194

$

231,850

$

-0-

$

8,000

$

-0-

$

-0-

$

-0-

$

85,752

$

891,300

$ 68,000,000

$

-0-

$ 140,667,883

$ 137,206,526

3,725

3. Authorities Budget: Authority Lease Rentals State of Georgia General Obligation Debt Sinking Fund Total Funds Budgeted State Funds Budgeted

$ 25,174,101
$ 3,735,425 $ 28,909,526 $ 28,909,526

4. Facilities and Equipment Budget:

Motor Vehicle Equipment Purchases .... $

Equipment Purchases

$

965,658 2,053,000

GEORGIA LAWS 1980 SESSION

285

Capital Outlay

$

Total Funds Budgeted

$

State Funds Budgeted

$

5. Assistance to Counties Budget:

Grants to Counties

$

Total Funds Budgeted

$

State Funds Budgeted

$

6. Administration Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment

Purchases

$

Publications and Printing

$

Equipment Purchases

$

Computer Cha rges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

Appropriation of State funds in the foregoing Department of Transportation budgets shall be in conformity with and pursuant to Article III, Section X, Paragraph VII, subsection (b) of the State Constitution, and shall be in an amount at least equal to all money derived from motor fuel taxes received by the Fiscal Division of the Department of Administrative Services in the immediately preceding year, less the amount of refunds, rebate and collection costs authorized by law. The fiscal officers of the State are hereby directed, as of July 1 of each fiscal year, to determine the net collection of motor fuel tax received by the Fiscal Division of the Department of Administrative Services in the immediately preceding fiscal year and enter the full amount so determined on the records of the State as being the appropriation

303,014 3.321.672 3.246.672
9,317,013 9,317,013 9,317,013
6,401,944 1,866,155
102,262
-0190,850
-01,220,000
718,348 160,722 145,000 10,805,281 10,805,281
321

286

GENERAL ACTS AND RESOLUTIONS, VOL. I

payable in lieu of the amount appropriated herein.
Provided, however, that objects for Activities financed by Motor Fuel Tax including Planning and Construction, Maintenance and Betterments, Authority Lease Rentals, General Obligation Debt Sinking Fund Payments, Administration, and Grants to Counties, may be adjusted for any additional appropriations and/or balances appropriated and brought forward from previous years as requested by the Department of Transportation and approved by the Office of Planning and Budget.
For general administrative cost of operating the Department of Transportation, including equipment and compensation claims.
For State matching participation in costs of construction, reconstruction, improvement in highways, and highway planning, in cooperation with the Federal Government, including all cost items incident thereto. For the cost of road and bridge construction and surveys, maintenance and improving the State Highway System of roads and bridges, and the costs incident thereto provided all expenditures for county contracts shall be in accordance with and on the basis of average prices authorized by law. Provided, however, that funds shall be allocated to matching all Federal aid funds prior to the allocation of any funds for other works, and the Department of Transportation may add, delete and substitute Federal aid projects to secure the full benefit of the Federal aid program. Provided, further, that in order to meet the requirements of the Interstate System with regard to completion by a date fixed by existing Federal Statute of Federal-State 90-10 projects, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for the letting and execu-

GEORGIA LAWS 1980 SESSION

287

tion of highway contracts essential to and included in such Interstate Program not to exceed the amount of State Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services and constitutionally appropriated to the Department of Transportation.
For lease rental obligations of the Department of Transportation to the Georgia Highway Authority and the Georgia Building Authority in accordance with lease rental contracts now in existence and for appropriations to the `State of Georgia General Obligation Debt Sinking Fund' for the specific purpose of paying annual debt service requirements on new General Obligation debt to finance the construction or reconstruction of public roads and bridges approved by the Department of Transportation.
For grants to counties for aid in county road construction and maintenance to be distributed and disbursed to various counties of the State by the Fiscal Division of the Department of Administrative Services in the same proportional basis to each county as the proportion of each county's total public road mileage is to the total public road mileage in the State, as such mileage information is furnished by the Department of Transportation.
Provided, further, that a member of the governing authority of the county, designated by such authority, shall submit to the State Audito^a copy of its regular annual audit not later than six months after the end of the fiscal year for which such audit is made. The State Auditor shall compare the amount of funds distributed to each county in such year under the provisions of Section 92-1404, subsection (F) of the Motor Fuel Tax Law against the amount of funds expended by each county in such year for the purposes authorized by said Section.

288

GENERAL ACTS AND RESOLUTIONS, VOL. I

Appropriations for the foregoing activities include an appropriation that shall be utilized for the specific purpose and amounts as shown below:

Planning and Construction Geodetic Control Capital Outlay Interstate Rehabilitation Capital Outlay - Appalachian Highway Capital Outlay - Paving State and Local Schools and State Institutions Georgia Road Improvement Program Paving State Parks and Historic Sites
Maintenance and Betterments Capital Outlay - Rehabilitation and Improvements Off-System Capital Outlay - Rehabilitation On-System

$ 283,521.00 $14,000,000.00 $ 5,800,000.00
$ 750,000.00 $10,000,000.00 $ 300,000.00
$28,000,000.00 $ 4,366,059.01

This appropriation shall be accounted for separately from all other appropriations to the Department of Transportation, and shall be in addition to appropriations of an amount equivalent to motor fuel tax revenue required under Article III, Section X, Paragraph VII, subsection (b) of the State Constitution.

7. Assistance to Municipalities Budget:
Grants to Municipalities Total Funds Budgeted State Funds Budgeted

$ 9,317,000 $ 9,317,000 $ 9,317,000

For grants to municipalities for Capital Outlay in accordance with an Act approved March 31, 1965 (Ga. Laws 1965, p. 458), as amended.

GEORGIA LAWS 1980 SESSION

Provided, further, that a member of the governing authority of the municipality, designated
by such authority, shall execute an affidavit annually that funds received under this Section have been expended in accordance with the law and the Constitution, and file the same with the Fiscal Division of the Department of Administrative Services. At the request of the Governor or the Office of Planning and Budget or the Director of the Department of Transportation, the State Auditor shall cause an audit to be made of any municipality to determine the use of such funds. The expense of such audit shall be deducted from funds granted to such municipality in any future year.

Provided, further, that the above sums shall be distributed and disbursed to the various municipalities on a quarterly basis, such payments to be made on the last day of each quarter.

8. Air Transportation Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

9. Inter-Modal Transfer Facilities

Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

10

289
410,222 282,244
11,500 -0-
200 131,000
-01
3,800 500
839,467 534,538
17
449,346 20,932 27,000

290

GENERAL ACTS AND RESOLUTIONS, VOL. I

Motor Vehicle Equipment Purchases
Publications and Printing Equipment Purchases Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Capital Outlay - Airport
Development Capital Outlay - Airport
Operational Improvements Mass Transit Grants Total Funds Budgeted State Funds Budgeted Total Positions Budgeted
10. Harbor Maintenance Budget: Harbor Maintenance Payments Total Funds Budgeted State Funds Budgeted
Budget Unit Object Classes: Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Publications and Printing Equipment Purchases Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Capital Outlay Mass Transit Grants Grants to Municipalities Harbor Maintenance Payments Grants to Counties Authority Lease Rentals Capital Outlay - Airport Development

$

-0^

$

23,000

$

1,800

$

-0-

$

-0-

$

16,491

$

256,838

$

650,000

$ 1,000,000

$

348,500

$ 2,793,907

$ 2,739,907

24

$

950,000

$

950,000

$

950,000

$ 110,201,820 $ 32,176,914 ...$ 1,737,212

$

965,658

$

422,050

$ 2,282,900

$ 1,220,000

$

749,999

$

924,436

$ 3,899,707

$ 353,424,439

$

348,500

$ 9,317,000

$

950,000

$ 9,317,013

$ 25,174,101

$

650,000

GEORGIA LAWS 1980 SESSION

291

State of Georgia General

Obligation Debt Sinking

Fund

$

Capital Outlay - Airport

Operational Improvements

$

Total Positions Budgeted

Authorized Motor Vehicles

For the general administrative expenses of airport development, mass transit planning and development, the promotion of aviation safety, the provision of air transportation services, and for contractual expense for harbor maintenance.

Provided, that the Department of Transportation is authorized to retain such portion of its Air Transportation service income as is required to maintain and upgrade the quality of its equipment.

Provided, that the Department of Transportation is authorized to utilize State Airport Development Funds to finance a maximum of 10% of an individual airport project when matching both FAA and Local Funds, and 50% of an individual airport project when matching Local Funds only with no Federal Fund participation. Provided, further, that the Department of Transportation is authorized to utilize State Airport Development Funds at 100% of the total cost of an individual airport project for airports
owned by the State of Georgia.

Provided, that $850,000 of the above allocation for harbor maintenance payments is designated and committed for payment for harbor maintenance and improvements at Savannah.

Provided, further, that the Department of Transportation is authorized and directed to transfer to Personal Services from other object classes such funds as are required to fund the

3,735,425
1,000,000 7,273 4,750

292

GENERAL ACTS AND RESOLUTIONS, VOL. I

increased Personal Services costs contemplated in this Act, subject only to approval by the Office of Planning and Budget.

Provided further, it is the intent of this General Assembly that positions classified as Transportation Engineer, Assistant be reassigned to pay grade 28.

Provided further, it is the intent of this General Assembly that positions classified as Transportation Engineer, Associate be reassigned to pay grade 30.

Provided, that of the above appropriation relative to the Inter-Modal Transfer Facilities budget, $25,000 is designated and committed for a rail relocation engineering study for Augusta and Richmond County.

Section 45. Department of Veterans Service.

Budget Unit: Department of Veterans

Service

$

1. Veterans Assistance Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Grants to Confederate Widows

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

Authorized Motor Vehicles

8,567,079
2,466,371 110,640 74,495 -018,000 5,000 400 116,591 55,889 7,000 3,966
2,858,352 2,559,430
168 1

GEORGIA LAWS 1980 SESSION

293

2. Veterans Home and Nursing Facility -

Milledgeville Budget:

Capital Outlay

$

Equipment Purchases

$

Regular Operating Expenses

for Projects

$

Operating Expenses/Payments to

Central State Hospital

$

Total Funds Budgeted

$

State Funds Budgeted

$

3. Veterans Nursing Home -

Augusta Budget:

Capital Outlay

$

Equipment Purchases

$

Regular Operating Expenses

for Projects

$

Operating Expense/Payments to

Medical College of Georgia

$

Total Funds Budgeted

$

State Funds Budgeted

$

Budget Unit Object Classes:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Capital Outlay

$

Grants to Confederate Widows

$

Operating Expense/Payments to

Central State Hospital

$

Operating Expense/Payments to

Medical College of Georgia

$

33,300 65,230
79,000
5,311,563 5,489,093 4,286,883
13,000 6,100
82,900
2,291,266 2,393,266 1,720,766
2,466,371 110,640 74,495 -018,000 76,330 400 116,591 55,889 7,000 46,300 3,966
5,311,563
2,291,266

294

GENERAL ACTS AND RESOLUTIONS, VOL. I

Regular Operating Expenses

for Projects

$

Total Positions Budgeted

Authorized Motor Vehicles

Section 46. Workers' Compensation Board.

Budget Unit: Workers' Compensation

Board

$

1. Workers' Compensation

Administration Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

2. Vocational Rehabilitation Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

Budget Unit Object Classes:

Personal Services

$

Regular Operating Expenses

$

Travel

$

161,900 168 1
3,023,044
2,240,820 68,601 38.000 4,000 33.700 13.000 97.700 199,588 70.000 51,690 36.000
2.853.099 2.850.099
121
164,733 1,412 6,000 -0300 500 -0-0-0-
172,945 172,945
10
2,405,553 70,013 44,000

GEORGIA LAWS 1980 SESSION

295

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Total Positions Budgeted

Authorized Motor Vehicles

4,000 34.000 13,500 97,700 199,588 70.000 51,690 36.000
131 1

Section 47. State of Georgia General

Obligation Debt Sinking Fund.

A. Budget Unit: State of Georgia General

Obligation Debt Sinking

Fund (Issued)

$

B. Budget Unit: State of Georgia General

Obligation Debt Sinking

Fund (New)

$

36,272,828 6,700,000

Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $1,400,000 is specifically appropriated for the purpose of constructing and equipping a Department of Human Resources facility at Thomasville, Georgia, through the issuance of not more than $14,000,000 in principal amount of General Obligation Debt.

Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $500,000 is specifically appropriated for the purpose of constructing and equipping an office building on property in Atlanta, Georgia, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt.

Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $2,500,000 is specifically appropriated for the purpose of financing expan-

296

GENERAL ACTS AND RESOLUTIONS, VOL. I

sion of Georgia Ports Authority facilities through the issuance of not more than $25,000,000 in principal amount of General Obligation Debt.

Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $1,000,000 is specifically appropriated for the purpose of financing the expansion of the Georgia World Congress Center through the issuance of not more than $10,000,000 in principal amount of General Obligation Debt.

Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $1,000,000 is specifically appropriated for the purpose of financing a new construction program which consists of the acquisition of land (if needed) and the construction and equipping of buildings and facilities at various institutions under the control of the State Board of Regents of the University System through the issuance of not more than $10,000,000 in principal amount of General Obligation Debt.

ayided, that from the above appropriated,

amountTbn>tate of Georgia General Obljj

Debt SinkingFn^, $300,000i5^s^^ftcaj

appropriated for thepHroos^-'ta firemcing fink j ^

acquisition and renoyatKJTiOT>n^qtt^e

ty inlfy

Atlanta, Georgiaf'fnrough the isayRmcg^mJi^Jrot

more tfjaa''$3^000,000 in principaiyMDtoutit^pf

*ral Obligation Debt.

Section 48. In addition to all other appropriations for the fiscal year ending June 30, 1980 there is hereby appropriated $1,985,355 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture, and there is hereby appropriated $3,402,600 for the purpose of providing operating funds for the State physical health

GEORGIA LAWS 1980 SESSION

297

laboratories ($208,600 - Budget Unit `A') and for State mental health/mental retardation institutions ($3,194,000 - Budget Unit `C') in the Department of Human Resources. Provided, further, the Office of Planning and Budget is hereby authorized to transfer funds from this section to the Department's budget on a quarterly basis in an amount equal to that which the Department remits to the Fiscal Division of the Department of Administrative Services from agency fund collections.

Section 49. It is the intent of this General

Assfesqbly that State employees residing in St

owned residences shall be charged for thp^dtility

consumptioJ^xjf those residences. ^Ffte deAatt

ments which ha^e^State-owned^r^sideiK^f's

charge a reasonable'i^te^pr resicfcflde tproe, I*

applied to the installaUarTbL^electrie ^nc

Ui

gas meters whereyerapplicable

J

tion of necesjafy meters, the residences^ j^illl be

charged^fche institution rate for utilityconsump-

tion^Ti a residence is not assigned to an instttq-

tf6n, local utility rates shall be used.

Section 50. It is the intent of this General Assembly that to the greatest extent feasible, the Georgia Building Authority (Hospital) utilize existing surplus funds for payments to bond trustees for unmatured issues to eliminate the necessity of debt-service appropriations in Fiscal Year 1980 and thereafter.

Section 51. The Federal General Revenue Sharing contemplated in this Act shall be applied to the appropriations of the Department of Education and Regents, University System of Georgia for the line item `Teacher Retirement'. The proportion of such Federal Funds to be allocated to the Department of Education and Regents, University System of Georgia shall be determined by the Office of Planning and Budget.

298

GENERAL ACTS AND RESOLUTIONS, VOL. I

Section 52. It is the intent of this General Assembly that each and every agency, board, commission and authority receiving appropriations in this Act shall develop and enforce stringent regulations relating to the use of motor vehicles owned, leased or rented by the State, including provisions that employees authorized to utilize State vehicles for commuting to and from work shall not use such vehicles except for official State business.
Provided, further, it is the intent of this General Assembly that each State agency utilizing xerographic reproducing equipment maintain a log for each unit of equipment indicating the date, number of copies and such other data determined appropriate to conserve the utilization of such equipment. It is the further intent of this General Assembly that each State agency implement procedures to control usage of longdistance, GIST and credit card telephone calls, in order to mitigate the State's cost therefor.
Section 53. It is the intent of this General Assembly that to the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.

GEORGIA LAWS 1980 SESSION

299

It is the further intent of this General Assembly that the Office of Planning and Budget utilize its budgetary and fiscal authority so as to accomplish the above-stated intent to the greatest degree feasible; and that at the end of this fiscal year, said Office of Planning and Budget provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
Section 54. It is the intent of this General Assembly that each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine by Object Class the expenditures of each activity contained in this Appropriations Act.
Section 55. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law. No wholesale distributor of motor fuel shall be entitled to a refund covering shrinkage in the process of retailing motor fuel as authorized by Act of Georgia General Assembly of 1947 (Ga. Laws 1947, p. 1115), by virtue of the said wholesale distributor being engaged in retailing motor fuel.
Section 56. No State appropriations authorized under this Act shall be used to continue programs currently funded by 100% Federal funds.
Section 57. Provided further that no State funds in this appropriation shall be paid to or on behalf of Georgia Indigent Legal Services or its affiliates, nor shall any State facilities be made available for their use, including but not limited

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to the Georgia Interactive Statewide Telecommunications Network either directly or indirectly.
Section 58. In accordance with the requirements of Article IX, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under lease contracts now in existence or as provided for in this Appropriations Act between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the fiscal year beginning July 1, 1978, and for each and every fiscal year thereafter, until all payments required under lease contracts have been paid in full, and if for any reason any of the sums herein provided under any other provision of this Act are insufficient in any year to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.
The General Assembly declares that the sums hereby appropriated for lease rentals are to pay the general obligations of the State incurred under valid lease contracts and such appropriations are to be paid from the general funds of the State as a first charge upon General Funds.
Section 59. All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 1979 regular session and the

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amended Budget Report submitted to the General Assembly at the 1980 regular session, except as otherwise specified in this Act; provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs, and activities subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond fiscal year 1980, and provided, further, that no funds whatsoever shall be transferred between objects without the prior approval of at least eleven (11) members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget. In those cases in which the aforesaid Budget Report contains no recommendation by the Governor of expenditures as to objects, the Director of the Budget, except as to the Legislative and Judicial Branches of the Government, is authorized to allocate as to object such funds as he deems proper, but he shall not approve any operating budget containing any such allocation until such shall be submitted and approved in the same manner and under the same conditions provided hereinbefore for transfers.
Section 60. Wherever in this Act the term `Budget Unit Object Classes' is used, it shall mean that the object classification following such term

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shall apply to the total expenditures within the Budget Unit, and shall supersede the object classification shown in the Budget Report for F.Y. 1980 submitted to the General Assembly at the 1979 regular session and the amended Budget Report submitted to the General Assembly at the 1980 regular session.

Section 61. It is the intent of the General Assembly that for the purposes of this Act,

(1) Authorized motor vehicles are defined as sedans, pick-up trucks, vans, station wagons and any other such vehicles for street and highway use, and

(2) The number of authorized motor vehicles indicated for each budget unit shall include leased vehicles and State-owned vehicles, and

(3) The Departments are not authorized to accept vehicles from surplus property to increase the number authorized in this Act unless specifically approved by this General Assembly.

Section 62. The Office of Planning and Budget is hereby directed to economize wherever possible and in the event any part of the appropriations provided in the foregoing Section of this Act shall be in excess of the actual approved budget allotments for the fiscal year, the amounts so in excess, as determined by the Office of Planning and Budget, shall cease to be an obligation of the State.

Section 63. TOTAL APPROPRIATIONS

F.Y. 1980

$ 2,850,152,707.

Section 64. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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Section 65. All laws and parts of laws in conflict with this Act are hereby repealed."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 4, 1980.

INVESTMENT AUTHORITY OF STATE AGENCIES.
No. 720 (House Bill No. 1532).
AN ACT
To clarify the investment authority of agencies, authorities, boards, public corporations, and other divisions of state government authorized to invest in certain obligations of the United States government in a certain manner; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Agencies, authorities, boards, public corporations, instrumentalities, retirement systems, and other divisions of state government authorized to invest in direct obligations of the United States government or in obligations unconditionally guaranteed by agencies of the United States government may do so by selling and purchasing such obligations under agreements to resell or repurchase said obligations at a date certain in the future, at a specific price which reflects a premium over the purchase or selling price equivalent to a stated rate of interest. "Delivery" of such obligations purchased may be made by deposit through book entry in a

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"safekeeping" account maintained by the seller of such securities, in the name of the purchasing state entity or its agent, clearly indicating the interest of the purchasing state entity.
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 4, 1980.

CERTIFICATION OF WATER AND WASTEWATER TREATMENT PLANT OPERATORS ACT AMENDED.
No. 721 (House Bill No. 860).
AN ACT
To amend an Act entitled the "Certification of Water and Wastewater Treatment Plant Operators Act," approved April 8, 1969 (Ga. Laws 1969, p. 272), as amended, so as to change terminology relative to the certification of water and wastewater treatment plant operators to include laboratory analysts; to amend the definition of the Board of Examiners for Certified Water and Wastewater Treatment Plant Operators to include laboratory analysts; to include laboratory analyst within the definition of the term "certificate"; to provide definitions for the terms "Director," "Division," "Laboratory Analyst," and "Person or Persons"; to specify that the Division, instead of the Board, shall classify all public water supply systems and wastewater treatment plants; to require the certification of laboratory analysts; to provide application procedures for the laboratory analysts; to exempt from the certification requirements those persons who are certified as operators; to provide certification for those persons who have been employed as laboratory analysts for two years if proper application is filed prior to July 1, 1980; to provide that the Board shall prepare certification examinations for

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operators and laboratory analysts; to provide certification by reciprocity for laboratory analysts; to delete provisions pertaining to the issuance of certificates of appropriate classification and certificates of proper classification; to provide for the revocation or suspension of the certificate of a laboratory analyst; to amend the title of the Section pertaining to prohibited acts to include civil penalties and procedures for imposing such penalties; to make unlawful the performance of the duties of a laboratory analyst without being duly certified; to add provisions establishing civil penalties and the procedures for imposing such penalties; to strike provisions pertaining to civil actions to abate violations of the Act and making it a misdemeanor to violate any provisions of the Act; to add new provisions relative to injunctive relief, judgment in accordance with orders imposing civil penalties and criminal penalties for unlawful actions; to authorize the Director to include as conditions in permits issued under the Georgia Safe Drinking Water Act and the Georgia Water Quality Control Act the requirements that an operator or laboratory analyst be duly certified in accordance with the provisions of this Act; to provide for a termination date; to provide severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act entitled the "Certification of Water and Wastewater Treatment Plant Operators Act," approved April 8, 1969 (Ga. Laws 1969, p. 272), as amended, is hereby amended by striking from said Act, wherever the same shall appear, the following words:
"Certification of Water and Wastewater Treatment Plant Operators",
and by inserting in lieu thereof the following:
"Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts".
Section 2. Said Act is further amended by adding the words "and Laboratory Analysts" to the end of subsection 2(a), so that when amended subsection 2(a) shall read as follows:

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"(a) `Board' shall mean the State Board of Examiners for Certified Water and Wastewater Treatment Plant Operators and Laboratory Analysts."
Section 3. Said Act is further amended by adding the words "or laboratory analyst" between the words "operator" and "has" and between the words "operator" and "classification" in subsection 2(b), so that when amended subsection 2(b) shall read as follows:
"(b) `Certificate' shall mean a document issued by the Board stating that the operator or laboratory analyst has met the requirements for the specified operator or laboratory analyst classification of the certification program."
Section 4. Said Act is further amended by adding four new subsections 2(g), (h), (i) and (j), respectively, to the end of Section 2, which new subsections shall read as follows:
"(g) `Director' shall mean the Director of the Division of Environmental Protection, Department of Natural Resources of the State of Georgia.
(h) `Division' shall mean the Division of Environmental Protection, Department of Natural Resources of the State of Georgia.
(i) `Laboratory Analyst' shall mean any person who has the responsibility for testing water or wastewater samples in conjunction with the operation of public water supply systems or wastewater treatment plants.
(j) `Person' or `persons' shall mean any individual, corporation, company, association, partnership, county, municipality, State agency, Federal agency, or other entity."
Section 5. Said Act is further amended by striking the word "Board" from Section 5 and inserting in lieu thereof the word "Division", so that when amended Section 5 shall read as follows:
"Section 5. The Division shall classify all public water supply systems and wastewater treatment plants with due regard to the size, type, character of water or wastewater to be treated and other physical conditions affecting such systems or treatment plants

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according to the skill, knowledge and experience that the operator in responsible charge must have to successfully operate the facilities so as to protect the public health and welfare and prevent unlawful pollution."
Section 6. Said Act is further amended by renumbering subsection (b) of Section 6 as subsection (d) and inserting new subsections (b) and (c) to read as follows:
"(b) Any laboratory analyst who has the responsibility for testing water or wastewater samples in conjunction with the operation of public water supply systems or wastewater treatment plants shall obtain a certificate from the Board. Such persons shall make application to the Board for such a certificate, which application shall be accompanied by a fee of fifteen dollars ($15.00). No additional examination fees shall be required. Any person who has obtained or shall obtain certification by the Board as an operator under this Act shall not be required to obtain a certificate from the Board to provide services as a laboratory analyst.
(c) Any person who on the effective date of this Act is employed as a laboratory analyst in the State of Georgia with two years' experience as a laboratory analyst shall be granted a certificate as a laboratory analyst by the Board notwithstanding any other provision of this Act if such person files a proper application with the Board no later than July 1, 1980."
Section 7. Said Act is further amended by adding at the end of the first sentence of Section 7, following the word "certification", the following:
"as operators or laboratory analysts",
so that when amended the first sentence of Section 7 shall read as follows:
"The Board shall prepare written examinations to be used in determining the knowledge, ability and judgment of applicants for certification as operators or laboratory analysts."
Section 8. Said Act is further amended by adding the words "or laboratory analysts" to Section 8 between the words "operators"

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and "under" and between the words "operators" and "of", so that when amended Section 8 shall read as follows:
"Section 8. The Board, upon application, may issue a certificate, without examination, in a comparable classification to any person who holds a certificate in any state, territory or possession of the United States or any country, providing the requirements for certification of operators or laboratory analysts under which the person's certificate was issued do not conflict with the provisions of this Act and are of a standard not lower than that specified by regulations adopted under this Act and providing further that reciprocal privileges are granted to certified operators or laboratory analysts of this State."
Section 9. Said Act is further amended by deleting Section 9, pertaining to the issuance of certificates of appropriate classification and certificates of proper classification, in its entirety and by renumbering the Sections remaining thereafter in consecutive order.
Section 10. Said Act is further amended by inserting after the word "operator", wherever it appears in the first paragraph of present Section 11, the words "or laboratory analyst", so that when amended the first paragraph of Section 11 shall read as follows:
"The Board may investigate the actions of any operator or laboratory analyst and may revoke or suspend the certificate of an operator or laboratory analyst, following a hearing conducted in accordance with the Georgia Administrative Procedure Act, when it is found that the operator or laboratory analyst has practiced fraud or deception; that reasonable care, judgment, or the application of his knowledge or ability was not used in the performance of his duties, or that the operator or laboratory analyst is incompetent or unable properly to perform his duties. All investigations shall be made by an investigator assigned to the Board by the Joint Secretary, State Examining Boards, or through the other facilities available through the Joint Secretary."
Section 11. Said Act is further amended by striking the word "Enforcement" from the title of present Section 13 and inserting in lieu thereof the following words "Civil Penalties and Procedures for Imposing Such Penalties", so that when amended, the title of present Section 13 shall read as follows:

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"Prohibited Acts; Civil Penalties and Procedures for Imposing Such Penalties."
Section 12. Said Act is further amended by adding in subsection 13(a), immediately following the word "operator", the following words "or laboratory analyst", so that when amended, subsection 13(a) shall read as follows:
"(a) It shall be unlawful for any person to perform the duties of an operator or laboratory analyst without being duly certified under the provisions of this Act."
Section 13. Said Act is further amended by striking subsection 13(c), pertaining to the abatement of any violation of this Act or any rule or regulation promulgated by the Board, and by striking subsection 13(d), pertaining to misdemeanor penalties for violations, and by inserting in lieu thereof the following new subsections 13(c) and (d) which shall read as follows:
"(c) Civil penalties. (1) Any person violating any provision of this Act shall be liable for a civil penalty not to exceed $500 for each day during which said violation continues. (2) Any person willfully violating any provisions of this Act shall be liable for a civil penalty not to exceed $5,000 for each day during which said violation continues.
(d) Procedures. Whenever the Director has reason to believe that any person has violated any provision of this Act, he may, upon written request, cause a hearing to be conducted before a hearing officer appointed by the Board of Natural Resources. Upon a finding that said person has violated any provision of this Act, said hearing officer shall issue his initial decision and order imposing such civil penalties as are herein provided. Such hearing and any administrative or judicial review thereof shall be conducted in accordance with Section 17(a) of the `Executive Reorganization Act of 1972."'
Section 14. Said Act is further amended by redesignating present Sections 14, 15, and 16 as Sections 19, 20, and 21, respectively, and by adding immediately following Section 13 new Sections 14, 15, 16, 17, and 18 to read as follows:

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"Section 14. Application by Director for Injunctive Relief. Whenever in the judgment of the Director any person has engaged in or is currently engaged in or is about to engage in any act or practice which constitutes or will constitute an unlawful action under this Act, he may make application to the superior court of the county in which the unlawful act or practice has been or is about to be engaged in for an order enjoining such act or practice, or for an order requiring compliance with the Act and, upon a showing by the Director that such person has engaged in or is about to engage in any such act or practice, a permanent or temporary injunction, restraining order, or other order shall be granted without the necessity of showing lack of an adequate remedy at law.
Section 15. Judgment in Accordance with Orders Imposing Civil Penalties. The Director may file in the superior court of the county wherein the person under order resides, or if said person is a corporation, in the county wherein the corporation maintains its principal place of business, or in the county wherein the violation occurred, a certified copy of a final order issued pursuant to Section 12(c) and (d) unappealed from or a final order issued pursuant to Section 12(c) and (d) affirmed upon appeal, whereupon said court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect, and all proceedings in relation thereto shall thereafter be the same, as though said judgment has been rendered in a suit duly heard and determined by said court.
Section 16. Criminal Penalty for Unlawful Action. Any person who engages in any action made unlawful by this Act shall be guilty of a misdemeanor and, upon conviction therefor, shall be-punished as provided by law. Each day of continued violation after conviction shall constitute a separate offense.
Section 17. Permit Conditions. The Director is authorized where appropriate to include as a condition in a permit issued pursuant to the Georgia Safe Drinking Water Act of 1977 (Ga. Laws 1977, pp. 351, et seq.) or the Georgia Water Quality Control Act (Ga. Laws 1967, pp. 416, et seq.), as amended, a requirement that the operator and laboratory analyst be duly certified in accordance with the provisions of this Act.

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Section 18. Termination Date: Repeal of Law. (a) The termination date of the State Board of Examiners for Certified Water and Wastewater Treatment Plant Operators is July 1, 1985. This Act, as now or hereafter amended, shall stand repealed in its entirety on July 1, 1986.
(b) The provisions of this Section are pursuant to the Act known as `The Act Providing for the Review, Continuation, Reestablishment or Termination of Regulatory Agencies,' approved March 24, 1977 (Ga. Laws 1977, p. 961), and this Section shall serve to continue the State Board of Examiners for Certified Water and Wastewater Treatment Plant Operators in accordance with the dates established by subsection (a) of this Section."
Section 15. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 16. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 17. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 5, 1980.

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GEORGIA ELECTION CODE AMENDED.
Code Title 34 Amended.
No. 722 (House Bill No. 1407).
AN ACT
To amend Code Title 34, known as the "Georgia Election Code," as amended, so as to provide additional powers and duties for the Secretary of State and the superintendent; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Title 34, known as the "Georgia Election Code," as amended, is hereby amended by adding a new Code section at the end of Code Chapter 34-3, to be designated Code Section 34-304, to read as follows:
"34-304. Qualifications of candidates; determination of qualifications. (a) Every candidate for federal and state office, except for the office of justice of the peace, certified by the state executive committee of a political party and every candidate for federal and state office, except for the office of justice of the peace, filing a notice of candidacy shall meet the constitutional and statutory qualifications for holding the office being sought.
(b) The Secretary of State upon his own motion may challenge the qualifications of any candidate. Within two days after the deadline for qualifying, any elector who is eligible to vote for a candidate may challenge the qualifications of the candidate by filing a written complaint with the Secretary of State giving the reason(s) why the elector believes the candidate is not qualified to seek and hold the public office for which he is offering. Upon his own motion or upon a challenge being filed, the Secretary of State shall notify the candidate in writing that his qualifications are being challenged and the reasons therefor and advise the candidate that he is setting a hearing on the matter and inform the candidate of the date, time, and place of the hearing. The Secretary of State shall determine if the candidate is qualified to seek and hold the public office for which he is offering. If the Secretary of State determines

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that the candidate is not qualified, the Secretary of State shall withhold the name of the candidate from the ballot or strike his name from the ballot if the ballots have been printed.
(c) The candidate or the elector filing the challenge shall have the right to appeal the decision of the Secretary of State by filing a petition in the superior court having jurisdiction in accordance with the applicable provisions of Code Chapter 34-17, relating to contested primaries and elections, as the same exists or may hereafter be amended."
Section 2. Said Code title is further amended by adding a new Code section at the end of Code Chapter 34-4, to be designated Code Section 34-406, to read as follows:
"34-406. Qualifications of candidates; determination of qualifications. (a) Every candidate for county office and for the office of justice of the peace certified by the county executive committee of a political party and every candidate for county office and for the office of justice of the peace filing a notice of candidacy shall meet the constitutional and statutory qualifications for holding the office being sought.
(b) The superintendent upon his own motion may challenge the qualifications of any candidate. Within two days after the deadline for qualifying, any elector who is eligible to vote for a candidate may challenge the qualifications of the candidate by filing a written complaint with the superintendent giving the reason(s) why the elector believes the candidate is not qualified to seek and hold the public office for which he is offering. Upon his own motion or upon a challenge being filed, the superintendent shall notify the candidate in writing that his qualifications are being challenged and the reasons therefor and advise the candidate that he is setting a hearing on the matter and inform the candidate of the date, time, and place of the hearing. The superintendent shall determine if the candidate is qualified to seek and hold the public office for which he is offering. If the superintendent determines that the candidate is not qualified, the superintendent shall withhold the name of the candidate from the ballot or strike his name from the ballot if the ballots have been printed.

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(c) The candidate or the elector filing the challenge shall have the right to appeal the decision of the superintendent by filing a petition in the superior court having jurisdiction in accordance with the applicable provisions of Code Chapter 34-17, relating to contested primaries and elections, as the same exists or may hereafter be amended."
Section 3. This Act shall become effective on July 1, 1981.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 5, 1980.

MUNICIPAL ELECTION CODE AMENDED.
Code Chapter 34A-3 Amended.
No. 723 (House Bill No. 1408).
AN ACT
To amend Code Chapter 34A-3, relating to municipal superintendents, as amended, so as to provide additional powers and duties for superintendents; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Chapter 34A-3, relating to municipal superintendents, is hereby amended by adding a new Code section at the end thereof, to be designated Code Section 34A-303, to read as follows:
``34A-303. Qualifications of candidates; determination of qualifications. (a) Every candidate for municipal office certified by a municipal executive committee of a political party and every candi-

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date for municipal office filing a notice of candidacy shall meet the constitutional and statutory qualifications for holding the office being sought.
(b) The superintendent upon his own motion may challenge the qualifications of any candidate. Within two days after the deadline for qualifying, any elector who is eligible to vote for a candidate may challenge the qualifications of the candidate by filing a written complaint with the superintendent giving the reason(s) why the elector believes the candidate is not qualified to seek and hold the public office for which he is offering. Upon his own motion or upon a challenge being filed, the superintendent shall notify the candidate in writing that his qualifications are being challenged and the reasons therefor and advise the candidate that he is setting a hearing on the matter and inform the candidate of the date, time, and place of the hearing. The superintendent shall determine if the candidate is qualified to seek and hold the public office for which he is offering. If the superintendent determines that the candidate is not qualified, the superintendent shall withhold the name of the candidate from the ballot or strike his name from the ballot if the ballots have been printed.
(c) The candidate or the elector filing the challenge shall have the right to appeal the decision of the superintendent by filing a petition in the superior court having jurisdiction in accordance with the applicable provisions of Code Chapter 34A-15, relating to contested primaries and elections, as the same exists or may hereafter be amended."
Section 2. This Act shall become effective on July 1, 1981.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 5, 1980.

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DUBLIN JUDICIAL CIRCUIT - ADDITIONAL JUDGE.
No. 725 (House Bill No. 1481).
AN ACT
To provide for one additional judge of the superior courts of the Dublin Judicial Circuit of Georgia; to provide for the appointment of the first such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers of said judge; to prescribe the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the counties comprising said circuit; to authorize the judges of said court to divide and allocate the work and duties thereof; to require each candidate for such judgeship to designate the place for which he is running; to provide for the manner of empaneling jurors; to provide for an additional court reporter for said circuit; to authorize the governing authorities of the counties which comprise the Dublin Judicial Circuit to provide facilities, office space, supplies, equipment, and personnel for said judges; to declare inherent authority; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Under and in accordance with the provisions of Article VI, Section III, Paragraph I of the Constitution of the State of Georgia of 1976, one additional judge of the superior courts for the Dublin Judicial Circuit of Georgia is hereby added, thereby increasing to two the number of judges of the superior courts for said circuit, effective upon the appointment of said additional judge by the Governor as provided by this Act.
Section 2. Said additional judge shall be appointed by the Governor for a term of office beginning on January 1, 1981, and continuing through December 31, 1982, and until his successor is elected and qualified. Such judge shall be appointed by the Governor prior to January 1, 1981, and shall take office on that date. His successor shall be elected in the manner provided by law for the election of judges of the superior courts of this state at the general election in November, 1982, for a term of four years beginning on the first day of January, 1983, and until his successor shall have been elected and qualified. Future successors shall be elected at the general election

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each four years thereafter for terms of four years and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election. Such elections shall be held and conducted in the manner provided by law for the election of judges of the superior courts of this state.
Section 3. Every person who offers for nomination and election as one of the judges of said superior courts for the Dublin Judicial Circuit of Georgia shall designate with the state party authority in all state primaries and with the proper authority in all general elections the specific place for which he offers by naming the incumbent judge whom he desires to succeed, and thereupon he shall be qualified, if otherwise qualified, to run for said specific judgeship and no other. In the event there is no incumbent judge in the place for which he desires to offer, the candidate shall qualify by announcing his intention to run for the office for which there is no incumbent.
Section 4. The additional judge of the superior courts for the Dublin Judicial Circuit of Georgia shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Either of the judges of the Dublin Judicial Circuit may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law.
Section 5. The qualifications of such additional judge and his successors shall be the same as are now provided by law for all other superior court judges, and his compensation, salary, and expense allowance from the State of Georgia and from the counties of such circuit shall be the same as that of the other judges of the superior courts of the Dublin Judicial Circuit. The provisions, if any, heretofore enacted for the supplementation by the counties of said circuit of the salary of the judge of the superior courts of the Dublin Judicial Circuit shall also be applicable to the additional judge provided for by this Act.
Section 6. All writs and processes in the superior courts of the Dublin Judicial Circuit shall be returnable to the terms of said superior court as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of said courts shall be held in the same manner as though there were but

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one judge, it being the intent and purpose of this Act to provide two judges coequal in jurisdiction and authority to attend to and perform the functions, powers, and duties of the judges of said superior courts and to direct and conduct all hearings and trials in said courts.
Section 7. The two judges of the superior courts of the Dublin Judicial Circuit of Georgia in transacting the business of said courts and in performing their duties and responsibilities, shall share, divide, and allocate the work and duties to be performed by each. In the event of any disagreement between said judges in any respect hereof, the decision of the senior judge in point of service, who shall be known as the chief judge, shall be controlling. The judge of the Superior Court of the Dublin Judicial Circuit serving at the time this Act becomes effective shall be the first senior judge and shall continue as senior judge as long as he shall serve. Thereafter, the judge with the longest period of time of service shall be the senior judge. The chief judge shall have the right to appoint referees of the juvenile courts of the counties comprising said circuit; and, in the event a juvenile court is established in any of said counties within said circuit, as provided by law, the chief judge shall appoint the judge of said court as provided by law. The two judges of the superior courts of the Dublin Judicial Circuit shall have, and they are hereby clothed with full power, authority, and discretion to determine from time to time, and term to term, the manner of calling the dockets and/or fixing the calendars and order of business in said courts. They may assign to one of said judges the hearing of trials by jury for a term, and the hearing of all other matters not requiring a trial by a jury to the other judge, and they may rotate such order of business at the next term. They may conduct trials by jury at the same time in the same county or otherwise within said circuit, or they may hear chambers business and motion business at the same time at any place within said circuit. They may provide in all respects for holding the superior courts of said circuit so as to facilitate the hearing and determination of all the business of said courts at any time pending and ready for trial or hearing. In all such matters relating to the manner of fixing, arranging for, and disposing of the business of said courts, and making appointments as authorized by law where the judges thereof cannot agree or shall differ, the opinion or order of the chief judge as hereinbefore defined shall control.

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Section 8. The drawing and empaneling of all jurors, whether grand, petit, or special may be by either of the judges of the superior courts of said circuit, and they, or either of them, shall have full power and authority to draw and empanel jurors for service in said courts so as to have jurors for the trial of cases before either of said judges separately, or before each of them at the same time.
Section 9. The two judges of the Dublin Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law.
Section 10. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Dublin Judicial Circuit may bear teste in the name of any judge of the Dublin Judicial Circuit, and when issued by and in the name of any judge of said circuit, shall be fully valid and may be heard and determined before the same or any other judge of said circuit. Any judge of said court may preside over any cause therein and perform any official act as judge thereof.
Section 11. Upon request of either judge of the circuit, the governing authorities of the counties comprising the Dublin Judicial Circuit are hereby authorized to furnish the judges of said circuit with suitable courtrooms and facilities, office space, telephone, furniture, office equipment, supplies, and such personnel as may be considered necessary by the court to the proper function of the court. All of the expenditures authorized herein are hereby declared to be an expense of court and payable out of the county treasury as such.
Section 12. Nothing herein enumerated shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia.
Section 13. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intention to Introduce Local Legislation
Notice is hereby given that there will be introduced in the 1980 regular session of the General Assembly of Georgia, a bill to repeal an Act which created the City Court of Dublin (Ga. Law 1900, p. 117, as amended) in its entirety upon the establishment of a second Superior Court for the Dublin Judicial Circuit; to provide an effective date; to repeal conflicting laws; and for other purposes.
Leon Green County Attorney
Georgia, Laurens County.
This is to certify that the attached Advertisement was published in the Laurens County News, Dublin, Georgia, a newspaper of general circulation in the State and County above and the newspaper in which the advertisements of the Sheriff of Laurens County, are published, and
That the attached was published on January 9, 16, and 23, 1980.
Certified this the 24th day of January, 1980.
p| Dahlia Wren, Editor and Publisher Laurens County News
Sworn to and subscribed before me, this 24th day of January, 1980.
/s/ Donald W. Gillis Notary Public, Georgia State at Large. My Commission Expires Aug 15, 1982.
Approved February 1, 1980.

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MEDICAL LICENSES - ANNUAL RENEWAL OF PROVISIONAL LICENSES.
Code Chapter 84-9 Amended.
No. 726 (House Bill No. 1423).
AN ACT
To amend Code Chapter 84-9, relating to medical practitioners, as amended, particularly by an Act approved April 16, 1979 (Ga. Laws 1979, p. 1023), so as to provide that provisional licenses may be renewed annually without limitation in the case of applicants who held valid provisional licenses on or before April 16, 1979; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Chapter 84-9, relating to medical practitioners, as amended, particularly by an Act approved April 16, 1979 (Ga. Laws 1979, p. 1023), is hereby amended by redesignating subsections (b) and (c) of Section 84-927.1 as subsections (c) and (d), respectively, and by adding a new subsection (b) to read as follows:
"(b) Notwithstanding the provisions of subsection (a), a provisional license issued to a person who held a valid provisional license on or before April 16, 1979, shall be annually renewable without any one-time-only renewal limitation as long as such person continues to meet the other requirements specified in this Section.",
so that when so amended said section shall read as follows:
"84-927.1. (a) The board may, in its discretion, issue a provisional license to an applicant who demonstrates to the board that he possesses all the qualifications and meets all requirements necessary to become a licensed practitioner in this State except for having passed any required examination. In such a case, the board may

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waive the examination requirement and grant a provisional license which shall be valid only so long as the applicant shall practice in the geographic locality specified upon such license. The practitioner so licensed shall annually renew his license and in doing so shall furnish such proof as the board may require to indicate that he has practiced in the geographic location specified upon such license; provided, that any such provisional license shall expire twelve months after its issue and may be renewed for only one additional twelve-month period following such expiration, except that a provisional license issued to a person serving on the effective date of this Section in the position as a District Health Director and as a Director of a County Board of Health shall be annually renewable without such one-time-only renewal limitation as long as such person continues to meet the other requirements specified in this Section and continues to serve in such position. The board shall not issue any such provisional license unless it determines in its discretion that there is an unfulfilled need for such medical services in the locality specified.
(b) Notwithstanding the provisions of subsection (a), a provisional license issued to a person who held a valid provisional license on or before April 16, 1979, shall be annually renewable without any one-time-only renewal limitation as long as such person continues to meet the other requirements specified in this Section.
(c) If a license applicant fails for the third or any subsequent time any examination which is required to be passed in order to become a licensed practitioner in this State, the applicant shall not be eligible to retake any such examination until such applicant furnishes proof erf having completed one year of appropriate education and training as approved by the board.
(d) The board shall have the power to promulgate such rules and regulations as may be necessary to implement the intent of this Code Section."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 7, 1980.

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GAME AND FISH - RACCOON TRAPPING.
Code Title 45 Amended.
No. 730 (Senate Bill No. 414).
AN ACT
To amend Code Title 45, known as the "Game and Fish Code," as amended, so as to delete the phrase authorizing annual raccoon trapping in certain areas of the State; to provide for severability; to provide a new effective date for Act No. 718 approved by the Governor March 4, 1980; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Title 45, known as the "Game and Fish Code," as amended, is hereby amended by striking from the end of subsection (e) of Code Section 45-601 the following phrase:
", and it shall be lawful to trap raccoons at any time during the year in any area of the State south of said area",
so that when so amended said subsection (e) shall read as follows:
"(e) Notwithstanding subsection (a) or (b) of this section, it shall be unlawful to trap raccoons in that area north of and including Carroll, Fulton, DeKalb, Gwinnett, Barrow, Jackson, Madison and Elbert Counties at any time during the year."
Section 2. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act,

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which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 3. Act No. 718, approved by the Governor on March 4, 1980, which amends Code Section 45-114 relating to disposition of funds and Code Section 45-513 relating to hunting seasons and bag limits, is hereby amended by striking Section 3 thereof in its entirety and substituting in lieu thereof a new Section 3 to read as follows:
"Section 3. This Act shall become effective April 1, 1980."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 12, 1980.

NATURAL RESOURCES - STATE PARK FUND ABOLISHED, ETC.
No. 731 (House Bill No. 1432).
AN ACT
To amend an Act creating a Department of Natural Resources, approved March 5, 1937 (Ga. Laws 1937, p. 264), as amended, so as to abolish the "State Park Fund" and repeal the provisions relating thereto; to provide for a statement of purpose; to provide for the disposition of miscellaneous funds obtained by the Department from the operation of its park, historic and recreational facilities; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia:
Section 1. The General Assembly hereby finds that the "State Park Fund" was created by an Act approved March 5, 1937 (Ga. Laws 1937, p. 264), as amended. The General Assembly further finds that this fund does not actually exist at the present time and that the provisions of law relating to such fund are in violation of the Georgia Constitution. The General Assembly further finds that the provisions of law relating to such fund should be repealed and that in lieu thereof provision should be made for the disposition of certain miscellaneous funds obtained from the operation of parks, historic and recreational facilities.
Section 2. An Act creating a Department of Natural Resources, approved March 5, 1937 (Ga. Laws 1937, p. 264), as amended, is hereby amended by striking from paragraph (1) of subsection (4) of Section 9 of said Act the following:
"A `State Park Fund' is hereby created. All moneys received by the Commissioner or department by gift, bequest, or contribution shall be deposited in the State Treasury to the credit of said fund and are hereby appropriated to be expended in carrying out the terms of any such gifts, bequests, or contribution, and in the absence of any such terms to be applicable to any of the purposes of this Act. All disbursements from said fund shall be made upon proper voucher of the Commissioner, drawn on the State Treasurer, approved by the Governor. Any unobligated moneys remaining in said fund at the end of any fiscal year shall not revert to the general fund but shall constitute a continuing fund to be available to the Commissioner until expended.",
in its entirety and substituting in lieu thereof the following:
"Notwithstanding any other provision of law, the Department is hereby authorized to retain all miscellaneous funds generated by the operation of its park, historic and recreational sites and facilities for use in the operation and maintenance of said sites and facilities. Any such funds not expended for said purpose in the fiscal year in which they are generated shall be deposited in the State Treasury. Provided, however, nothing in this Section shall be construed so as to allow the Department to retain any funds required by the Constitution to be paid into the State Treasury. Provided further, that the

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Department shall comply with all provisions of the Budget Act (Ga. Laws 1962, p. 17 et seq.), as amended, except Code Section 40-423, prior to expending any such miscellaneous funds."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 12, 1980.

CRIMINAL INVESTIGATION WARRANTS - IMPORTATION OR SALE OF MARIJUANA.
Code Section 26-3004 Amended.
No. 732 (House Bill No. 1156).
AN ACT
To amend Code Section 26-3004, relating to exemptions of law enforcement officers from the provisions of Code Chapter 26-30, relating to invasions of privacy, as amended, so as to make any crime involving marijuana a crime which will authorize an investigation warrant; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 26-3004, relating to exemptions of law enforcement officers from the provisions of Code Chapter 26-30, relating to invasions of privacy, as amended, is hereby amended by adding immediately following the words "or any crimes involving arson, kidnapping, narcotics, dangerous drugs,", where such words appear in the first sentence of subsection (c) of said Code Section, the following:

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"importation, or sale of marijuana,"
so that when so amended subsection (c) of Code Section 26-3004 shall read as follows:
"(c) When there is probable cause to believe that a person is committing or has committed an act which endangers the national security of the United States or the security of this State or that such person is committing or has committed the crime of treason, insurrection, rebellion, espionage, sabotage, or any felony involving bodily harm, or any crimes involving arson, kidnapping, narcotics, dangerous drugs, importation, or sale of marijuana, burglary, prostitution, theft, blackmail, extortion, bribery, gambling or any felony involving alcoholic beverage laws, auto thefts, or there is probable cause to believe that a private place is being utilized or has been utilized for the commission of any such crime, then, upon written application, under oath, of the district attorney of the circuit wherein the device is to be physically placed, or the Attorney General, which application affirms that there is probable cause to believe (1) that a person is committing or has committed any of the crimes enumerated in this subsection, or (2) that a private place is being utilized or has been utilized for the commission of any of the crimes enumerated in this subsection and sets forth specifically the basis of such probable cause and particularly describes the person or place, the crime or crimes, the device or devices to be used, and the specific conversations and activities to be overheard and observed, as the case may be, any judge of the superior court of the circuit aforesaid may issue an investigation warrant permitting the use of devices, as defined by Section 26-3009, for the surveillance of such person or place provided such warrant specifies with particularity the device or devices the use of which is to be thereby permitted, the purpose, duration and circumstances of use permitted, the crime or crimes allegedly being committed, and the person or persons and place or places to be subject to such surveillance."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 12, 1980.

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GREAT PARK AUTHORITY CREATED.
No. 734 (House Bill No. 1679).
AN ACT
To create the Great Park Authority; to provide for the composition, appointment, and terms of office of the authority members; to provide for the purpose of the authority; to provide the powers of the authority; to provide that the authority shall devise a plan for the development of the Great Park; to provide for a report to the Governor and the General Assembly; to provide for definitions; to provide the procedures connected with the foregoing; to provide that this Act shall be repealed on July 1, 1983; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. This Act may be cited as "The Great Park Authority Act."
Section 2. There is hereby created a body corporate and politic to be known as "The Great Park 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. The authority may delegate to one or more of its members or to its officers, agents, and employees such powers and duties as it may deem proper.
Section 3. The authority shall be composed of seven members who shall be appointed to the authority by the Governor. The board shall elect one of its members as chairman and another as vice-chairman for terms to expire on December 31 of each year to preside at meetings and perform such other duties as the board may prescribe. All meetings of the authority and the authority's activities and business shall be conducted in compliance with and in conformity to an Act providing for open meetings, approved March 28, 1972 (Ga. Law 1972, p. 575), as amended.
Section 4. The authority is created for the purpose of formulating a development plan and plan of implementation for the creation of a unique innercity great park within the City of Atlanta.

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Section 5. The authority shall have power:
(a) to have a seal and alter the same at pleasure;
(b) to acquire, hold, and dispose of personal property for its corporate purposes;
(c) to appoint and select officers, agents, and employees, including engineering, architectural, and construction experts and attorneys, and fix their compensation;
(d) to make contracts and to execute all instruments necessary or convenient for the authority's purposes;
(e) to accept loans and grants, either or both, of money or materials or property of any kind from the United States of America, or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may impose;
(f) 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;
(g) to do all things necessary or convenient to carry out the powers expressly given in this Act;
(h) to act as agent for the United States of America, or any agency, department, corporation, or instrumentality thereof, in any manner coming within the purposes or powers of the authority;
(i) to adopt, alter, or repeal its own bylaws, rules, and regulations, not inconsistent with this Act, governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the authority may deem necessary or expedient in facilitating its business;
(j) to do any and all other acts and things in this Act authorized or required to be done, whether or not included in the general powers mentioned in this section;

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(k) to receive gifts, donations, or contributions from any person, firm, or corporation;
(l) to hold, use, administer, and expend such sum or sums as may be received as income, as gifts, or appropriated by authority of the General Assembly for the purposes of this authority;
(m) to appoint advisory boards or committees to assist the authority to accomplish its purposes.
The authority shall have no authority or power to incur any debt or obligation of indebtedness whatsoever.
The authority shall appoint such number of advisory boards or councils as it deems necessary to assist the authority to accomplish its purposes.
Section 6. The authority shall enter upon the discharge of its duties and responsibilities as soon as practicable after the approval of this Act and the appointment of the initial members of the authority by the Governor. The authority, using the Portman Plan and the research and data collected and assembled in connection therewith and such other proposals which have been formulated for the development of the Great Park as an initial point of departure, shall develop a master plan for the most appropriate utilization of the property constituting the Great Park and for the development of the Great Park. The authority shall submit to the Governor and the 1981 session of the General Assembly the authority's Great Park Plan and a draft of recommended and needed legislation to implement such plan. The Great Park Plan shall not exceed the scope of development contemplated in the Portman Plan. The Great Park Plan developed by the authority shall be so designed and structured as to:
(1) Maximize the contributions to the physical, cultural, social and economic opportunities of Atlantans, Georgians, and visitors to the region.
(2) Exploit the potential for furthering the emergence of Georgia's capital city as an international city.

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(3) Contain a level of innovation and quality so as to appeal to and be compatible with as many diverse groups with varying interests and values as possible.
(4) Complement the housing, recreation, open space, and transportation needs of the state, the region, and the City of Atlanta and provide transportation routes that will facilitate the movement of eastern and western bound traffic.
(5) Enhance the livability, stability, and utility of the existing community surrounding the Great Park.
(6) Be of a scale and nature that the availability of funds for the continuous operation and maintenance of the Great Park may be insured to the highest possible degree.
Prior to submitting its final plan and recommendations to the Governor and the General Assembly, the authority shall conduct at least one public hearing for the purpose of eliciting from the general public its input reaction and recommendations concerning the Great Park Plan.
Section 7. As used in this Act:
(1) "The Great Park" means the 219 acres adjacent to the Atlanta central business district, which land was both originally acquired by the state for purposes of constructing portions of I485 or the Stone Mountain Freeway and which land is owned by the state on the effective date of this Act.
(2) "The Great Park Plan" means the authority's development plan for the Great Park.
(3) "The Portman Plan" means the development plan for the Great Park as set forth in a report to the Governor dated November 26, 1979, entitled "The Land Use Plan for I485/Stone Mountain Freeway Property" and the attachments to such report.
Section 8. This Act shall be repealed on July 1, 1983.

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Section 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 10. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 13, 1980.

INTANGIBLE PERSONAL PROPERTY TAXATION.
Code Chapter 91A-31 Amended.
No. 736 (House Bill No. 11).
AN ACT
To amend Code Chapter 91A-31, relating to intangible personal property taxation, so as to provide an exemption from the requirement of making a return and paying the tax; to change certain provisions relating to assessment duties of the State Revenue Commissioner; to provide for a separate digest for said tax; to provide for confidentiality of records relating to said tax; to clarify certain provisions relating to allocation of the proceeds of the tax; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Chapter 91A-31, relating to intangible personal property taxation, is hereby amended by adding a new subsection at the end of Code Section 91A-3108, relating to returns of intangible personal property for purposes of ad valorem taxation, to be designated subsection (e), to read as follows:
"(e) (1) It is the intent of the enactment of this subsection to carry into effect the constitutional authorization to exempt from the return and payment requirements of this Chapter those

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returns from which the tax due exceeds the reasonable cost of administering the tax.
(2) No return need be filed pursuant to this Section, nor tax paid as required by this Chapter, if the amount of tax due on all intangible property owned wholly or in part by the person liable for the tax is less than $5.00."
Section 2. Said Code Chapter is further amended by striking in its entirety subsection (a) of Code Section 91A-3116, relating to certification of assessments, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The Commissioner shall certify the assessments fixed to the various tax commissioners or tax receivers with regard to the situs of the property, such certification to be made with respect to all property listed on returns where the property is assessed for at least $5.00 or where the Commissioner determines that the final assessment on all property owned wholly or in part by the taxpayer would be for at least $5.00. Each tax commissioner or tax receiver shall record the value certified by the Commissioner, shall make assessment of all property certified but not assessed, and shall cause the aggregate values so fixed to be entered on a separate intangible personal property tax digest of the county."
Section 3. Said Code Chapter is further amended by striking in its entirety Code Section 91A-3120, relating to apportionment of intangible tax revenue, and substituting in lieu thereof a new Code Section 91A-3120 to read as follows:
"91A-3120. Apportionment of intangibles tax revenue. Revenue derived from taxes on intangible personal property shall be divided among the State and all other taxing jurisdictions and districts (including, but not limited to, countywide and municipal districts) which levy for their benefit or cause to be levied for their benefit a property tax on real and tangible personal property having the same taxable situs as the intangible personal property from which the revenue is derived. The distribution shall be made upon the proportion that the millage rate levied for the State and each such other taxing jurisdiction or district respectively bears to the total millage rate levied for all purposes applicable to real and tangible personal property having the same taxable situs as the intangible personal

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property on which the intangible tax was collected. The revenue which is distributed to municipalities having independent school systems supported by taxes levied by the municipality shall be divided between the municipality and the independent school system upon the proportion that the mill rate levied by the municipality for nonschool purposes and the mill rate levied for school purposes bear to the total mill rate levied by the municipality for all purposes. The tax levied in this Chapter shall be deemed to be levied by the participating taxing authorities in the proportion that the millage rate of each participating taxing authority bears to the aggregate millage rate of all the participating taxing authorities."
Section 4. Said Code Chapter is further amended by adding a new Section at the end thereof, to be designated Code Section 91A3125, to read as follows:
"91A-3125. Records confidential. The intangible personal property tax digest, returns, and related records shall be confidential and shall not be subject to inspection by any person other than authorized personnel of appropriate tax administrators. Nothing in this Section, however, shall prevent any disclosure necessary or proper to the collection of any tax in any administrative or court proceeding."
Section 5. This Act shall become effective upon its approval by the Governor or upon its otherwise becoming a law without his approval, except that Section 4 shall become effective January 1, 1981.
Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 18, 1980.

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ELEEMOSYNARY INSTITUTIONS - PROFESSIONAL FUND RAISING.
Code Title 35 Amended.
No. 737 (House Bill No. 397).
AN ACT
To amend Code Title 35, relating to eleemosynary institutions, as amended, so as to create a new Code Chapter providing for the regulation of professional fund raising; to define certain terms; to provide for registration of charitable organizations, professional fund raisers and professional solicitors; to exempt certain persons; to provide for reports; to provide for contracts; to provide for charitable expenditures; to prohibit certain conduct; to provide for investigations; to provide for equitable relief; to provide for receivers; to provide for private actions; to provide for service of process; to provide for additional regulations by counties, municipalities or consolidated governments; to provide for withdrawal of registrations; to provide for penalties; to provide for severability; to repeal specific Acts; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Title 35, relating to eleemosynary institutions, as amended, is hereby amended by adding at the end thereof a new Code Chapter to be designated Code Chapter 35-10 to read as follows:
"CHAPTER 35-10 Regulation of Professional
Fund Raising
35-1001. Solicitation and collection of funds for charitable purposes; definitions. As used in this Code Chapter, unless the context requires otherwise:
(a) `Administrator' means the Administrator of the `Fair Business Practices Act of 1975.'

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(b) `Charitable organization' shall mean any benevolent, philanthropic, patriotic or eleemosynary (of, relating to or supported by charity or alms) person or one purporting to be such who solicits or obtains contributions solicited from the general public, any part of which is, or is purported to be, used for charitable purposes.
(c) `Charitable purpose' means any charitable, benevolent, philanthropic, patriotic, or eleemosynary purpose for religion, health, education, social welfare, arts and humanities, environment, civic, or public interest.
(d) `Contribution' means the promise or grant of any money or property of any kind or value.
(e) `Department' means the Secretary of State.
(f) `Membership' or `member' means that for the payment of fees, dues, assessments, etc., an organization provides services and confers a bona fide right, privilege, professional standing, honor, or other direct benefit in addition to the right to vote, elect officers, or hold offices. The terms shall not be construed to apply to any organization which confers a membership to anyone solely as a consideration for making a contribution.
(g) `Parent organization' means that part of a charitable organization which coordinates, supervises, or exercises control over policy, fund raising, and expenditures and assists and advises one or more chapters, branches, or affiliates in this State.
(h) `Person' means any individual, organization, group, association, partnership, corporation or any combination of them.
(i) `Professional fund raiser' includes any person who, for compensation or other consideration, plans, conducts, manages or carries on any drive or campaign in this State for the purpose of soliciting contributions for or on behalf of any charitable organization or any other person or who engages in the business of, or holds himself out to persons in this State as independently engaged in the business of, soliciting contributions for such purpose. A bona fide officer or employee of a charitable organization is not deemed a professional fund raiser.

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(j) `Professional solicitor' includes any person who is employed or retained for compensation by a professional fund raiser to solicit contributions for charitable purposes from persons in this State but shall not include any person who furnishes entertainment on a fixed fee basis at any event conducted by such an organization even though at such event such person may solicit contributions to the organization.
(k) `Solicitation,' `solicitation of funds,' or `solicit' means the request directly or indirectly for money, credit, property, financial assistance or any other thing of value, and such shall be a consumer act or practice as defined by the `Fair Business Practices Act of 1975,' as now or hereafter amended.
35-1002. Registration of charitable organizations, (a) Every charitable organization, except as provided in Code Section 351003, which intends to solicit contributions from persons in this State by any means whatsoever shall file with the Department, upon forms prescribed by it, the following information:
(1) the name under which the charitable organization intends to solicit contributions;
(2) the names and addresses of officers, directors, trustees and executive personnel and, in the case of a statewide parent organization, the communities in which the chapters, branches, or affiliates are located and their directors;
(3) the names and addresses of any professional fund raisers and professional solicitors who act or will act on behalf of the charitable organization, together with a statement setting forth the terms of the arrangements for salaries, bonuses, commissions or other remuneration to be paid to the professional fund raisers and professional solicitors;
(4) the general purposes for which the charitable organization is organized;
(5) the purposes for which the contributions to be solicited will be used;

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(6) the period of time during which the solicitation will be made;
(7) the method of solicitation; and
(8) such other information as may be necessary or appropriate in the public interest or for the protection of contributors.
(b) The registration form and any other documents prescribed by the Department shall be signed by the president or other authorized officer and the chief fiscal officer of the charitable organization.
(c) For filing such registration, the Department shall receive a fee of $ 10.00 to be paid at the time of registration.
(d) Such registration shall be effective either for a prescribed period, pursuant to reasonable regulation of the Department, or on a continuing basis, without limitation as to time.
35-1003. Exemption from registration. The following persons shall not be subject to the provisions of this Code Chapter:
(a) Religious agencies and organizations and charities, agencies, and organizations operated, supervised, or controlled by or in connection with a religious organization.
(b) Nonprofit educational institutions and those organizations, foundations, associations, corporations, charities, and agencies operated, supervised, or controlled by or in connection with a nonprofit educational institution.
(c) Business, professional, and trade associations and federations, who do not solicit members or funds from the general public.
(d) Fraternal, civic, benevolent, patriotic, and social organizations, when solicitation of contributions is confined to their membership or when contributions are solicited only from persons who reside within the county in which such organization is located.
(e) Persons requesting any contributions for the relief of any other individual, specified by name at the time of the solicitation, if

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all of the contributions collected, without any deductions whatsoever, are turned over to the named beneficiary.
(f) Local community organizations or local fundraising campaign managers affiliated with or acting for a statewide parent organization by contract or agreement need not register separately with the department. The single registration of the statewide parent organization shall be considered all inclusive of all its chapters, branches, or affiliates and individuals, which will be identified by listing the communities in which they are located and their directors, as provided in Code Section 35-1002(a)(2).
(g) Any charitable organization whose total income is less than $15,000.00 per each calendar year; provided, however, that each charitable organization which is exempted under this subsection shall file an affidavit with the Secretary of State each calendar year. Such affidavit shall state that such charitable organization has received less than $15,000.00 in total income during the preceding calendar year and shall state that such charitable organization is in compliance with Code Section 35-1008.
(h) Any local or state-wide organization of hunters, fishermen, and target shooters which has been recognized as an organization described in Section 501(c)(3) or Section 501(c)(4) of the Internal Revenue Code of 1954, as amended, or the corresponding provisions of any future federal revenue law.
35-1004. Professional fund raisers; registration and bond required. No person shall act as a professional fund raiser for a charitable organization required to be registered pursuant to Code Section 35-1002 until he has first registered with the Department. Applications for such registration shall be in writing, under oath, in the form prescribed by the Department and shall be accompanied by an annual fee of $75.00. At the time of making application, the applicant shall file with and have approved by the Department a bond in the amount of $10,000.00 or in an amount equal to 50 percent of the total income of such professional fund raiser for the preceding reporting period, whichever is greater. The applicant shall be the principal obligor, with one or more sureties whose liability in the aggregate as such sureties will at least equal such sum. The bond shall run to the Secretary of State for the use of the State and to any person who may have a cause of action against the

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obligor of such bond for any malfeasance or misfeasance in the conduct of such solicitation. Registration, when effected, shall be for a period of one year, or a part thereof, expiring on August 31, and may be renewed upon the filing of the bond and fee prescribed herein for additional one-year periods.
35-1005. Reports by registered charitable organizations and professional fund raisers, (a) Every charitable organization required to register pursuant to Code Section 35-1002 and every professional fund raiser required to register pursuant to Code Section 35-1004 which has received contributions during the preceding calendar year shall file a written report with the Department, upon forms prescribed by it, at the end of each quarter for the first year of operation. Thereafter, an annual report shall be filed on or before March 31 of each year, which report shall include a financial statement covering the preceding fiscal quarter or year of operation, clearly setting forth the gross income, expenses and net amount inuring to the benefit of the charitable organization. A charitable organization or professional fund raiser which maintains its books on other than a calendar-year basis shall, upon application to the Department therefor, be permitted to file its report within ninety days after the close of its fiscal year. Such report shall state the names of its professional fund raisers and professional solicitors used during the year, if any, and the amounts of compensation received by them. Such report, when filed, shall become a public record in the office of the Department. The report of a statewide parent charitable organization shall include the combined reports of all its chapters, branches, or affiliates. This total State report of chapters, branches, or affiliates or their managers to the parent organization need not be made separately to the Department but shall be made to the parent organization after being verified by an independent local audit. All reports subject to this provision shall also be filed with the Administrator for purposes of enforcement of Code Section 351013.
(b) All reports filed under subsection (a) shall be verified by an independent certified public accountant if the charitable organization or professional fund raiser has received or collected more than $50,000.00 during the reporting period.
35-1006. Contracts to be retained. All contracts entered into by professional fund raisers and charitable organizations shall be in

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writing, and true and correct copies thereof shall be kept on file in the offices of the charitable organization and the professional fund raiser for a period of three years from the date the solicitation of contributions provided for therein actually commences. Such contracts shall be available for inspection and examination by the Secretary of State and other authorized agencies.
35-1007. Professional solicitor, registration required. Every professional solicitor employed or retained by a professional fund raiser required to register pursuant to this Code Chapter shall, before accepting employment by such professional fund raiser, register with the Department. Application for such registration shall be in writing, under oath, in the form prescribed by the Department and shall be accompanied by a fee of $25.00. Such registration, when effected, shall be for a period of one year, or a part thereof, expiring on August 31, and may be renewed upon payment of the fee prescribed by this Code Chapter for additional one-year periods.
35-1008. Charitable expenditures, (a) Each charitable organization which is required to be registered pursuant to this Code Chapter shall expend, for the charitable purposes for which said contributions were solicited and received, at least 70 percent of the total contributions.
(b) An exemption from the provisions of subsection (a) of this Code Section may be granted for a period not to exceed one year, and may be renewed effective either for a prescribed period or on a continuing basis, without limitation as to time. The Secretary of State, the Attorney General, and the Administrator, or their designees, shall meet quarterly to review and to make a determination on petitions requesting exemption. Such petitions shall outline the reasons for which exemption should be granted and be filed with the Secretary of State.
(c) For purposes of this Code Section, the total contributions solicited or received shall be adjusted so as not to include contributions received equal to the actual cost to the charitable organization of goods, food, entertainment, or drink sold or provided to the public, or the actual postage paid to the United States Postal Service and printing and printing-related expenses in conjunction with the soliciting of contributions through direct mail.

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35-1009. Use of confusingly similar or misleading names prohibited. No charitable organization shall use a name which is the same as or confusingly similar to a name previously used in this State by another charitable organization and not abandoned, unless the latter organization shall consent to such use.
35-1010. Unauthorized use of names when soliciting or collecting contributions, (a) No person who is required to register pursuant to this Code Chapter shall use the name of any other person for the purpose of soliciting contributions from persons in this State without the written consent of such other person.
(b) A person is deemed to have used the name of another person for the purpose of soliciting contributions if such latter person's name is listed on any stationery, advertisement, brochure or correspondence of the charitable organization or his name is listed or referred to as one who has contributed to, sponsored or indorsed the charitable organization or its activities.
35-1011. Disclosure. Any person soliciting charitable contributions shall disclose to any person from whom such contributions are being solicited the name and address of the charitable organization for which such solicitation is being made, his name and address and the charitable purpose for which such solicitation is being made.
35-1012. Investigations, (a) When it reasonably appears to the Attorney General, Administrator or the Secretary of State that a charitable organization, professional fund raiser or professional solicitor has engaged in, is engaging in or is about to engage in any act or practice in violation of any provision of this Code Chapter, they may conduct an investigation to determine whether further action is appropriate.
(b) To aid in such investigation, the Attorney General, the Administrator or the Secretary of State may conduct hearings and may administer an oath or affirmation.
(c) Any superior court of competent jurisdiction upon petition by the Attorney General, the Administrator or the Secretary of State may issue an order compelling the testimony of any witness or the production of any books, papers, records, documents, physical objects or other evidence during the course of any such investigation.

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35-1013. Equitable relief, (a) The Attorney General, Administrator or Secretary of State may bring an action in the name of the State to restrain or enjoin any act, practice or activity being engaged in violation of any provision of this Code Chapter. The action may be brought in the superior court having jurisdiction over the defendant by virtue of any provision of the laws of the State of Georgia.
(b) In any action brought under subsection (a) of this Code Section, whenever the State has prevailed, the court may, upon application of the State, appoint a receiver for the assets of the defendant where it has been established:
(1) that the defendant has engaged in a pattern of wilful violations of this Code Chapter which has resulted in substantial actual damage to citizens of this State;
(2) that the defendant is without the State or is actually removing or about to remove himself or his property without the limits of the State or conceals himself or his property; or
(3) that the appointment of the receiver is necessary to preserve the assets of the defendant for the benefit of citizens of the State damaged by defendant's violations of this Code Chapter.
(c) When a receiver is appointed by the court pursuant to this Code Chapter, he shall have the power to sue for, collect, receive and take into his possession all the goods and chattels, rights and credits, moneys and effects, lands and tenements, books, records, documents, papers, choses in action, bills, notes and property of every description, derived by any means in violation of this Code Chapter, including property with which such property has been mingled. He shall have the power to sell, convey and assign the same and to hold and dispose of the proceeds thereof under the direction of the court. The court shall have jurisdiction of all questions arising in such proceedings and may make such orders and judgments therein as may be required.
35-1014. Private actions, (a) Any person who suffers injury or damages as a result of acts or practices in violation of this Code Chapter may bring an action against the charitable organization, professional fund raiser or professional solicitor engaged in such

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acts or practices. The person may recover such general damages sustained as a result of such acts or practices. Exemplary damages and attorneys' fees may be awarded in cases of intentional violations of this Code Chapter.
(b) The Attorney General, the Administrator or the Secretary of State, in a representative capacity on behalf of any person entitled to bring an action under this Code Chapter, or any person entitled to bring an action under this Code Chapter may institute a class action suit pursuant to Section 23 of the Georgia Civil Practice Act, approved March 18, 1966 (Ga. Laws 1966, p. 609), as amended, for the recovery of damages.
35-1015. Designation of Secretary of State as agent for service of process; service of process. Any charitable organization, professional fund raiser or professional solicitor resident or having his or its principal place of business without the State or organized under and by virtue of the laws of another state who or which shall solicit contributions from people in this State shall be deemed to have irrevocably appointed the Secretary of State as his or its agent, upon whom may be served any process directed to such charitable organization, professional fund raiser or professional solicitor, or any partner, principal, officer or director thereof, in any action or proceeding brought by the Attorney General, Secretary of State, or Administrator under this Code Chapter. Any such charitable organization, professional fund raiser or professional solicitor may file with the Secretary of State a designation, in terms complying herewith, duly acknowledged, irrevocably appointing the Secretary of State as his or its agent, upon whom may be served any such process. Service of such process upon the Secretary of State shall be made by personally delivering to and leaving with him or a person designated by him a copy thereof at his office and such service shall be sufficient service, provided that notice of such service and a copy of such process are forthwith sent by the Attorney General to such charitable organization, professional fund raiser or professional solicitor by registered mail, with return receipt requested, at his or its office as set forth in the registration form required to be filed in the Department pursuant to Code Sections 35-1002, 35-1005 and 35-1007 or, in default of the filing of such form, at the last address known to the Attorney General. Service of such process shall be complete ten days after the receipt by the Attorney General of a return receipt that was properly addressed or, if acceptance was refused by the addressee or

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his or its agent, ten days after the return to the Attorney General of the original envelope bearing a notation by the postal authorities that receipt thereof was refused.
35-1016. Additional regulations by counties, municipalities or consolidated governments. Nothing contained in this Code Chapter shall serve to deny the right to any county, municipality or consolidated government to pass such ordinances, rules and regulations as may be deemed appropriate to regulate further the soliciting of funds within such county, municipality or consolidated government. Such ordinance may not alter any of the obligations as set forth herein but may add thereto other requirements and rules as appear to be proper to the county, municipality or consolidated government involved.
35-1017. Withdrawal of registration. Whenever it is determined by any procedure authorized by this Code Chapter that a charitable organization or professional fund raiser has willfully violated or refused to comply with any provision of this Code Chapter, the Secretary of State may withdraw its registration. A charitable organization or professional fund raiser whose registration has been withdrawn shall no longer be authorized to solicit contributions.
35-1018. Penalties, (a) In any civil action brought under this Code Chapter, if the court finds that intentional violations have occurred, the State upon petition to the court may recover a civil penalty not exceeding twice the amount collected in violation of the provisions of this Code Chapter.
(b) Any person who violates the provisions of this Code Chapter shall be guilty of a misdemeanor and upon conviction shall be punished as for a misdemeanor."
Section 2. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

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Section 3. (a) An Act regulating professional fund raising, approved March 3, 1962 (Ga. Laws 1962, p. 496), as amended by an Act approved April 9, 1963 (Ga. Laws 1963, p. 482), is hereby repealed in its entirety.
(b) An Act providing a method of licensing charitable agencies, institutions and societies and providing care for dependent or defective persons, approved March 28, 1935 (Ga. Laws 1935, p. 347), is hereby repealed in its entirety.
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 18, 1980.

GEORGIA STATE COMMISSION OF INDIAN AFFAIRS ABOLISHED 41 FUNCTIONS TRANSFERRED.
No. 738 (House Bill No. 1078).
AN ACT
To abolish the Georgia State Commission of Indian Affairs; to transfer the functions of the commission to the Department of Archives and History; to repeal the Act creating the Georgia State Commission of Indian Affairs, approved March 23, 1977 (Ga. Laws 1977, p. 764), as amended; to repeal certain laws and parts of laws relating to Indians; to repeal an Act to prevent the testimony of Indians being received in courts of justice, approved December 26, 1826 (Ga. Laws 1826, p. 68); to repeal an Act to protect the frontier settlements of this state from the intrusion of the Indians of the Creek nation, approved December 20, 1828 (Ga. Laws 1828, p. 87); to repeal Section 9 of an Act relating to Cherokee Indian territory and incompetency of Indians as witnesses, approved December 20,

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1828 (Ga. Laws 1828, p. 88); to repeal Section 2 of an Act prohibiting council assemblies of the Cherokee tribe and for other purposes, approved December 22, 1830 (Ga. Laws 1830, p. 114); to repeal Section 3 of an Act amending an Act to protect the frontier settlements of this state from the intrusion of Creek Indians, approved December 20, 1828 (Ga. Laws 1828, p. 87), and placing conditions on travel of Indians within the state, approved December 24, 1835 (Ga. Laws 1835, p. 135); to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Effective July 1, 1980, the Georgia State Commission of Indian Affairs is abolished. Effective on that date, the functions of the commission shall be transferred to the Department of Archives and History.
Section 2. An Act creating the Georgia State Commission of Indian Affairs, approved March 23, 1977 (Ga. Laws 1977, p. 764), as amended by an Act approved March 14, 1978 (Ga. Laws 1978, p. 979), is hereby repealed.
Section 3. The following laws and parts of laws are hereby repealed in their entirety:
(1) An Act to prevent the testimony of Indians being received in courts of justice, approved December 26, 1826 (Ga. Laws 1826, p. 68);
(2) An Act to protect the frontier settlements of this state from the intrusion of the Indians of the Creek nation, approved December 20, 1828 (Ga. Laws 1828, p. 87);
(3) Section 9 of an Act relating to Cherokee Indian territory and incompetency of Indians as witnesses, approved December 20, 1828 (Ga. Laws 1828, p. 88);
(4) Section 2 of an Act prohibiting council assemblies of the Cherokee tribe and for other purposes, approved December 22,1830 (Ga. Laws 1830, p. 114); and

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(5) Section 3 of an Act amending an Act to protect the frontier settlements of this state from the intrusion of Creek Indians, approved December 20, 1828 (Ga. Laws 1828, p. 87), and placing conditions on travel of Indians within the state, approved December 24, 1835 (Ga. Laws 1835, p. 135).
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 18, 1980.

GEORGIA SEED DEVELOPMENT ACT AMENDED.
No. 739 (House Bill No. 1080).
AN ACT
To amend an Act known as the "Georgia Seed Development Act," approved February 26, 1959 (Ga. Laws 1959, p. 83), as amended, so as to remove the Governor from membership on the Georgia Seed Development Commission; to provide procedures connected with the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act known as the "Georgia Seed Development Act," approved February 26, 1959 (Ga. Laws 1959, p. 83), as amended, is hereby amended by striking from the first sentence of Section 3, relating to membership on the Georgia Seed Development Commission, the following:
"eleven",
and inserting in lieu thereof the following:

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"ten",:
and by striking the following:
"the Governor,",
so that when so amended Section 3 shall read as follows:
"Section 3. The commission shall be composed of ten members, as follows: the Lieutenant Governor, the Commissioner of Agriculture, the Attorney General, the Dean and Co-ordinator of the College of Agriculture, the Director of Experiment Stations, the President of Foundation Seeds, Incorporated. The remaining four members shall be farmers, to be appointed as follows: One member shall be appointed by the Commissioner of Agriculture; one member shall be appointed by the Georgia Farm Bureau; one member shall be appointed by the Georgia Seedmen's Association and one member shall be appointed by Foundation Seeds, Incorporated. Immediately upon the approval of this Act, the members of the commission above designated shall enter upon their duties without further act or formality. The commission shall elect one of its members as chairman and another as vice-chairman. It shall also elect a secretary and a treasurer who need not be members. The office of secretary and treasurer may be combined in one person. The commission may make such bylaws for its government as is deemed necessary but is under no duty to do so. Six members of the commission shall constitute a quorum necessary for the transaction of business, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted the commission by this Act. No vacancy on the commission shall impair the right of a quorum to transact any and all business of the commission. The members shall not receive compensation for their services, but shall be reimbursed for actual expenses incurred at the performance of duties. Members of the commission shall be accountable as trustees, and they shall cause to be kept adequate books and records of all transactions of the commission, including records of income and disbursements of every nature. The commission may require that an employee or officer or any person doing business with the commission to post a bond in an amount to be determined by the commission for the faithful performance of the duties imposed upon such employee, member of the commission, or person doing business with the. commission. The

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principal of such bond shall be paid by the commission. The books and records shall be inspected and audited by the State Auditor at least once in each year."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 18, 1980.

DEPARTMENT OF ADMINISTRATIVE SERVICES MILEAGE ALLOWANCE FOR STATE TRAVEL.
No. 740 (House Bill No. 1081).
AN ACT
To amend an Act authorizing the Department of Administrative Services to establish and operate motor pools and relating to the use of State and privately owned motor vehicles by officials, officers and employees of the State or any agency thereof, approved April 6, 1972 (Ga. Laws 1972, p. 1125), as amended, particularly by an Act approved April 4, 1978 (Ga. Laws 1978, p. 1894), so as to change the automobile mileage allowance rate; to change the provisions relating to members of the General Assembly; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act authorizing the Department of Administrative Services to establish and operate motor pools and relating to the use of State and privately owned motor vehicles by officials, officers and employees of the State or any agency thereof, approved April 6, 1972 (Ga. Laws 1972, p. 1125), as amended, particularly by an Act

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approved April 4, 1978 (Ga. Laws 1978, p. 1894), is hereby amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. The officers, officials and employees of the Executive, Legislative and Judicial Branches of State Government shall be paid 18 cents per mile as traveling expense when traveling in the service of the State or any agency thereof by personal motor vehicle, and in addition to mileage shall be reimbursed for actual expenses incurred by reason of tolls and parking fees. Members of the General Assembly shall not receive the 18 cents per mile until members take office on the convening date of the General Assembly in regular session in 1981 and until that time shall receive 15 cents per mile."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 18, 1980.

GEORGIA RESIDENTIAL FINANCIAL AUTHORITY ACT AMENDED -- BONDS, ETC.
No. 741 (House Bill No. 1082).
AN ACT
To amend an Act known as the "Georgia Residential Financial Authority Act," approved March 26, 1974 (Ga. Laws 1974, p. 975), as amended, particularly by an Act approved April 17, 1979 (Ga. Laws 1979, p. 1266), so as to change the maximum amount of bonds and notes which the Authority may have outstanding at any one time; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:

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Section 1. An Act known as the "Georgia Residential Financial Authority Act," approved March 26, 1974 (Ga. Laws 1974, p. 975), as amended, particularly by an Act approved April 17, 1979 (Ga. Laws 1979, p. 1266), is hereby amended by striking from subsection (a) of Section 9 the following:
"200 million dollars",
and inserting in lieu thereof the following:
"300 million dollars",
so that when so amended subsection (a) of Section 9 shall read as follows:
"(a) The Authority shall have the power and is hereby authorized at one time or from time to time to issue its negotiable revenue bonds in such principal amounts as, in the opinion of the Authority, shall be necessary to provide sufficient funds for achieving the corporate purposes thereof, including the making and purchasing of mortgage loans for the construction of housing for eligible persons and families, for the rehabilitation of existing structures for such persons and families, and for the construction of community facilities appurtenant thereto as provided in this Act; the payment of interest on bonds of the Authority; the establishment of reserves to secure such bonds; and all other expenditures of the Authority incident to and necessary or convenient to carry out its corporate purposes and powers. The Authority shall not have outstanding at any one time bonds and notes for any of its corporate purposes in an aggregate principal amount exceeding 300 million dollars, excluding bonds and notes issued to refund outstanding bonds and notes.
The fixing of a statutory maximum in this Section shall not be construed as constituting a contract between the Authority and the holders of its bonds and notes that additional bonds and notes may not be issued subsequently by the Authority in the event that such statutory maximum shall subsequently be increased by law."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 18, 1980.

AD VALOREM TAXATION IN CERTAIN COUNTIES (145,000 - 165,000).
Code Chapter 91 A-13 Amended.
No. 750 (House Bill No. 1159).
AN ACT
To amend Code Chapter 91 A-13, relating to county tax officials and administrative procedures, so as to authorize ad valorem taxing jurisdictions in each county having a population of not less than 145,000 and not more than 165,000, according to the census, to establish the rate of interest and penalty to be charged with respect to delinquent tax collections; to provide limitations; to provide for other matters relative to the foregoing; to provide for inapplicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Chapter 91 A-13, relating to county tax officials and administrative procedures, is hereby amended by adding a new section after Code Section 91 A-1349, to be designated Code Section 91 A-1349.1, to read as follows:
"91A-1349.1. Delinquent tax collections; change of interest rate and penalty by taxing authority.--(a) The governing authority of each ad valorem taxing jurisdiction, other than the state, in each county having a population of not less than 145,000 and not more than 165,000, according to the census, may specify an annual rate 12

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of interest and the penalty to be charged upon delinquent ad valorem taxes levied by the taxing jurisdiction.
(b) The rate of interest specified pursuant to subsection (a) shall not exceed a rate of 15 percent per annum, except that the rate shall not be less than the rate otherwise specified by general law as the rate of interest to be charged upon delinquent ad valorem taxes.
(c) The rate of penalty specified pursuant to subsection (a) shall not exceed five percent of the amount of the delinquency, except that the penalty shall not be less than the penalty, if any, otherwise specified by general law as the penalty to be charged upon delinquent ad valorem taxes.
(d) In the event no rate of interest or penalty, or both, is specified by a taxing jurisdiction pursuant to subsection (a), the rate of interest or penalty, or both, as appropriate, to be charged by the taxing jurisdiction shall be the rate or penalty otherwise specified by general law.
(e) The provisions of this Act shall not apply during the time an assessment is being appealed pursuant to all applicable rules, regulations, and laws and for a period of 30 days after adjudication of the appeal."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 18, 1980.

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WESTERN JUDICIAL CIRCUIT -- TERMS.
No. 751 (House Bill No. 1174).
AN ACT
To fix the terms of court of the superior courts of Clarke and Oconee counties of the Western Judicial Circuit; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The terms of court of the superior courts of the Western Judicial Circuit shall commence as follows:
(1) Superior Court of Clarke County:
2nd Monday in January;
2nd Monday in April;
2nd Monday in July; and
2nd Monday in October.
(2) Superior Court of Oconee County:
2nd Monday in March and
2nd Monday in September.
Section 2. This Act shall become effective on July 1, 1980; and the first terms of superior court for each county thereafter shall commence the second Monday in July, 1980, in Clarke County and the second Monday in September, 1980, in Oconee County.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 18, 1980.

FAIR EMPLOYMENT PRACTICES ACT OF 1978 -- AUTOMATIC REPEALER REPEALED.
No. 756 (Senate Bill No. 357).
AN ACT
To amend the "Fair Employment Practices Act of 1978," approved March 9, 1978 (Ga. Laws 1978, p. 859), so as to delete therefrom the automatic repealer; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The "Fair Employment Practices Act of 1978," approved March 9, 1978 (Ga. Laws 1978, p. 859), is hereby amended by striking from Section 27 the date "July 1, 1980" and inserting in lieu thereof the date "July 1, 1982", so that when so amended Section 27 shall read as follows:
"Section 27. Specific repealer. This Act shall be repealed on July 1, 1982, unless extended or provided otherwise by the General Assembly."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 18, 1980.

LICENSE PLATES OF STATE AND SUBDIVISION OWNED MOTOR VEHICLES.
Code Section 68-260 Amended.
No. 757 (Senate Bill No. 403).
AN ACT
To amend Code Section 68-260, relating to license plates for motor vehicles owned by the State and political subdivisions thereof, so as to provide for requirements which will indicate the nature of the governmental entity which owns the motor vehicle; to provide the procedures connected therewith; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 68-260, relating to license plates for motor vehicles owned by the State and political subdivisions thereof, is hereby amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 68-260 to read as follows:
"68-260. License plates for vehicles of State and political subdivisions. All motor vehicles owned by the State of Georgia or any municipality or other political subdivision of this State and used exclusively for governmental functions (except those employed in secret investigatory police functions to which regular Georgia license plates are issued) shall be registered with the State Revenue Commissioner by the fiscal officers or other proper officials of the

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respective departments and agencies of the State, municipality or political subdivision to which such vehicles belong prior to operation and use thereof. Such registration shall be made upon forms prescribed and prepared by the State Revenue Commissioner for such purpose and shall contain a brief description of the vehicle to be registered; its name, model, the name of the manufacturer; the manufacturer's vehicle identification number; the department, agency, political subdivision or branch thereof to which such vehicle is to be registered; and such other information as to use and identity as the State Revenue Commissioner may require. Upon the filing with the State Revenue Department of the properly executed application for registration, the State Revenue Commissioner upon being satisfied that such vehicle is bona fide owned by the State or a municipality or political subdivision thereof and is to be used exclusively for governmental functions shall issue, upon payment by such applicant of a license fee of $1.00, a license plate which shall be displayed upon such vehicle in the same manner as provided for private motor vehicles. Such license plates shall be replaced at such time as other license plates issued to privately owned motor vehicles are required to be replaced.
All license plates issued to government vehicles pursuant to this section shall be marked in such a manner as to indicate the specific type of governmental unit operating the vehicle. These markings shall be prominently displayed and shall consist of one of the following appropriate legends; `STATE,' `CITY,' `COUNTY,' `AUTHORITY,' OR `BOARD.' In addition, each such license plate shall bear a county identification strip indicating the county in which the vehicle is based. Any such license plates shall remain displayed and affixed upon such vehicle so long as such vehicle continues to be owned by the State or such municipality or political subdivision and used exclusively for governmental functions. Upon cessation of either such ownership or use, the license plate shall be removed from such vehicle and returned to the State Revenue Commissioner for destruction or reassignment of registration to another vehicle subject to registration under this section. In the event of a transfer of a vehicle to a department or agency, or branch thereof, other than the specific one to which such vehicle is registered, the State Revenue Commissioner shall be notified in writing by the department or agency from which the same is being transferred upon a form prepared and furnished for such purpose by the State Revenue Commissioner. Such transfer shall be recorded on the registration

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lists maintained by the Revenue Department. On due proof of loss of any such license plate, or of mutilation due to accidental or natural causes, another license plate may be issued upon application of the fiscal officer or other proper official of the department, agency, or political subdivision to which any such lost plate is registered."
Section 2. The provisions of this Act shall become effective on January 1, 1983, and shall apply to all motor vehicle license plates issued for governmental vehicles on and after said date.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 18, 1980.

DEPARTMENT OF NATURAL RESOURCES AUTHORIZED TO ACQUIRE PART OF SAPELO ISLAND.
No. 88 (House Resolution No. 716-1716).
A RESOLUTION
Declaring a public purpose; authorizing the State of Georgia, acting by and through its Department of Natural Resources, to acquire, with the approval of the State Properties Commission, those portions of Hog Hammock Subdivision located on Sapelo Island, McIntosh County, Georgia, which are owned exclusively by either the Sapelo Island Research Foundation, Inc., or by others, together with the acquisition from the said Foundation and from others of all appurtenances thereunto belonging or in anywise appertaining including, but not limited to, rights of ingress and egress; authorizing the State of Georgia, acting by and through its Department of Natural Resources, following said acquisition, to dispose, with the approval of the State Properties Commission, of certain of the State's interest so acquired in the said Hog Hammock Subdivision; to provide an effective date; and for other purposes.

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WHEREAS, there is an urgent public need to preserve important and endangered historical areas in Georgia for the benefit of present and future generations; and
WHEREAS, many historical areas, because of Georgia's rapid progress over the past decade, have been altered and their value as part of our heritage lost, and the few such remaining areas are in danger of being irreparably altered; and
WHEREAS, Black culture is an important component in the history of Georgia; and
WHEREAS, the State of Georgia possesses a rich heritage of Black culture, in its architectural, historical and archaeological resources associated with the life and culture of Black Georgians; and
WHEREAS, the State of Georgia may not have heretofore made sufficient efforts to preserve this part of its cultural heritage; and
WHEREAS, there exists on Sapelo Island in McIntosh County, Georgia, a community known as Hog Hammock which is composed primarily of the direct descendants of the slaves of Thomas Spalding and which is located on the grounds of the former Spalding Plantation; and
WHEREAS, this community is the last community of its kind in the State of Georgia; and
WHEREAS, the Hog Hammock community and many of the buildings and structures located therein date back to the mid-nineteenth century; and
WHEREAS, it is important to the citizens of the State of Georgia that this Community, which reflects the past culture of this State, be preserved for the benefit of present and future generations; and
WHEREAS, the best and most important use of the area ot Sapelo Island now occupied by members of the Hog Hammock community is to permit said community to remain, as it currently exists, an historic community; and

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WHEREAS, the State of Georgia now has the opportunity to acquire from the Sapelo Island Research Foundation, Inc. and perhaps from others portions of the land occupied by the Hog Hammock community, known as the Hog Hammock Subdivision, heretofore unavailable for acquisition by the State of Georgia and of critical importance to the preservation of the cultural and historical values of the said community.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That the General Assembly hereby recognizes the unique characteristics of Hog Hammock Subdivision located on Sapelo Island, McIntosh County, Georgia, and hereby declares that the acquisition by the State of Georgia of those portions of said Hog Hammock Subdivision which are owned exclusively by either the Sapelo Island Research Foundation, Inc., or by others, together with the acquisition from the said Foundation and from others of all appurtenances thereunto belonging or in anywise appertaining, including, but not limited to, rights of ingress and egress, is a legitimate public purpose which will benefit all the people of the State of Georgia.
Section 2. That the State of Georgia, acting by and through its Department of Natural Resources, and with the approval of the State Properties Commission, is hereby authorized to acquire those portions of the said Hog Hammock Subdivision which are owned exclusively by either the Sapelo Island Research Foundation, Inc., or by others, together with the acquisition from the said Foundation and from others of all appurtenances thereunto belonging or in anywise appertaining including, but not limited to, rights of ingress and egress.
Section 3. That the State of Georgia, acting by and through its Department of Natural Resources, and with the approval of the State Properties Commission, to the extent not otherwise prohibited by the constitutions, laws, rules or regulations of either the State of Georgia or the United States, is hereby authorized to grant to those individuals whom the Department of Natural Resources has reasonable cause to believe are bona fide natives of Sapelo Island born on said Island prior to the passage of this resolution and their lawful and legal spouses and descendents, and to bona fide Hog Hammock

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community organizations, upon such terms (including, but not limited to, period of time) and conditions as the Department of Natural Resources shall determine appropriate, the right to use and occupy for residential and community purposes, portions of the Hog Hammock Subdivision so acquired by the State of Georgia from either the Sapelo Island Research Foundation, Inc., or from others.
Section 4. That nothing in this Resolution shall be construed to prohibit the State of Georgia, acting by and through the State Properties Commission, from acquiring, for and upon the recommendation of the Department of Natural Resources, any other portion or portions of land within Hog Hammock Subdivision by any lawful means when the Department of Natural Resources determines that the purpose for which any such portion is being or is about to be used is inconsistent with and detrimental to the unique cultural and historical characteristics sought to be preserved by the State of Georgia for the benefit of the residents of the Hog Hammock community and all of the residents of the State of Georgia.
Section 5. Th is Resolution shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Approved March 18, 1980.

ALCOVY JUDICIAL CIRCUIT - TERMS OF WALTON COUNTY SUPERIOR COURT.
No. 758 (House Bill No. 1239).
AN ACT
To amend an Act creating the Alcovy Judicial Circuit, approved March 9, 1972 (Ga. Laws 1972, p. 152), as amended, particularly by an Act approved March 21, 1974 (Ga. Laws 1974, p. 613), so as to change the provisions relative to the terms of the Superior Court of Walton County; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Alcovy Judicial Circuit, approved March 9, 1972 (Ga. Laws 1972, p. 152), as amended, particularly by an Act approved March 21, 1974 (Ga. Laws 1974, p. 613), is hereby amended by striking the last sentence of Section 4, which reads as follows:
"The terms of the Superior Court of Walton County shall be the third Mondays in February, May, August and November.",
and inserting in lieu thereof two new sentences to read as follows:
"The civil terms of the Superior Court of Walton County shall be as follows: the first Mondays in February, May, August and November. The criminal terms of the Superior Court of Walton County shall be as follows: the second Mondays in February, May, August and November.",
so that when so amended Section 4 shall read as follows:
"Section 4. The civil terms of the Superior Court of Newton County shall be as follows: the second Mondays in January, April, July and October. The criminal terms of the Superior Court of Newton County shall be as follows: the third Mondays in January, April, July and October. The civil terms of the Superior Court of Walton County shall be as follows: the first Mondays in February, May, August and November. The criminal terms of the Superior Court of Walton County shall be as follows: the second Mondays in February, May, August and November."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 18, 1980.

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NORTHERN JUDICIAL CIRCUIT - TERMS.
No. 771 (House Bill No. 1352).
AN ACT
To change the terms of court of the superior court in each of the five counties comprising the Northern Judicial Circuit; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. From and after the effective date of this Act, there shall be two terms of court each year in ea,ch of the five counties of the Northern Judicial Circuit, said terms to be as follows:
Elbert: Third Monday in January and fourth Monday in July.
Hart: Third Monday in February and August.
Franklin: Third Monday in March and September.
Madison: Third Monday in April and October.
Oglethorpe: Third Monday in May and November.
Section 2. This Act shall become effective January 1, 1981.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 18, 1980.

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CLERKS OF PROBATE COURTS IN CERTAIN COUNTIES (73,000 - 89,000).
Code Section 24-1801 Amended.
No. 776 (House Bill No. 1402).
AN ACT
To amend Code Section 24-1801, relating to clerks of the judges of the probate courts, as amended, so as to authorize the judge of the probate courts in all counties having a population of not less than 73,000 and not more than 89,000, according to the United States decennial census of 1970 or any future such census, to employ, prescribe the duties, and set the salary of such clerk; to provide that such salary shall be payable from county funds; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 24-1801, relating to clerks of the judges of the probate courts, as amended, is hereby amended by adding at the end thereof the following:
"Provided, however, that in all counties having a population of not less than 73,000 and not more than 89,000, according to the United States decennial census of 1970 or any future such census, the judge of the probate court of any such county shall be authorized to employ a clerk to serve at the pleasure of said judge and to perform such duties as may be assigned by said judge. The salary of such clerk shall be fixed at the discretion of the judge of the probate court of such county in an amount not to exceed 75 percent of the salary of said judge. The salary of such clerk shall be payable in equal monthly installments from the funds of such county."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 18, 1980.

METROPOLITAN AREA PLANNING AND DEVELOPMENT COMMISSION ACT OF 1971 AMENDED.
No. 801 (House Bill No. 1539).
AN ACT
To amend an Act creating a Metropolitan Area Planning and Development Commission in each Standard Metropolitan Statistical Area of this state having a population of more than 1,000,000 according to the United States decennial census of 1970 or any future such census, approved March 3, 1971 (Ga. Laws 1971, p. 17), as amended, so as to change the maximum per diem and the maximum annual compensation of the members of a Commission; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a Metropolitan Area Planning and Development Commission in each Standard Metropolitan Statistical Area of this state having a population of more than 1,000,000 according to the United States decennial census of 1970 or any future such census, approved March 3, 1971 (Ga. Laws 1971, p. 17), as amended, is hereby amended by striking the figure "$25" in the second sentence of Section 9 and inserting in lieu thereof the figure "$44", by striking the word "reasonable" in such sentence and inserting in lieu thereof the word "actual", and by striking the figure "$1,800" in the third sentence of Section 9 and inserting in lieu thereof the figure "$2,400", so that when so amended Section 9 shall read as follows:

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"Section 9. Commission Members' Duties and Compensation. A Commission shall elect such officers as it deems necessary for the conduct of its affairs, including a secretary and treasurer, who need not be members of the Commission, and shall be compensated as determined by the Commission. Each member of a Commission, other than the chairman, may be paid a per diem compensation not to exceed $44 for each meeting which he attends and additional compensation for such other services as are specifically authorized by the Commission, and may be reimbursed for his actual expenses. No Commission member, other than the Chairman, shall receive compensation in excess of $2,400 per year."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 18, 1980.

TAX COMMISSIONERS AND TAX COLLECTORS FEES, ETC. IN CERTAIN COUNTIES (190,000 - 300,000).
Code Chapter 91 A-17 Amended.
No. 813 (House Bill No. 1599).
AN ACT
To amend Code Chapter 91A-17, relating to school taxation, so as to provide that in all counties of this State having a population of not less than 190,000 nor more than 300,000, according to the census, the tax commissioner or tax collector shall remit all education funds collected by him to the board of education in the county except one percent of the funds collected which shall be retained by the tax commissioner or tax collector if he is on a fee basis or

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remitted to the governing authority of the county if he is on a salary basis; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section I. Code Chapter 91A-17, relating to school taxation, is hereby amended by designating the first paragraph of Code Section 91 A-1705 as subsection (a) and adding a subsection (b) to read as follows:
"(b) In all counties of this State having a population of not less than 190,000 or more than 300,000, according to the census, the tax commissioner or tax collector shall remit all education funds collected by him to the board of education in the county except one percent of the funds collected which shall be retained by the tax commissioner or tax collector if he is on a fee basis or remitted to the governing authority of the county if he is on a salary basis.",
so that when so amended Code Section 91 A-1705 shall read as follows:
"91A-1705. (a) Collection of school taxes by tax commissioner or tax collector; commissions. The tax commissioner or tax collector shall continue to collect unpaid county school taxes and all county school taxes levied pursuant to Article VIII, Section VII, Paragraph I of the Constitution and shall be entitled to a commission of two and one-half percent for collecting the taxes. He shall pay over to the county board of education once a month all moneys collected for the schools. In those counties where the tax collector or tax commissioner is on a salary basis, the fees provided for in this Section shall be collected by him and paid over to the proper governing authority of the county.
(b) In all counties of this State having a population of not less than 190,000 or more than 300,000, according to the census, the tax commissioner or tax collector shall remit all education funds collected by him to the board of education in the county except one percent of the funds collected which shall be retained by the tax commissioner or tax collector if he is on a fee basis or remitted to the governing authority of the county if he is on a salary basis."

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Section 2. This Act shall become effective January 1, 1981.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 18, 1980.

NORTHEASTERN JUDICIAL CIRCUIT - SALARIES OF OFFICIAL COURT REPORTERS.
No. 821 (House Bill No. 1617).
AN ACT
To provide a salary for the two official court reporters of the Northeastern Judicial Circuit in lieu of fees for the attendance and reporting of felony cases; to provide how said salaries shall be paid by the counties of said circuit; to provide an effective date; to repeal a specific law; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The two official court reporters of the Northeastern Judicial Circuit shall be'compensated in an amount of $14,500.00 per annum, to be paid in equal monthly installments by the counties comprising said circuit as hereinafter provided.
Section 2. The salaries herein provided shall be paid pro rata from the funds of the various counties comprising said circuit upon the basis of population. Each of said counties shall pay the portion of said salary which its population bears to the total population of all the counties of said circuit, according to the United States Census of 1970 or any future such census. Upon the completion of each future United States census, the portion of the salary paid by each county shall be changed, if necessary, so as to be paid upon the same population basis.

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Section 3. The salary provided for herein shall be in lieu of all fees provided for services of the official court reporter in reporting felony cases and attendance upon the sessions of the superior courts in the various counties comprising the Northeastern Judicial Circuit. The provisions of this Act shall not affect any service which might be rendered by either of such court reporters in civil cases in the superior courts of this circuit, and shall not be applicable to any service performed in any court other than the superior courts of the Northeastern Judicial Circuit. The provisions of this Act shall not affect any fees to which either of the official court reporters is entitled prior to the effective date of this Act.
Section 4. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 5. An Act providing a salary for the official court reporters of the Northeastern Judicial Circuit, approved February 26, 1970 (Ga. Laws 1970, p. 96), is hereby repealed in its entirety.
Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice.
Notice is hereby given that there will be introduced at the regular 1980 Session of the General Assembly of Georgia legislation to fix the compensation of the Court Reporters for the Northeastern Judicial Circuit, and to provide for the matter of payment of same by the counties in said Circuit and to provide for other matters relative to the foregoing and for other purposes.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby Lawson who, on oath, deposes and says that he/she is Representative from the 9th District, and that the attached copy of Notice of Intention to Introduce Local

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Legislation was published in The Dahlonega Nuggett which is the official organ of Lumpkin County, on the following dates: January 18, 25, February 1, 1980.

Isl Bobby Lawson Representative, 9th District

Sworn to and subscribed before me, this 4th day of February, 1980.

Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Public Notice.

Notice is hereby given that there will be introduced at the regular 1980 Session of the General Assembly of Georgia legislation to fix the compensation of the Court Reporters for the Northeastern Judicial Circuit, and to provide for the matter of payment of same by the counties in said Circuit and to provide for other matters relative to the foregoing and for other purposes.

Howard Overby Senator, 49th District Joe T. Wood Jerry Jackson Bobby Lawson State Representatives, 9th District

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Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby Lawson who, on oath, deposes and says that he/she is Representative from the 9th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Gainesville Times which is the official organ of Hall County, on the following dates: January 7, 14, 21, 1980.

/si Bobby Lawson Representative, 9th District

Sworn to and subscribed before me, this 4th day of February, 1980.

Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Notice of Intention.

Notice is hereby given that there will be introduced at the regular 1980 Session of the General Assembly of Georgia legislation to fix the compensation of the Court Reporters for the Northeastern Judicial Circuit, and to provide for the matter of payment of same by the counties in said Circuit and to provide for other matters relative to the foregoing and for other purposes.

Georgia, Fulton County.

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Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby Lawson who, on oath, deposes and says that he/she is Representative from the 9th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dawson County Advertiser and News which is the official organ of Dawson County, on the following dates: January 10, 17,24, 1980.

Is/ Bobby Lawson Representative, 9th District

Sworn to and subscribed before me, this 4th day of February, 1980.

/si Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Notice.

Notice is hereby given that there will be introduced at the regular 1980 Session of the General Asserpbly of Georgia legislation to fix the compensation of the Court Reporters for the Northeastern Judicial Circuit, and to provide for the matter of payment of same by the counties in said Circuit and to provide for other matters relative to the foregoing and for other purposes.

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby Lawson who, on oa th, deposes and says that he/she is Representative from the 9th District, and that the attached copy of Notice of Intention to Introduce Local

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Legislation was published in The White County News which is the official organ of White County, on the following dates: January 17, 24, 31, 1980.

Is/ Bobby Lawson Representative, 9th District

Sworn to and subscribed before me, this 4th day of February, 1980.

Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Approved March 18, 1980.

OGEECHEE JUDICIAL CIRCUIT - TERMS OF COURT.
No. 830 (House Bill No. 1633).
AN ACT
To fix the terms of the Superior Courts of the Ogeechee Judicial Circuit in the counties of the circuit; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The terms of the Superior Courts in the counties of the Ogeechee Judicial Circuit shall be as follows:

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(a) Screven County: the second Monday in January and the first Monday in April, July, and October;
(b) Bulloch County: the first Monday in February, May, August, and November;
(c) Jenkins County: the first Monday in March and September;
(d) Effingham County: the first Monday in June and December.
Section 2. This Act shall become effective on July 1, 1980.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 18, 1980.

CLAYTON JUDICIAL CIRCUIT -- COMPENSATION OF JUDGES.
No. 840 (House Bill No. 1659).
AN ACT
To amend an Act providing for a supplement to the salaries of the judges of the Superior Court of the Clayton Judicial Circuit, approved April 10, 1969 (Ga. Laws 1969, p. 353), as amended, particularly by an Act approved March 1 1, 1977 (Ga. Laws 1977, p. 349), so as to change the county supplement to the State salary of said judges; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing for a supplement to the salaries of the judges of the Superior Court of the Clayton Judicial Circuit, approved April 10, 1969 (Ga. Laws 1969, p. 353), as amended,

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particularly by an Act approved March 11, 1977 (Ga. Laws 1977, p. 349), is hereby amended by striking from Section 1 the following:
"five thousand dollars ($5,000.00)",
and inserting in lieu thereof the following:
"$7,000.00",
so that when so amended Section 1 shall read as follows:
"Section 1. In addition to the salary payable from State funds, each judge of the Superior Court of the Clayton Judicial Circuit shall receive a supplement of $7,000.00 per annum, payable in equal monthly installments out of the funds of Clayton County. The governing authority of Clayton County is hereby authorized and directed to pay to each judge the compensation provided for herein."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill to amend an Act providing for a supplement to the salaries of the judges of the Superior Court of the Clayton Judicial Circuit, approved April 10, 1969 (Ga. Laws 1969, p. 353), as amended; and for other purposes.
This 15 day of January, 1980.

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Rudolph Johnson Representative, 72nd District

Georgia, Clayton County.

Personally appeared before the undersigned Jim Wood who on oath says that he is Publisher of News Daily, and that the legal advertisement which appears below was published in said newspaper on the following dates: Jan. 15, 22, 29, 1980.

Isl Jim Wood

Sworn to and subscribed before me, this 6th day of February, 1980.

Isl Pat DesRochers Notary Public, Georgia State at Large. My Commission Expires July 5, 1982. (Seal).

Approved March 18, 1980.

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CLAYTON JUDICIAL CIRCUIT \- COMPENSATION OF DISTRICT ATTORNEY.
No. 841 (House Bill No. 1660).
AN ACT
To amend an Act providing for a county supplement to the State salary of the District Attorney of the Clayton Judicial Circuit, approved March 4, 1977 (Ga. Laws 1977, p. 2856), so as to change the amount of said supplement; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing for a county supplement to the State salary of the District Attorney of the Clayton Judicial Circuit, approved March 4, 1977 (Ga. Laws 1977, : p. 2856), is hereby amended by striking from Section 1 the following:
"two thousand five hundred dollars ($2,500.00)",
and inserting in lieu thereof the following:
"$4,500.00",
so that when so amended Section 1 shall read as follows:
"Section 1. In addition to the salary payable from State funds, the District Attorney of the Clayton Judicial Circuit shall receive a county supplement of $4,500.00 per annum payable in equal monthly installments out of the funds of Clayton County. The governing authority of Clayton County is hereby authorized and directed to pay the district attorney the additional compensation provided for herein."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intention to Introduce Local Legislation.

Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill to amend an Act providing a county supplement to the state salary of the District Attorney of the Clayton Judicial Circuit, approved March 4, 1977, (Ga. Laws 1977, p. 2856); and for other purposes.

This 15th day of January, 1980.

Rudolph Johnson Representative, 72nd District

Georgia, Clayton County.

Personally appeared before the undersigned Jim Wood who on oath says that he is Publisher of News Daily, and that the legal advertisement which appears below was published in said newspaper on the following dates: Jan. 15, 22, 29, 1980.

Isi Jim Wood

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Sworn to and subscribed before me, this 6th day of February, 1980.
Isl Pat DesRochers Notary Public, Georgia, State at Large. My Commission Expires July 5, 1982. (Seal).
Approved March 18, 1980.

SAVANNAH PORT AUTHORITY - DEFINITIONS, ETC.
No. 845 (House Bill No. 1670).
AN ACT
To amend an Act implementing the provisions of Article V, Section VII, Paragraph II of the Constitution of Georgia creating the Savannah District Authority, now known as the Savannah Port Authority, approved February 11, 1955 (Ga. Laws 1955, p. 170), as amended, particularly by an Act approved April 7, 1972 (Ga. Laws 1972, p. 1186), so as to further define the terms "project" and "cost of project" in describing the powers and duties of the Savannah Port Authority; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act implementing the provisions of Article V, Section VII, Paragraph II of the Constitution of Georgia creating the Savannah District Authority, now known as the Savannah Port Authority, approved February 1 1, 1955 (Ga. Laws 1955, p. 170), as amended, particularly by an Act approved April 7, 1972 (Ga. Laws

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1972, p. 1186), is hereby amended by adding at the end of subsection (b) of quoted Section 6A of Section 1 of the amendatory Act approved April 7, 1972 (Ga. Laws 1972, p. 1186) the following paragraph:
"The word `project' shall also include any project as defined by the Act known as the `Development Authorities Law,' approved March 28, 1969 (Ga. Laws 1969, p. 137), as now amended. The word `project' shall also include the acquisition, construction, improvement, or modification of any property, real or personal, which shall be suitable for or used as a hotel or motel, or hotel and motel, providing food and lodging for transient guests with not less than 80 guest rooms available for overnight accommodations."
Section 2. Said Act is further amended by adding at the end of subsection (c) of quoted Section 6A of Section 1 of the amendatory Act approved April 7, 1972 (Ga. Laws 1972, p. 1186) the following new paragraph:
"The term `cost of project' shall include the term `cost of project' as defined by the Act known as the `Development Authorities Law,' approved March 28, 1969 (Ga. Laws 1969, p. 137), as now amended."
Section 3. The foregoing sections of this Act shall be deemed to be a grant of additional and alternative powers supplemental and additional to powers conferred upon said authority by other laws.
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Apply for Local Legislation.
Notice is hereby given of intention to apply for legislation at the 1980 Session of the General Assembly amending the legislative charter of the Savannah Port Authority so as to further define the terms

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"project" and "cost of project" in describing the powers and duties of the Savannah Port Authority, and for other purposes.

This January 11, 1980.

Notice of Intent to Apply for Local Legislation.
Notice is hereby given of intention to apply for legislation at the 1980 Session of the General Assembly amending the legislative charter of the Savannah Port Authority so as to further define the terms "project" and "cost of project" in describing the powers and duties of the Savannah Port Authority, and for other purposes.
This January 11, 1980.
Thomas S. Gray, Jr. Counsel Savannah Port Authority
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Arthur Gignilliat who, on oath, deposes and says that he/she is Representative from the 122nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Georgia Gazette which is the official organ of Chatham County, on the following dates: January 14, 21,28, 1980.
Is/ Arthur Gignilliat Representative, 122nd District

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Sworn to and subscribed before me, this 4th day of February, 1980.

Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Approved March 18, 1980.

CLAYTON JUDICIAL CIRCUIT - COMPENSATION OF OFFICIAL COURT REPORTERS.
No. 852 (House Bill No. 1692).
AN ACT
To amend an Act providing a salary for the official court reporter of the Clayton Judicial Circuit, approved March 17, 1959 (Ga. Laws 1959, p. 375), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 3899), so as to change the compensation of the official court reporters of the Clayton Judicial Circuit; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing a salary for the official court reporter of the Clayton Judicial Circuit, approved March 17, 1959 (Ga. Laws 1959, p. 375), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 3899), is hereby amended by striking the words, symbols and figure "nine thousand eight hundred dollars ($9,800.00)" in Section 1 in their entirety and inserting in lieu thereof the following:

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"$12,200.00",
so that when so amended Section 1 shall read as follows:
"Section 1. The official court reporters of the Clayton Judicial Circuit composed of Clayton County shall be compensated in an amount not to exceed $12,200.00 per annum each, to be set by the Chief Judge of the Superior Court of said circuit. Such compensation shall be paid in annual monthly installments from the funds provided for such purposes by Clayton County."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill to amend an Act providing a salary for the official court reporters of the Clayton Judicial Circuit, approved March 17, 1959 (Ga. Laws 1959, p. 375),I as amended; and for other purposes.
This 22nd day of Jam, 1980.
Rudolph Johnson Representative, 72nd District
Georgia, Clayton County.

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Personally appeared before the undersigned Jim Wood who on oath says that he is Publisher of the News Daily, and that the legal advertisement which appears below was published in said newspaper on the following dates: Jan. 22, 29, Feb. 5, 1980.

Is/ Jim Wood

Sworn to and subscribed before me, this 6th day of February, 1980.

Isl Pat DesRochers Notary Public, Georgia, State at Large. My Commission Expires July 5, 1982.

Approved March 18, 1980.

JAIL STANDARDS STUDY COMMISSION.
No. 89 (Senate Resolution N'
A RESOLUTION
Relative to jail standards; and for other purposes.
WHEREAS, the various local governments within the State of Georgia which operate jail facilities have an interest and responsibility in ensuring that these facilities are constructed and operated in a manner which provides that the public is protected by securely detaining individuals who constitute a danger to the community and that inmates detained are managed in a humane and efficient manner; and
13

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WHEREAS, heightened problems have been encountered in recent years regarding the operation of local jails; problems springing primarily from increasing inmate populations, decreasing resources, and increasing intervention through judicial decisions which impact upon all aspects of inmate detention; and
WHEREAS, early in 1979, the Georgia Jail Standards Study Commission was commissioned and assigned the task of surveying the existing system of jails in the State and developing jail standards which would serve as guidelines and technical assistance to local officials who cannot readily afford costly expertise in jail operations; and
WHEREAS, the Jail Standards Study Commission has worked diligently and, through a rigorous process of research, debate, and revision and through input from numerous jail practitioners, sheriffs, and professionals, has produced a set of standards covering the various areas of jail management and administration, architecture and facility planning, programs and activities, and classification and screening; and
WHEREAS, the adoption and implementation of these standards will provide for legally sound jail operations, but more importantly implementation will provide for the safety and security of those incarcerated and protection for the citizens of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of the Jail Standards Study Commission, its staff, and those agencies assisting the Commission, principally the Department of Community Affairs and the State Crime Commission, are hereby commended for their diligent efforts which should ultimately ensure that the public is better served by the State's system of local jails.
BE IT FURTHER RESOLVED that the General Assembly encourages local units of government to adopt and implement these recommended standards which should improve jail conditions statewide and assist local governments in avoiding costly court action which could be a costly burden to taxpayers.
BE IT FURTHER RESOLVED that the General Assembly encourages the Executive Branch of State Government to develop

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model policy and procedure manuals which could serve as a guide to local governments and facilitate the implementation of these standards.
BE IT FURTHER RESOLVED that the General Assembly wishes to express its desire that a continuing, on-going effort be developed in State Government to assist in implementing these standards by monitoring and evaluating their implementation, updating them where appropriate, and keeping abreast of legal actions and activities with implications in this area.
Approved March 20, 1980.

CRIMES - BAIL JUMPING.
Code Chapter 26-25 Amended.
No. 870 (Senate Bill No. 405).
AN ACT
To amend Code Chapter 26-25, relating to obstruction of law enforcement, as amended, so as to create the crimes of felony-bail jumping and misdemeanor-bail jumping; to provide conditions which would render it unlawful to fail to appear at a specified time and place without sufficient excuse; to provide for penalties; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Chapter 26-25, relating to obstruction of law enforcement, as amended, is hereby amended by adding at the end thereof a new Code Section 26-2511 to read as follows:
"26-2511. Bail jumping, (a) Any person who has been charged with, or convicted of, the commission of a felony under the laws of

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this state, and has been set at liberty on bail or on his own recognizance upon the condition that he will subsequently appear at a specified time and place, commits the offense of felony-bail jumping if, after notice to the defendant by mailing at his last known address, without sufficient excuse, he fails to appear at that time and place. A person convicted of the offense of felony-bail jumping shall be punished by imprisonment for not less than one nor more than five years or by a fine of not more than $5,000.00, or both.
(b) Any person who has been charged with, or convicted of, the commission of a forcible misdemeanor or misdemeanor which is of a high and aggravated nature, and has been set at liberty on bail or on his own recognizance upon the condition that he will subsequently appear at a specified time and place, commits the offense of misdemeanor-bail jumping if, after notice to the defendant by mailing at his last known address, without sufficient excuse, he fails to appear at that time and place. A person convicted of the offense of misdemeanor-bail jumping shall be punished as for a misdemeanor."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

CRIMES - LOITERING AND PROWLING.
Code Chapter 26-26 Amended.
No. 871 (Senate Bill No. 404).
AN ACT
To amend Code Chapter 26-26, relating to disorderly conduct and related offenses, as amended, so as to create the crime of loitering or prowling; to provide for a penalty; to provide for all procedures connected with the foregoing; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia:
Section 1. Code Chapter 26-26, relating to disorderly conduct and related offenses, as amended, is hereby amended by adding at the end thereof a new Code section to be designated Code Section 26-2616 and to read as follows:
"26-2616. Loitering or prowling, (a) A person commits the offense of loitering or prowling when one is in a place, at a time, or in a manner not usual for law-abiding individuals under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.
(b) Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that the person takes flight upon the appearance of a law enforcement officer, refuses to identify himself, or manifestly endeavors to conceal himself or any object. Unless flight by the person or other circumstances makes it impracticable, a law enforcement officer shall, prior to any arrest for an offense under this section, afford the person an opportunity to dispel any alarm or immediate concern which would otherwise be warranted by requesting the person to identify himself and explain his presence and conduct. No person shall be convicted of an offense under this section if the law enforcement officer failed to comply with the foregoing procedure, or if it appears at trial that the explanation given by the person was true and, would have dispelled the alarm or immediate concern.
(c) A person committing the offense of loitering or prowling shall be guilty of a misdemeanor and upon conviction shall be punished as for a misdemeanor.
(d) This section shall not be deemed or construed to affect or limit the powers of counties or municipal corporations to adopt ordinances or resolutions prohibiting loitering or prowling within their respective limits."

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

CRIMINAL PROCEDURE -- UNIFIED REVIEW PROCEDURE IN DEATH PENALTY CASES.
Code Chapter 27-25 Amended.
No. 872 (Senate Bill No. 406).
AN ACT
To amend Code Chapter 27-25, relating to sentences and executions, as amended, particularly by an Act to provide for the imposition of the death penalty in certain cases, approved March 28, 1973 (Ga. Laws 1973, p. 159), so as to add a new Code section to be designated Code Section 27-2538; to provide that the Supreme Court of Georgia shall establish by rules a unified motion for review procedure for the presenting to the sentencing court and the Supreme Court of Georgia of all possible challenges to the conviction, sentence, and detention of defendants upon whom the sentence of death has been imposed, which challenges now are presented for review by motion for new trial, motion to withdraw a guilty plea, appeal, writ of habeas corpus, or any other writ, motion or proceeding cognizable in the courts of this state; to provide that the Supreme Court shall establish by rules a series of check lists to be utilized by the trial court, the prosecuting attorney, and defense counsel prior to, during, and after the trial of cases in which the death penalty is sought to make certain that all possible matters which could be raised in defense have been considered by the defendant and defense counsel and either asserted in a timely and correct manner or waived in accordance with applicable legal requirements so that if the defendant is convicted and the sentence of death is imposed, the record and transcript of proceedings will be

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complete for unified review by the sentencing court and the Supreme Court of all possible challenges to the judgment of conviction, sentence of death, and the detention of the defendant; to provide that nothing in this Act or in the rules of the Supreme Court of Georgia shall limit or restrict the grounds of review or suspend the rights or remedies available through the procedures governing the writ of habeas corpus; to provide that the procedures governing the writ of habeas corpus may be employed to assert rights or seek remedies if the petitioner for the writ of habeas corpus demonstrates by a preponderance of the evidence that the procedures established in the rules of the Supreme Court of Georgia as applied to the petitioner are inadequate or ineffective in any constitutional sense; to provide that the rules shall be effective for a certain period of time; to provide for approval by the General Assembly; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section I. Code Chapter 27-25, relating to sentences and executions, as amended, particularly by an Act to provide for the imposition of the death penalty in certain cases, approved March 28, 1973 (Ga. Laws 1973, p. 159), is hereby amended by adding at the end thereof a new Code section, to be designated Code Section 25-2738, to read as follows:
"27-2738. Unified review of conviction, sentence, and detention when death sentence imposed; privilege of writ of habeas corpus not suspended, (a) The Supreme Court of Georgia shall establish by rules a unified motion for review procedure for the presenting to the sentencing court and the Supreme Court of Georgia of all possible challenges to the conviction, sentence, and detention of defendants upon whom the sentence of death has been imposed, which challenges now are presented for review by motion for new trial, motion to withdraw a guilty plea, appeal, writ of habeas corpus, or any other writ, motion, or proceeding cognizable in the courts of this state, except a claim or proceeding challenging the competency of counsel.
(b) The Supreme Court of Georgia shall establish by rules a series of check lists to be utilized by the trial court, the prosecuting attorney, and defense counsel prior to, during, and after the trial of

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cases in which the death penalty is sought to make certain that all possible matters which could be raised in defense have been considered by the defendant and defense counsel and either asserted in a timely and correct manner or waived in accordance with applicable legal requirements so that, if the defendant is convicted and the sentence of death is imposed, the record and transcript of proceedings will be complete for unified review by the sentencing court and the Supreme Court of all possible challenges to the judgment of conviction, sentence of death, and the detention of the defendant.
(c) Nothing in this Act or in the rules of the Supreme Court of Georgia shall limit or restrict the grounds of review or suspend the rights or remedies available through the procedures governing the writ of habeas corpus.
(d) The procedures governing the writ of habeas corpus may be employed to assert rights or seek remedies if the procedures established in the rules of the Supreme Court of Georgia as applied to the petitioner are inadequate or ineffective in any constitutional sense.
(e) Any rules adopted by the Supreme Court pursuant to this section shall be effective only through March 31, 1981, unless they are approved by the General Assembly at the regular 1981 session. When such rules are adopted by the Supreme Court, it shall be the duty of the Chief Justice to submit a copy to the presiding officer of the Senate and to the presiding officer of the House of Representatives. Approval by the General Assembly shall be by a resolution which shall go through the same procedure as any resolution intended to have the effect of law."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

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NOTIFICATION OF ESCAPE OF INMATES AND OF ACTIONS BY BOARD OF PARDONS AND PAROLES.
No. 873 (Senate Bill No. 407).
AN ACT
To require notification to certain parties of the escape of certain inmates from the custody of the Department of Offender Rehabilitation; to provide for notification to certain local authorities prior to the release of an inmate by the Department of Offender Rehabilitation; to provide for notification to certain local authorities upon the parole of an inmate by the State Board of Pardons and Paroles; to provide procedures connected with the foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. In addition to the all points bulletin issued by the Department of Offender Rehabilitation notifying all local law enforcement agencies within the state of the escape of any prisoner from the custody of the Department of Offender Rehabilitation, the department shall also within 72 hours of the discovery of such escape notify all parties, who in the judgment of the commissioner of the Department of Offender Rehabilitation have a legitimate need to know and who have requested in writing that the department notify the party prior to the prisoner's release from custody, that the prisoner has escaped.
Section 2. At least fifteen days prior to the projected date of release of any prisoner when such prisoner is to be released pursuant to the authority of the Department of Offender Rehabilitation, each district attorney and all local law enforcement agencies throughout the state shall be notified of such projected release date by the commissioner of the Department of Offender Rehabilitation. The execution of the notification required by this section shall be accomplished by the necessary information required by this section being contained within the Georgia Criminal Activity Bulletin published and disseminated by the Georgia Bureau of Investigation.
Section 3. Within 72 hours of the State Board of Pardons and Paroles' reaching a final decision to parole a prisoner, the district

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attorney, the presiding judge, and the sheriff of each county in which the prisoner was tried, convicted, and sentenced, and the local law enforcement authorities of the county of the last residence of the prisoner prior to incarceration shall be notified of such decision by the chairman of the State Board of Pardons and Paroles.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

GEORGIA CRIME INFORMATION CENTER S AUDITS.
No. 874 (Senate Bill No. 408).
AN ACT
To amend an Act providing for the establishment of the Georgia Crime Information Center, approved April 19, 1973 (Ga. Laws 1973, p. 1301), as amended by an Act approved March 24, 1976 (Ga. Laws 1976, p. 617), an Act approved March 31, 1976 (Ga. Laws 1976, p. 1401), an Act approved April 5, 1977 (Ga. Laws 1977, p. 1243), and an Act approved April 5, 1978 (Ga. Laws 1978, p. 1981), so as to authorize the auditing of crime information submitted to the Georgia Crime Information Center by local law enforcement agencies; to authorize the Georgia Crime Information Center to request samples of incident reports of local law enforcement agencies; to provide procedures connected with the foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing for the establishment of the Georgia Crime Information Center, approved April 19, 1973' (Ga. Laws 1973, p. 1301), as amended by an Act approved March 24, 1976 (Ga. Laws 1976, p. 617), an Act approved March 31, 1976 (Ga. Laws 1976, p. 1401), an Act approved April 5, 1977 (Ga. Laws

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1977, p. 1243), and an Act approved April 5, 1978 (Ga. Laws 1978, p. 1981), is hereby amended by adding at the end of subsection (c) of Section 3, relating to the functions of the Georgia Crime Information Center, the following:
"The Georgia Crime Information Center will develop procedures for periodically auditing crime reporting practices of local law enforcement agencies to insure compliance with the standards of national and state uniform crime reporting systems.",
so that when so amended subsection (c) of Section 3 shall read as follows:
"(c) Provide a uniform crime reporting system for the periodic collection, analysis, and reporting of crimes reported to and otherwise processed by any and all law enforcement agencies within the state as defined and provided for elsewhere in this Act. The Georgia Crime Information Center will develop procedures for periodically auditing crime reporting practices of local law enforcement agencies to insure compliance with the standards of national and state uniform crime reporting systems."
Section 2. Said Act is further amended by adding at the end of the first paragraph of subsection (b) of Section 4, relating to duties of criminal justice agencies, the following:
"Local law enforcement agencies upon the request of the Georgia Crime Information Center shall periodically provide for audit samples of incident reports for the preceding reporting period so that the Georgia Crime Information Center may help insure agency compliance with national and state uniform crime reporting requirements.",
so that when so amended subsection (b) of Section 4 shall read as follows:
"(b) All criminal justice agencies within the state shall submit to the Georgia Crime Information Center periodically at a time and in such form as prescribed by the Georgia Crime Information Center information regarding only the cases within its jurisdiction and in which it is or has been actively engaged. Said report shall be known as the `Uniform Crime Report' and shall include crimes reported

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and otherwise processed during the period preceding the period of report. Said report shall contain the number and nature of offenses committed, the disposition of such offenses, and such other information as the Georgia Crime Information Center shall specify, relating to the method, frequency, cause and prevention of crime. Local law enforcement agencies upon the request of the Georgia Crime Information Center shall periodically provide for audit samples of incident reports for the preceding reporting period so that the Georgia Crime Information Center may help insure agency compliance with national and state uniform crime reporting requirements.
Any governmental agency which is not included within the description of those departments and agencies required to submit the uniform crime report, which desires to submit such a report, shall be furnished with the proper forms by the Georgia Crime Information Center. When a report is received by the Georgia Crime Information Center from a governmental agency not required to make such a report, the information contained therein shall be included within the periodic compilation provided for in subsection 3(h)."
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

ORGANIZED CRIME PREVENTION COUNCIL.
No. 875 (Senate Bill No. 409).
AN ACT
To create the Organized Crime Prevention Council; to provide for assignment of the council to the Board of Public Safety for administrative purposes; to provide for the members, officers, qualifications, duties, powers, authority, appointments, terms of office, and vacancies; to provide for meetings; to provide for expenses; to

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provide for a director and other staff personnel; to provide for rules and regulations; to preserve the powers of certain state agencies; to provide for procedures connected with the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section I. There is hereby established the Organized Crime Prevention Council of the State of Georgia which is assigned to the Department of Public Safety for administrative purposes only, as prescribed in Section 3 of the "Executive Reorganization Act of 1972" (Ga. Laws 1972, p. 1015), as amended.
Section 2. (a) The Organized Crime Prevention Council shall be composed of eight members who shall be, by virtue of their training or experience, knowledgeable in the prevention and control of organized crime, and one of which must be a member on the Board of Public Safety. The Governor shall make all appointments and the members shall serve at his pleasure. The initial terms for the members shall begin July 1, 1981.
(b) In the event of death, resignation, disqualification, or removal of any member of the council, the Governor shall fill the vacancy in the manner as other member appointments.
Section 3. (a) The council shall elect a chairman and vicechairman from its members to serve at the pleasure of the council and may appoint such committees as it considers necessary to carry out its duties.
(b) The council shall meet once each alternate month. Additional meetings may be held on the call of the chairman or at the written request of any three members of the council.
(c) Members of the council shall serve without compensation but shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member of the council is in attendance at a meeting of such council, plus either reimbursement for actual transportation costs while traveling by public carrier or the same mileage allowance for use of a personal car in connection with such attendance as members of the General Assembly receive. Such expense and travel allowance shall

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be paid in lieu of any per diem, allowance, or other remuneration now received by any such member for such attendance.
Section 4. (a) The council may appoint a director who shall serve at the pleasure of the council.
(b) The director may contract for such services as may be necessary and authorized in order to carry out the purposes of this Act and may employ such other professional, technical, and clerical personnel as deemed necessary to carry out the purposes of this Act.
Section 5. (a) The council is hereby authorized to promulgate and adopt rules and regulations consistent with this Act which are necessary for the performance of its duties.
(b) The council shall develop and coordinate strategies and plans to attack and control organized crime, such as:
(1) Creation, guidance, and counseling of the Georgia State Intelligence Network (GSIN);
(2) Coordination of joint federal, state, and local intelligence conferences;
(3) Providing organized crime and intelligence training courses;
(4) Preparation of annual reports and annual confidential reports on Georgia's organized crime problem;
(5) Development of an annual organized crime legislation package;
(6) Coordination of international, national, and statewide special projects to combat organized crime;
(7) Providing advice and counsel to the Governor; and
(8) Informing the public of the menace of organized crime and the threat it poses to the citizens of Georgia.
(c) Notwithstanding any provision in this Act to the contrary, the Organized Crime Prevention Council shall not exercise any

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power, undertake any duty, or perform any function presently or hereafter assigned by law to the Governor, the Attorney General, or any prosecuting or investigatory agency at the state or local level.
Section 6. This Act shall become effective on July 1, 1981.
Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

ACT AUTHORIZING SELF-INSURANCE OF STATE AGENCIES AMENDED.
No. 876 (Senate Bill No. 411).
AN ACT
To amend an Act providing for programs of liability insurance or contracts of indemnity for State agencies, approved March 30, 1977 (Ga. Laws 1977, p. 1051), as amended, so as to provide that such programs may be extended to certain law enforcement officers and certain employees of district attorneys; to provide the procedures connected therewith; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing for programs of liability insurance or contracts of indemnity for State agencies, approved March 30, 1977 (Ga. Laws 1977, p. 1051), as amended, is hereby amended by adding between Sections 1 and 2 a new Section 1A to read as follows:
"Section 1A. Law enforcement personnel who are participants in any program coordinated and administered by the Georgia Organized Crime Prevention Council which provides for the temporary

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assignment or loan of local law enforcement personnel to other local law enforcement agencies for the purpose of such law enforcement officers serving as undercover agents in criminal investigations, or in any other manner or capacity assisting such local agencies in criminal investigations, may be provided protection against personal liability for damages sustained by third parties and arising out of the performance of such law enforcement personnel's duties while serving on such temporary assignment or loan. The Commissioner shall prescribe the terms and conditions under which such personnel may be covered by any liability insurance policy or contract of indemnity or other like or similar programs administered by the Commissioner pursuant to the provisions of this Act to provide such protection. Provided, further, that persons employed by the district attorneys of the State of Georgia, irrespective of the source of the funds used to pay such persons, shall be allowed to purchase policies of liability insurance and contracts of indemnity insurance and for the purposes of this Act shall be considered to be State employees."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Approved March 20, 1980.

ADVISORY COUNCIL FOR PROBATION CREATED.
No. 877 (Senate Bill No. 519).
AN ACT
To create an Advisory Council for Probation; to provide for the composition and responsibilities of the council; to provide that the council shall advise with the Board of Offender Rehabilitation and the Department of Offender Rehabilitation on matters of policy,

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personnel, and budget which affect probationary services; to provide for a staff director for the council; to provide the procedures connected with the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. There is hereby created an Advisory Council for Probation to be composed of one superior court judge from each of the judicial administrative districts. The district council for each judicial administrative district shall select the superior court judge who shall be each respective district's member of the council. The initial terms of office of the council members shall be as follows; Districts 1 through 3, one year; Districts 4 through 6, two years; Districts 7 through 10, three years. Thereafter, all successors to the initial members of the council shall serve for terms of office of three years. Members of the council shall be selected by the district council meeting in caucus called for such purpose by the administrative judge of each district within 60 days after the approval of this Act.
Section 2. The Advisory Council for Probation shall meet, consult, and advise with the Board of Offender Rehabilitation and the Department of Offender Rehabilitation on questions and matters of mutual concern and interest relative to policy, personnel, and budget which pertain to probationary activities, powers, duties, and responsibilities of the Board of Offender Rehabilitation and the Department of Offender Rehabilitation. The advisory council shall institute such studies and surveys and shall make such recommendations to the board and department as the council shall deem wise and necessary and which, in the opinion of the council, will improve the effectiveness and efficiency of probation services rendered throughout the state. No change in existing policy of the Board of Offender Rehabilitation or the Department of Offender Rehabilitation relative to probation, if the magnitude of the change will result in a significant impact upon statewide probationary services, or any such new policy, shall be instituted by the board or department without the opportunity being afforded to the Advisory Council for Probation to advise and consult with the board or department on such proposed changes. The recommendations of the Advisory Council for Probation shall, however, be advisory only and shall not bind the board or department. The Board of Offender Rehabilitation, the Department of Offender Rehabilitation, and the

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council shall meet periodically throughout each year for the purpose of improving the administration, efficiency, and effectiveness of probation services.
Section 3. The Advisory Council for Probation is authorized to employ and fix the compensation of a staff director, subject to the appropriation of funds for this position, who shall be responsible to the council and who shall discharge such duties and assignments as shall be assigned to him by the council. Members of the council shall be reimbursed for their actual expenses incurred in connection with the activities and responsibilities of the council. The funds necessary to meet the expenses of the council shall be met from those funds appropriated to or otherwise available for the operation of the superior courts.
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

STATE BOARD OF PARDONS AND PAROLES EARNED TIME TO PAROLEES.
No. 878 (Senate Bill No. 520).
AN ACT
To amend an Act creating the State Board of Pardons and Paroles, approved February 5, 1943 (Ga. Laws 1943, p. 185), as amended, particularly by an Act approved March 31, 1965 (Ga. Laws 1965, p. 478), so as to authorize the State Board of Pardons and Paroles to adopt rules and regulations, policies, and procedures for the granting of earned time to a parolee or other conditional releasee in the same manner as if such releasee were serving the

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sentence in custody; to authorize the Board to withhold or forfeit, in whole or in part, any such earned time allowances; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the State Board of Pardons and Paroles, approved February 5; 1943 (Ga. Laws 1943, p. 185), as amended, particularly by an Act approved March 31, 1965 (Ga. Laws 1965, p. 478), is hereby amended by striking Section 18 in its entirety and inserting in lieu thereof a new Section 18 to read as follows:
"Section 18. No person who has been placed on parole shall be discharged therefrom by the Board prior to the expiration of the term for which he was sentenced, or until he shall have been duly pardoned or otherwise released as hereinafter provided or as provided by law. The Board may adopt rules and regulations, policies and procedures for the granting of earned time to persons while serving their sentences on parole or other conditional release to the same extent and in the same amount as if such person were serving the sentence in custody. The Board shall also be authorized to withhold or to forfeit in whole or in part any such earned time allowances. The Board may relieve a person on parole or other conditional release from making further reports and may permit such person to leave the State or county if satisfied that this is for the conditional releasee's best interest and for the best interest of society.' When a parolee or other conditional releasee has, in the opinion of the Board, so conducted himself as to deserve a pardon or a commutation of sentence or the remission in whole or in part of any fine, forfeiture or penalty, the Board may grant such relief in cases within its power."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

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STATE BOARD OF PARDONS AND PAROLES PAROLE GUIDELINES.
No. 879 (Senate Bill No. 521).
AN ACT
To amend an Act creating the State Board of Pardons and Paroles, approved February 5, 1943 (Ga. Laws 1943, p. 185), as amended, so as to require the Board to adopt, implement and maintain a parole guidelines system for determining parole action; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia;
Section 1. An Act creating the State Board of Pardons and Paroles, approved February 5, 1943 (Ga. Laws 1943, p. 185), as amended, is hereby amended by adding a new section between Sections 12 and 13, to be designated Section 12A, to read as follows;
"Section 12A. (a) The Board shall adopt, implement and maintain a parole guidelines system for determining parole action. Such guidelines system shall be used in determining parole actions on all inmates, except those serving life sentences, who will become statutorily eligible for parole consideration. The system shall be consistent with the Board's primary goal of protecting society and shall consider the severity of the current offense, the prisoner's prior criminal history, prison conduct and social factors which the Board has found to have value in predicting the probability of further criminal behavior and successful adjustment under parole supervision.
(b) The guidelines system required by subsection (a) hereof shall be adopted by rules or regulations of the Board. Such rules or regulations shall be adopted in conformity with the Act known as the `Georgia Administrative Procedure Act,' approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended."

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

GEORGIA RICO (RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS) ACT.
Code Title 26 Amended.
No. 880 (House Bill No. 803).
AN ACT
To amend Code Title 26, known as the Criminal Code, so as to make it unlawful to use a pattern of violations of certain laws of this state or proceeds therefrom to acquire, maintain an interest in, establish, or conduct any enterprise or real or personal property; to provide a short title, findings, and intent; to define terms; to provide for criminal penalties; to provide for civil remedies and forfeitures; to redesignate Code Section 26-1710, relating to fraudulently obtaining or attempting to obtain public housing; to provide for other matters relative to the foregoing; to provide for severability; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Title 26, known as the Criminal Code, is hereby amended by adding thereto a new Code chapter, to be designated Code Chapter 26-34, to read as follows:
"CHAPTER 26-34 Racketeer Influenced and Corrupt Organizations
26-3401. Short title; findings and intent, (a) This chapter shall be known and may be cited as the `Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act.'

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(b) The General Assembly finds that a severe problem is posed in this state by the increasing organization among certain criminal elements and the increasing extent to which criminal activities and funds acquired as a result of criminal activity are being directed to and against the legitimate economy of the state. The General Assembly declares that the intent of this chapter is to impose sanctions against this subversion of the economy by organized criminal elements and to provide compensation to private persons injured thereby. It is not the intent of the General Assembly that isolated incidents of misdemeanor conduct be prosecuted under this chapter, but only an interrelated pattern of criminal activity the motive or effect of which is to derive pecuniary gain. This chapter shall be construed to further that intent.
26-3402. Definitions. As used in this chapter:
(a) `Racketeering activity' means to commit, to attempt to commit, or to solicit, coerce, or intimidate another person to commit any crime which is chargeable by indictment under the following Georgia laws:
(1) Code Chapter 79A-8, relating to controlled substances.
(2) Code Chapter 79A-7, known as the `Dangerous Drugs Act.'
(3) Subsection (j) of Code Section 79A-811, relating to marijuana.
(4) Code Chapter 26-11, relating to homicide.
(5) Code Chapter 26-13, relating to bodily injury and related offenses.
(6) Code Chapter 26-14, relating to arson.
(7) Code Section 26-1601, relating to burglary.
(8) Code Section 26-1701, relating to forgery in the first degree.

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(9) Code Chapter 26-18, relating to theft.
(10) Code Chapter 26-19, relating to robbery.
(11) Code Sections 26-2012, 26-2013, 26-2014, 26-2016, and 26-2017, relating to prostitution and pandering.
(12) Code Section 26-2101, relating to distributing obscene materials.
(13) Code Section 26-2301, relating to bribery.
(14) Code Section 26-2313, relating to influencing witnesses.
(15) Code Chapter 26-24, relating to perjury and other falsifications.
(16) Code Section 26-2501, relating to tampering with evidence.
(17) Code Section 26-2703, relating to commercial gambling.
(18) Code Section 58-206, relating to distilling or making liquors.
(19) An Act known as the `Georgia Firearms and Weapons Act,' approved April 8, 1968 (Ga. Laws 1968, p. 983), as amended.
(20) An Act to prohibit certain unauthorized transfers and reproductions of recorded material, approved February 27, 1975 (Ga. Laws 1975, p. 44), as amended.
(b) `Enterprise' means any sole proprietorship, partnership, corporation, business trust, union chartered under the laws of this state, or other legal entity, or any unchartered union, association, or group of individuals associated in fact although not a legal entity, and it includes illicit as well as licit enterprises and governmental as well as other entities.

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(c) `Pattern of racketeering activity' means engaging in at least two incidents of racketeering activity which have the same or similar intents, results, accomplices, victims, or methods of commission and which are otherwise interrelated by distinguishing characteristics and are not isolated incidents, provided at least one of such incidents occurred after the effective date of this chapter and that the last of such incidents occurred within four years after a prior incident of racketeering activity.
26-3403. Prohibited activities, (a) It is unlawful for any person, through a pattern of racketeering activity or proceeds derived therefrom, to acquire or maintain, directly or indirectly, any interest in or control of any enterprise, real property, or personal property of any nature including money.
(b) It is unlawful for any person employed by, or associated with, any enterprise to conduct or participate in, directly or indirectly, such enterprise through a pattern of racketeering activity.
26-3404. Criminal penalties and alternative fine, (a) Any person convicted of engaging in activity in violation of the provisions of Code Section 26-3403 is guilty of a felony and shall be punished by not less than five nor more than 20 years' imprisonment or the fine specified in subsection (b) or both.
(b) In lieu of any fine otherwise authorized by law, any person convicted of engaging in conduct in violation of the provisions of Code Section 26-3403 may be sentenced to pay a fine that does not exceed the greater of $25,000.00 or three times the amount of any pecuniary value gained by him from such violation.
(c) The court shall hold a hearing to determine the amount of the fine authorized by subsection (b).
(d) For the purposes of subsection (b), `pecuniary value' means:
(1) Anything of value in the form of money, a negotiable instrument, a commercial interest, or anything else the primary significance of which is economic advantage; or

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(2) Any other property or service that has a value in excess of $100.00.
26-3405. Forfeiture, (a) All property of every kind used or intended for use in the course of, derived from, or realized through a pattern of racketeering activity is subject to forfeiture to the state. Forfeiture shall be had by a civil procedure known as a RICO forfeiture proceeding under the following rules.
(b) A RICO forfeiture proceeding shall be governed by the Georgia Civil Practice Act, except to the extent that special rules of procedure are stated herein.
(c) A RICO forfeiture proceeding shall be an in rem proceeding against the property.
(d) A RICO forfeiture proceeding shall be instituted by complaint and prosecuted by the district attorney of the county in which the property is located or seized. The proceeding may be commenced before or after seizure of the property.
(1) If the complaint is filed before seizure, it shall state what property is sought to be forfeited, that the property is within the jurisdiction of the court, the grounds for forfeiture, and the names of all persons known to have or claim an interest in the property. The court shall determine ex parte whether there is reasonable cause to believe that the property is subject to forfeiture and that notice to those persons having or claiming an interest in the property prior to seizure would cause the loss or destruction of the property. If the court finds that reasonable cause does not exist to believe the property is subject to forfeiture, it shall dismiss the complaint. If the court finds that reasonable cause does exist to believe the property is subject to forfeiture but there is not reasonable cause to believe that prior notice would result in loss or destruction, it shall order service on all persons known to have or claim an interest in the property prior to a further hearing on whether a writ of seizure should issue. If the court finds that there is reasonable cause to believe that the property is subject to forfeiture and to believe that prior notice would cause loss or destruction, it shall without any further hearing or notice issue a writ of seizure directing the sheriff of the county where the property is found to seize it.

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(2) Seizure may be effected by a law enforcement officer authorized to enforce the penal laws of this state prior to the filing of the complaint and without a writ of seizure if the seizure is incident to a lawful arrest, search, or inspection and the officer has probable cause to believe the property is subject to forfeiture and will be lost or destroyed if not seized. Within ten days of the date of seizure, such seizure shall be reported by said officer to the district attorney of the circuit in which the seizure is effected; and the district attorney shall, within 30 days of receiving notice of seizure, file a complaint for forfeiture. The complaint shall state, in addition to the information required in paragraph (1) of this subsection (d), the date and place of seizure.
(e) After the complaint is filed or the seizure effected, whichever is later, every person known to have or claim an interest in the property shall be served, if not previously served, with a copy of the complaint and a notice of seizure in the manner provided by the Georgia Civil Practice Act. Service by publication may be ordered upon any party whose whereabouts cannot be determined.
(f) (1) Any person claiming an interest in the property may become a party to the action at any. time prior to judgment, whether named in the complaint or not. Any party claiming a substantial interest in the property may upon motion be allowed by the court to take possession of the property upon posting bond with good and sufficient security in double the amount of the property's value conditioned to pay the value of any interest in the property found to be subject to forfeiture or the value of any interest of another not subject to forfeiture. Such a party taking possession shall not remove the property from the territorial jurisdiction of the court without written permission from the court.
(2) The court may, upon such terms and conditions as prescribed by it, order that the property be sold by an innocent party who holds a lien on or security interest in the property at any time during the proceedings. Any proceeds from such sale over and above the amount necessary to satisfy the lien or security interest shall be paid into court pending final judgment in the forfeiture proceeding. No such sale shall be ordered, however, unless the obligation upon which the lien or security interest is based is in default.

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(3) Pending final judgment in the forfeiture proceeding, the court may make any other disposition of the property which is in the interest of substantial justice.
(g) After service of process all further proceedings shall be as provided in the Georgia Civil Practice Act; except that any party may bring one motion to dismiss at any time and such motion shall be heard and ruled on within 10 days. Any party may demand a jury trial.
(h) The interest of an innocent party in the property shall not be subject to forfeiture. An innocent party is one who did not have actual or constructive knowledge that the property was subject to forfeiture.
(i) Subject to the requirement of protecting the interest of all innocent parties, the court may after judgment of forfeiture make any of the following orders for disposition of the property:
(1) Destruction of contraband, the possession of which is illegal;
(2) Retention for official use by any agency of this state or any political subdivision thereof. When such agency or political subdivision no longer has use for such property, it shall be disposed of by judicial sale; ,
: (3) Transfer to the Department of Archives of property useful for historical or instructional purposes;
(4) Retention of the property by any innocent party having an interest therein, upon payment or approval of a plan for payment into court of the value of any forfeited interest in the property; such a plan may include, in the case of an innocent party who holds a lien on or security interest in the property, the sale of the property by said innocent party under such terms and conditions as may be prescribed by the court and the payment into court of any proceeds from such sale over and above the amount necessary to satisfy the lien or security interest;
(5) Judicial sale of the property;

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(6) Transfer of the property to any innocent party having an interest therein equal to or greater than the value of the property; or
(7) Any other disposition of the property which is in the interest of substantial justice and adequately protects innocent parties.
(j) The net proceeds of any sale or disposition after satisfaction of the interest of any innocent party, less the greater of one-half thereof or the costs borne by the county in bringing the forfeiture action, shall be paid into the general fund of the state treasury. The costs borne by the county or one-half of the net proceeds of sale or disposition, whichever is greater, shall be paid into the treasury of the county where the forfeiture action is brought.
26-3406. Other civil remedies, (a) Any superior court may, after making due provisions for the rights of innocent persons, enjoin violations of the provisions of Code Section 26-3403 by issuing appropriate orders and judgments including, but not limited to:
(1) Ordering any defendant to divest himself of any interest in any enterprise, real property, or personal property;
(2) Imposing reasonable restrictions upon the future activities or investments of any defendant including, but not limited to, prohibiting any defendant from engaging in the same type of endeavor as the enterprise in which he was engaged in violation of the provisions of Code Section 26-3403;
(3) Ordering the dissolution or reorganization of any enterprise;
(4) Ordering the suspension or revocation of any license, permit, or prior approval granted to any enterprise by any agency of the state; or
(5) Ordering the forfeiture of the charter of a corporation organized under the laws of the State of Georgia or the revocation of a certificate authorizing a foreign corporation to conduct business within the State of Georgia upon a finding that the board of directors or a managerial agent acting on behalf of the

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corporation, in conducting affairs of the corporation, has authorized or engaged in conduct in violation of Code Section 263403 and that, for the prevention of future criminal activity, the public interest requires that the charter of the corporation be forfeited and that the corporation be dissolved or the certificate be revoked.
(b) Any aggrieved person or the state may institute a proceeding under subsection (a). In such proceeding, relief shall be granted in conformity with the principles that govern the granting of injunctive relief from threatened loss or damage in other civil cases, provided that no showing of special or irreparable damage to the person shall have to be made. Upon the execution of proper bond against damages for an injunction improvidently granted and a showing of immediate danger of significant loss or damage, a temporary restraining order and a preliminary injunction may be issued in any such action before a final determination on the merits.
(c) Any person who is injured by reason of any violation of the provisions of Code Section 26-3403 shall have a cause of action for three times the actual damages sustained and, where appropriate, punitive damages. Such person shall also recover attorneys' fees in the trial and appellate courts and costs of investigation and litigation, reasonably incurred.
(1) The defendant or any injured person may demand a trial by jury in any civil action brought pursuant to this Code section.
(2) Any injured person shall have a right or claim to forfeited property or to the proceeds derived therefrom superior to any right or claim the state or the county (other than for costs) has in the same property or proceeds. To enforce such a claim, the injured person must intervene in the forfeiture proceeding prior to its final disposition.
(d) A conviction in any criminal proceeding under this chapter shall estop the defendant in any subsequent civil action or proceeding as to all matters proved in the criminal proceeding.
26-3407. Notwithstanding any other provision of law, a criminal or civil action or proceeding under this chapter may be com-

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menced up until five years after the conduct in violation of a provision of this chapter terminates or the cause of action accrues. If a criminal prosecution or civil action is brought by the state to punish or prevent any violation of this chapter, then the running of this period of limitations, with respect to any cause of action arising under subsection 26-3406(b) or (c) which is based upon any matter complained of in such prosecution or action by the state, shall be suspended during the pendency of such prosecution or action by the state and for two years thereafter.
26-3408. The application of one civil remedy under any provision of this chapter shall not preclude the application of any other remedy, civil or criminal, under this chapter or any other provision of law. Civil remedies under this chapter are supplemental and not mutually exclusive."
Section 2. Code Chapter 26-17, relating to deceptive practices, as amended, is hereby amended by redesignating Code Section 261710, relating to fraudulently obtaining or attempting to obtain public housing, as enacted by an Act approved April 8, 1977 (Ga. Laws 1977, p. 1332), as Code Section 26-1710.1. The provisions of this Act shall apply only to Code Section 26-1710, relating to fraudulently obtaining or attempting to obtain public housing and shall not affect, amend, or alter Code Section 26-1710, relating to fraudulent telephone soliciation, as enacted by an Act approved March 23, 1977 (Ga. Laws 1977, p. 601).
Section 3. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

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Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

COURTS OF INQUIRY.
Code Section 27-407 Amended.
No. 881 (House Bill No. 1146).
AN ACT
To amend Code Section 27-407, relating to the duty of the court of inquiry, so as to limit the jurisdiction of certain courts who have previously served as courts of inquiry concerning certain criminal charges; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 27-407, relating to the duty of the court of inquiry, is hereby amended by adding at the end thereof the following:
"Any court, other than a superior court or state court, to which any charge of a violation of Code Section 26-2901 or Code Section 26-2903 is referred for the determination required by this section shall thereafter have and exercise only the jurisdiction of a court of inquiry with respect to said charge and with respect to any other criminal violation arising from the transaction on which said charge was based and shall not thereafter be competent to try the accused for said charge or for any other criminal violation arising from the transaction on which said charge was based, irrespective of the jurisdiction that the court otherwise would have under any other law.",

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so that when so amended Code Section 27-407 shall read as follows:
"27-407. The duty of the court of inquiry is simply to determine whether there is sufficient reason to suspect the guilt of the accused, to require him to appear and answer before the court competent to try him; and whenever such probable cause exists, it is the duty of the court to commit. Any court, other than a superior court or state court, to which any charge of a violation of Code Section 26-2901 or Code Section 26-2903 is referred for the determination required by this section shall thereafter have and exercise only the jurisdiction of a court of inquiry with respect to said charge and with respect to any other criminal violation arising from the transaction on which said charge was based and shall not thereafter be competent to try the accused for said charge or for any other criminal violation arising from the transaction on which said charge was based, irrespective of the jurisdiction that the court otherwise would have under any other law."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

JUVENILE COURT CODE OF GEORGIA AMENDED.
Code Title 24A Amended.
No. 882 (House Bill No. 1147).
AN ACT
To amend Code Title 24A, the Juvenile Court Code of Georgia, as amended, so as to provide for circumstances under which the district attorney should be notified when certain children are taken into custody; to require the district attorney to conduct certain proceedings against children; to provide for procedures connected with the foregoing; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia:
Section 1. Code Title 24A, the Juvenile Court Code of Georgia, as amended, is hereby amended by adding at the end of Code Section 24A-1301, relating to the taking of a child into custody, a new subsection, to be designated as subsection (c), and to read as follows:
"(c) When a child who is taken into custody pursuant to this chapter has committed an act which would constitute a felony under the laws of this State if committed by an adult, the juvenile court shall, within 48 hours after it learns of the taking into custody, notify the district attorney or duly authorized assistant of the judicial circuit in which the juvenile proceedings are to be instituted.",
so that when so amended Code Section 24A-1301 shall read as follows:
"24A-1301. Taking into custody, (a) A child may be taken into custody:
(1) pursuant to an order of the court under this Title, including an order to an employee of the Department of Human Resources designated in accordance with Section 13(h)(2) of the Children and Youth Act, approved March 13, 1963 (Ga. Laws 1963, p. 81), as amended, to apprehend a child who has escaped from an institution or facility operated by said department or a child who has been placed under supervision and who has broken the conditions thereof;
(2) pursuant to the laws of arrest;
(3) by a law enforcement officer (or duly authorized officer of the court) if there are reasonable grounds to believe that the child has committed a delinquent act, or if there are reasonable grounds to believe he is an unruly child;
(4) by a law enforcement officer (or duly authorized officer of the court) if there are reasonable grounds to believe that the child is suffering from illness or injury or is in immediate danger from his surroundings, and that his removal is necessary; or 14

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(5) by a law enforcement officer (or duly authorized officer of the court) if there are reasonable grounds to believe that the child has run away from his parents, guardian, or other custodian.
(b) The taking of a child into custody is not an arrest, except for the purpose of determining its validity under the Constitution of this State or of the United States.
(c) When a child who is taken into custody pursuant to this chapter has committed an act which would constitute a felony under the laws of this State if committed by an adult, the juvenile court shall, within 48 hours after it learns of the taking into custody, notify the district attorney or duly authorized assistant of the judicial circuit in which the juvenile proceedings are to be instituted."
Section 2. Said Code title is further amended by adding after subsection (d) of Code Section 24A-1801, relating to the conduct of hearings, the following:
"(e) In any delinquency proceeding in which a petition has been filed in which the delinquent act would constitute a felony if committed by an adult, the district attorney or a member of his staff must conduct the proceedings on behalf of the state if requested to do so by the juvenile court at least 96 hours prior to the proceeding. In any such case, the petition shall be dismissed by the court upon the motion of the district attorney setting forth that there is not sufficient evidence to warrant the further conduct of the proceeding.",
so that when so amended Code Section 24A-1801 shall read as follows:
"24-1801. Conduct of hearings, (a) All hearings shall be conducted by the court without a jury. Any hearing may be adjourned from time to time within the discretion of the court as set forth in subsection (e) of Section 24A-2201.
(b) Unless waived by the juvenile and his parent, guardian or attorney, the proceedings shall be recorded by stenographic notes or by electronic, mechanical, or other appropriate means.

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(c) The general public shall be excluded from hearings involving delinquency, deprivation or unruliness. Only the parties, their counsel, witnesses, and other persons accompanying a party for his assistance, and any other persons as the court finds have a proper interest in the proceeding or in the work of the court may be admitted by the court. The court may temporarily exclude the child from the hearing except while allegations of his delinquency or unruly conduct are being heard.
(d) In any proceeding before the juvenile court, the judge, upon his own motion, may request the assistance of the district attorney or a member of his staff to conduct the proceedings on behalf of the petitioner. If for any reason the district attorney is unable to assist, then the judge may appoint legal counsel for said purpose.
(e) In any delinquency proceeding in which a petition has been filed in which the delinquent act would constitute a felony if committed by an adult, the district attorney or a member of his staff must conduct the proceedings on behalf of the state if requested to do so by the juvenile court at least 96 hours prior to the proceeding. In any such case, the petition may be dismissed by the court upon the motion of the district attorney setting forth that there is not sufficient evidence to warrant the further conduct of the proceeding."
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

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DEPARTMENT OF PUBLIC SAFETY ^ ARREST POWERS OF AGENTS OF GEORGIA BUREAU OF INVESTIGATION.
No. 883 (House Bill No. 1148).
AN ACT
To amend an Act creating the Department of Public Safety, approved March 19, 1937 (Ga. Laws 1937, p. 322), as amended, particularly by an Act approved March 21, 1974 (Ga. Laws 1974, p. 447), so as to provide that properly appointed agents of the Georgia Bureau of Investigation shall have enforcement powers concurrent with the Department of Revenue for the enforcement of all criminal statutes pertaining to the manufacture, transportation, distribution, sale, or possession of liquor, wine, beer, alcoholic beverages, cigars, cigarettes, little cigars, cheroots, and stogies; to provide that such agents in the enforcement of such laws shall have the authority to bear arms, make arrests, execute warrants for arrests, investigate and execute search warrants and seize and hold articles of contraband; to provide that such authority shall relate only to the criminal provisions relating to such products; to provide that such authority shall not extend to regulatory matters with respect to such products under the jurisdiction of the State Revenue Commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Department of Public Safety, approved March 19, 1937 (Ga. Laws 1937, p. 322), as amended, particularly by an Act approved March 21, 1974 (Ga. Laws 1974, p. 447), is hereby amended by adding at the end of Section 1 of Article III a new Section to be designated Section 1A, which shall read as follows:
"Section 1A. (a) All properly appointed agents of the Georgia Bureau of Investigation shall have the powers, including the power of making arrests and appearing in court, for the enforcement of all criminal statutes pertaining to the manufacture, transportation, distribution, sale, or possession of liquor, wine, beer, alcoholic beverages, cigars, cigarettes, little cigars, cheroots, and stogies and shall concurrently with agents and enforcement officers appointed by the

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State Revenue Commissioner have the authority throughout the State:
(1) To obtain and execute warrants for the arrest of persons charged with violations of such laws;
(2) To obtain and execute search warrants in the enforcement of such laws;
(3) To arrest without warrant any person found in violation of such laws, or endeavoring to escape, or for other cause there is likely to be a failure of enforcement of such laws for want of an officer to issue a warrant;
(4) To make investigations in the enforcement of such laws and in connection therewith to go upon any property outside of buildings, posted or otherwise, in the performance of such duties;
(5) To seize and take possession of all property which is declared contraband under such laws; and
(6) To carry firearms while performing their duties.
(b) The enforcement powers herein conferred upon agents of the Georgia Bureau of Investigation shall relate only to the enforcement of the criminal provisions relating to the manufacture, transportation, distribution, sale, or possession of liquor, wine, beer, alcoholic beverages, cigars, cigarettes, little cigars, cheroots, and stogies and shall not extend to regulatory matters with respect to such products under the jurisdiction of the State Revenue Commissioner."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

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BINGO - REGULATION BY GEORGIA BUREAU OF INVESTIGATION.
No. 884 (House Bill No. 1149).
AN ACT
To amend an Act providing for the regulation and licensing of the operation of nonprofit bingo games, approved March 30, 1977 (Ga. Laws 1977, p. 1164), as amended by an Act approved March 9, 1978 (Ga. Laws 1978, p. 853), so as to provide for the administration of said Act by the Georgia Bureau of Investigation; to define the term "Director"; to provide for bingo licensing by such Director; to provide that the Director shall decide what activity constitutes bingo; to provide that applications for bingo licenses shall be made to the Director of the Georgia Bureau of Investigation; to change "Commissioner" and "State Revenue Commissioner" to "Director" wherever same appears in the Act; to change "State Department of Revenue" to "Georgia Bureau of Investigation" wherever same appears in the Act; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing for the regulation and licensing of the operation of nonprofit bingo games, approved March 30, 1977 (Ga. Laws 1977, p. 1164), as amended by an Act approved March 9, 1978 (Ga. Laws 1978, p. 853), is hereby amended by striking subsection (b) of Section 1 of said Act which reads as follows:
"(b) `Commissioner' means the State Revenue Commissioner.",
and inserting in lieu thereof a new subsection (b) of Section 1 to read as follows:
"(b) `Director' means the Director of the Georgia Bureau of Investigation."
Section 2. Said Act is further amended by striking from Section 2 of said Act the words "Commissioner" and "State Revenue Commissioner" wherever the same shall appear and substituting in lieu thereof the word "Director", so that when so amended Section 2 shall read as follows:

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"Section 2. Any provision of the law to the contrary notwithstanding, no nonprofit tax exempt organization shall be permitted to operate a bingo game until the Director issues a license to the organization authorizing it to do so. In the event of any controversy concerning whether or not certain activity constitutes bingo for which a license may be issued, the decision of the Director shall control. The license described in this Act is in addition to and not in lieu of any other licenses which may be required by the State of Georgia or any political subdivision thereof, and no bingo game shall be operated until such time as all requisite licenses have been obtained."
Section 3. Said Act is further amended by striking from the first and fourth sentences of Section 3 the words "Commissioner" and "State Department of Revenue" and inserting in lieu thereof the words "Director" and "Georgia Bureau of Investigation", respectively, so that when so amended the said sentences of Section 3 shall read as follows:
"Any nonprofit, tax exempt organization desiring to obtain a license to operate bingo games shall make application to the Director on forms prescribed by the Georgia Bureau of Investigation and shall pay an annual fee of $ 100.00.",
and
"Renewal applications for each calendar year shall be filed with the Director prior to January 1st of each year and shall be on a form prescribed by the Georgia Bureau of Investigation."
Section 4. Said Act is further amended by striking the words "State Revenue Commissioner" from subsection (8) of Section 3 and from the last sentence of Section 3 and inserting in lieu thereof the word "Director" in both such places, so that when so amended subsection (8) of Section 3 and the last sentence of Section 3 shall read as follows:
"(8) Any other necessary and reasonable information which the Director may require.",
and

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"The Director shall refuse to grant a bingo license to any applicant who fails to fully provide the information required by this Section."
Section 5. Said Act is further amended by striking from the first two sentences of Section 3A the word "Commissioner" and inserting in lieu thereof the words "Director", so that when so amended the first two sentences of Section 3A shall read as follows:
"The Director shall, upon the request of any prosecuting attorney or his designee, certify the status of any organization as to that organization's exemption from payment of State Income Taxes as a nonprofit organization. The Director shall also upon request issue a certificate indicating whether any particular organization holds a currently valid license to operate a bingo game."
Section 6. Said Act is further amended by striking the word "Commissioner" from the title of Section 6 and the word "Commissioner" from the first sentence of Section 6 and inserting in lieu thereof the word "Director", so that when so amended the title of Section 6 and the first sentence of Section 6 shall read as follows:
"Annual report to be filed with the Director. On or before April 15th of each year, every nonprofit tax exempt organization engaged in operating bingo games shall file with the Director a report disclosing all receipts and expenditures relating to the operation of bingo games in the previous year."
Section 7. Said Act is further amended by striking from the first sentence of subsection (a) of Section 7 the word "Commissioner" and inserting in lieu thereof the word "Director", so that when so amended the first sentence of subsection (a) of Section 7 shall read as follows:
"The Director has the specific authority to suspend or revoke any license for any violation of the provisions of this Act or for any violation of any rule or regulation promulgated hereunder."
Section 8. Said Act is further amended by striking from subsection (b) of Section 7 the words "State Revenue Commissioner" and inserting in lieu thereof the word "Director", so that when so amended subsection (b) of Section 7 shall read as follows:

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"(b) By making application for a license under this Act, every applicant herewith consents that the Director, as well as any of his agents, together with any prosecuting attorney as well as any of his agents, may come upon the premises of any licensee or upon any premises on which any licensee is conducting a bingo game for the purpose of examining the accounts and records of the licensee to determine if a violation of any of the provisions of this Act have occurred."
Section 9. Said Act is further amended by striking from Section 9 of said Act the word "Commissioner" and inserting in lieu thereof the word "Director", so that when so amended Section 9 shall read as follows:
"Section 9. Rules and regulations. The Director is hereby authorized to promulgate rules and regulations which he deems necessary for the proper administration and enforcement of the provisions of this Act."
Section 10. Said Act is further amended by striking from the first sentence of Section 10 the word "Commissioner" and inserting in lieu thereof the word "Director", so that when so amended the first sentence of Section 10 shall read as follows:
"Any person who operates a bingo game without a valid license issued by the Director as provided in this Act shall be guilty of commercial gambling as defined in Ga. Code Ch. 26-27 and punished accordingly."
Section 11. Said Act is further amended by striking from Section 11 of said Act the word "Commissioner" and inserting in lieu thereof the word "Director", so that when so amended Section 11 of said Act shall read as follows:
"Section 11. One-time license for certain organizations to play bingo. Notwithstanding the other provisions of this Act, the Director upon written application shall be authorized to issue a one-time license to a nonprofit tax exempt school which will allow it to operate a bingo game one day annually, shall have the power in such cases to waive the license fee provided for in Section 3, in such cases waive the annual report provided for in Section 6 and otherwise promulgate rules and regulations to carry out the provisions of this Section."

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Section 12. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 13. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

EVIDENCE r4g DEPOSITIONS IN CRIMINAL CASES.
Code Title 38 Amended.
No. 885 (House Bill No. 1150).
AN ACT
To amend Code Title 38, relating to evidence, as amended, so as to provide for the taking and use of depositions in certain criminal proceedings; to provide for notice; to provide for counsel; to provide for costs; to provide for filing and examination; to provide for admissibility; to provide for objections; to provide the procedures connected with the foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Title 38, relating to evidence, as amended, is hereby amended by inserting, following Code Chapter 38-13, a new Code Chapter, to be designated Code Chapter 38-13A, to read as follows:
"CHAPTER 38-13A DEPOSITIONS TO PRESERVE TESTIMONY
IN CRIMINAL PROCEEDINGS
38-1301A. (a) At any time after the filing of an indictment, special presentment, or accusation, the court may upon motion of a

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party and after notice to the parties order that the testimony of a prospective witness of a party be taken by deposition and that any designated book, paper, document, record, recording, or other material not privileged be produced at the same time and place. The court shall not order the taking of the witness's testimony unless it appears to the satisfaction of the court that the witness is in imminent danger of death or that the witness has been threatened with death or great bodily harm because of the witness's status as a potential witness in any criminal trial or proceeding.
(b) The party at whose instance a deposition is to be taken shall give to every party reasonable written notice of the time and place for taking the deposition. The notice shall state the name and address of each person to be examined. On motion of a party upon whom the notice is served, the court for cause shown may extend or shorten the time or change the place for taking the deposition. The officer having custody of a defendant shall be notified of the time and place set for the examination and shall produce him at the examination and keep him in the presence of the witness during the examination. A defendant not in custody shall have the right to be present at the examination; but his failure, absent good cause shown, to appear after notice and tender of expenses shall constitute a waiver of that right and of any objection to the taking and use of the deposition based upon that right.
(c) If a defendant is without counsel, the court shall advise him of his rights and assign counsel to represent him unless the defendant elects to proceed without counsel or is able to obtain counsel of his own choice. Whenever a deposition is taken at the instance of the State, the cost of any such deposition shall be paid out of such funds as are available to meet the costs of prosecution which are the responsibility of the State to meet. Depositions taken at the instance of a defendant shall be paid for by the defendant; provided, however, that whenever a deposition is taken at the instance of a defendant who is unable to bear the expense of the taking of the deposition, the court shall direct that the reasonable expenses of travel and subsistence of the defendant and his attorney for attendance at the examination be paid for out of the fine and forfeiture fund of the county where venue is laid.
(d) A deposition shall be taken and filed in the manner provided in civil actions, provided that (1) in no event shall a deposition

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be taken of a party defendant without his consent, and (2) the scope of examination and cross-examination shall be such as would be allowed in the trial itself. On request or waiver by the defendant the court may direct that a deposition be taken on written interrogatories in the manner provided in civil actions. Such request shall constitute a waiver of any objection to the taking and use of the deposition based upon its being so taken.
(e) The State shall make available to the defendant for his examination and use at the taking of the deposition any statement of the witness being deposed which is in the possession of the State and which the State would be required to make available to the defendant if the witness were testifying at the trial.
(f) At the trial or upon any hearing, a part or all of a deposition, so far as otherwise admissible under the rules of evidence, may be used if it appears that the witness is dead. Any deposition may also be used by any party for the purpose of contradicting or impeaching the testimony of the deponent as a witness. If only a part of a deposition is offered in evidence by a party, an adverse party may require him to offer all of it which is relevant to the part offered and any party may offer other parts.
(g) Objections to receiving in evidence a deposition or part thereof may be made as provided in civil actions.
(h) Any party shall have the right to require that the deposition be recorded and preserved by the use of audio-visual equipment."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

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GEORGIA PUBLIC SAFETY TRAINING CENTER ACT.
No. 886 (House Bill No. 1151).
AN ACT
To provide for a Georgia Public Safety Training Center; to provide for a short title; to provide that the Board of Public Safety shall have authority over the Georgia Public Safety Training Center; to provide for administration and funds; to provide for use of the center; to provide for intent; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Short title. This Act shall be known as and may be cited as the "Georgia Public Safety Training Center Act."
Section 2. Duties, power, and authority of the board. The Board of Public Safety is hereby authorized and empowered to establish, operate, and maintain the Georgia Public Safety Training Center for the purpose of providing facilities and programs for the training of state and local law enforcement officers, firefighters, correctional personnel, and others as hereinafter provided. The board is hereby authorized and empowered to do all things and take whatever action necessary to accomplish the above including,'but not limited to, the promulgation of rules and regulations relative thereto. The board is hereby authorized and directed to select a site for the center. The board shall select the administrator of the center and establish the compensation for the administrator.
Section 3. Administrator of the Georgia Public Safety Training Center. The administrator of the Georgia Public Safety Training Center shall select the necessary staff and shall administer the policies and programs of the board regarding the Georgia Public Safety Training Center. The administrator shall be responsible to the board for the management and operation of the Georgia Public Safety Training Center and shall report directly to the board.
Section 4. Administration and funds, (a) The center is assigned to the Department of Public Safety for administrative purposes only as prescribed in Section 3 of the "Executive Reorganization Act of 1972."

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(b) The board is hereby authorized to solicit and accept gifts, grants, and donations for the purposes of carrying out the provisions of this Act. The board is also authorized to accept property, both real and personal, and services for the purpose of carrying out the provisions of this Act.
Section 5. Use of facility. Subject to such rules and regulations as shall be prescribed by the board, the facilities of the center may be made available to all state and local law enforcement officers, firefighters, and correctional personnel and may also be made available to other persons who evidence interest in entering the fields of law enforcement, fire fighting, Qr corrections. The board is hereby authorized to prescribe and collect such fees as are necessary to defray all or a portion of the cost of furnishing such training and the use of the facilities of the center 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 shall have the authority to determine who shall be allowed to enroll and participate in the facilities and training programs of the center.
Section 6. Nothing in this Act shall be considered as altering current state laws establishing powers and authority of the Board of Offender Rehabilitation or the State Board of Pardons and Paroles.
Section 7. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 8. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

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GEORGIA FIRE ACADEMY ACT AMENDED.
No. 887 (House Bill No. 1152).
AN ACT
To amend the "Georgia Fire Academy Act," approved April 7, 1976 (Ga. Laws 1976, p. 1725), so as to provide that the Board of Public Safety shall have authority over the Georgia Fire Academy; to abolish the Georgia Fire Academy Board; to provide that the Superintendent of the Georgia Fire Academy shall be selected by the Board of Public Safety; to provide that the academy shall be attached to the Department of Public Safety for administrative purposes only; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The "Georgia Fire Academy Act," approved April 7, 1976 (Ga. Laws 1976, p. 1725), is hereby amended by striking in its entirety Section 3 and substituting in lieu thereof a new Section 3 to read as follows:
"Section 3. Effective July 1, 1980, the Georgia Fire Academy Board is abolished. Thereafter, any reference to the Georgia Fire Academy Board shall be deemed to refer to and mean the Board of Public Safety."
Section 2. Said Act is further amended by striking in its entirety subsection (a) of Section 4 and substituting in lieu thereof the following:
"(a) The Board of Public Safety is hereby authorized and empowered to establish, operate, and maintain the Georgia Fire Academy for the purposes enumerated in Section 2 of this Act. The Board is hereby authorized and empowered to do all things and take whatever action necessary to accomplish these purposes including, but not limited to, the establishment and conduct of training programs and the promulgation of rules and regulations relative thereto. The Board shall select the Superintendent of the Academy and fix the compensation for the Superintendent."

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

GEORGIA CONTROLLED SUBSTANCES ACT AMENDED.
Code Section 79A-811 Amended.
No. 888 (House Bill No. 1155).
AN ACT
To amend Code Section 79A-811, as amended, relating to acts prohibited under the Georgia Controlled Substances Act, so as to create certain additional crimes; to prescribe mandatory minimum terms of imprisonment for certain violations thereof; to provide procedures connected with the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 79A-811, as amended, relating to acts prohibited under the Georgia Controlled Substances Act, is hereby amended by striking in its entirety said section and substituting in lieu thereof a new Code Section 79A-811 to read as follows:
"79A-811. Prohibited acts, (a) Except as authorized by this Chapter, it is unlawful for any person to possess or have under his control any controlled substance.
(b) Except as authorized by this Chapter, it is unlawful for any person to manufacture, deliver, distribute, dispense, administer, sell or possess with intent to distribute any controlled substance.

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(c) Except as hereinafter provided otherwise, any person who violates Section 79A-811(a) with respect to a controlled substance in Schedule I or narcotic drugs in Schedule II shall be guilty of a felony and shall be punished by imprisonment for not less than two years nor more than 15 years. Upon conviction of a second or subsequent offense he shall be imprisoned for not less than five years nor more than 30 years.
(d) Except as hereinafter provided otherwise, any person who violates Section 79A-811 (b) with respect to a controlled substance in Schedule I or narcotic drugs in Schedule II shall be guilty of a felony and shall be punished by imprisonment for not less than five years nor more than 30 years. Upon conviction of a second or subsequent offense he shall be imprisoned for life.
(e) Any person who violates Section 79A-811(a) with respect to a controlled substance in Schedule II, other than a narcotic drug, shall be guilty of a felony and shall be punished by imprisonment for not less than two years nor more than 15 years. Upon conviction of a second or subsequent offense he shall be guilty of a felony and shall be punished by imprisonment for not less than five years nor more than 30 years.
(f) Any person who violates Section 79A-811(b) with respect to a controlled substance in Schedule II, other than a narcotic drug, shall be guilty of a felony and shall be punished by imprisonment for not less than five years nor more than 30 years.
(g) Any person who violates Section 79A-811(a) with respect to a controlled substance in Schedule III, IV or Schedule V shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than five years. Upon conviction of a second or subsequent offense he shall be imprisoned for not less than one year nor more than ten years.
(h) Any person who violates Section 79A-811(b) with respect to a controlled substance in Schedule III, IV or Schedule V shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than ten years.
(i) Except as authorized by this Chapter, it is unlawful for any person to possess, have under his control, manufacture, deliver, dis-

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tribute, dispense, administer, sell or possess with intent to distribute a counterfeit substance. Any person who violates this subsection shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than ten years.
(j) Any person who knowingly sells, manufactures, delivers, or brings into this State, or who is knowingly in actual possession of, 28 grams or more of cocaine or of any mixture containing cocaine, as described in Schedule II, in violation of this Chapter, shall be guilty of the felony of `Trafficking in Cocaine.' If the quantity of the cocaine or mixture involved:
(1) Is 28 grams or more, but less than 200 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of five years and to pay a fine of $50,000.
(2) Is 200 grams or more, but less than 400 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of seven years and to pay a fine of $ 100,000.
(3) Is 400 grams or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and to pay a fine of $250,000.
(k) Any person who knowingly sells, manufactures, delivers, or brings into this State, or who is knowingly in actual possession of, four grams or more of any morphine, opium, or any salt, isomer, or salt of an isomer thereof, including heroin, as described in Schedule I and Schedule II, or four grams or more of any mixture containing any such substance, in violation of this Chapter, shall be guilty of the felony of `Trafficking in Illegal Drugs.' If the quantity of such substances involved:
(1) Is four grams or more, but less than 14 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of five years and to pay a fine of $50,000.
(2) Is 14 grams or more, but less than 28 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of ten years and to pay a fine of $ 100,000.

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(3) Is 28 grams or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and to pay a fine of $500,000.
(l) Marijuana. (1) It is unlawful for any person to possess, have under his control, manufacture, deliver, distribute, dispense, administer, sell, or possess with intent to distribute marijuana.
(2) Except as otherwise provided in this subsection or as provided in Section 79A-9917, any person who violates this subsection shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than ten years.
(3) Any person who knowingly sells, manufactures, grows, delivers, or brings into this State, or who is knowingly in actual possession of, in excess of 100 pounds of marijuana shall be guilty of the felony of `Trafficking in Marijuana.' If the quantity of marijuana involved:
(a) Is in excess of 100 pounds, but less than 2,000 pounds, such person shall be sentenced to a mandatory minimum term of imprisonment of five years and to pay a fine of $25,000.
(b) Is 2,000 pounds or more, but less than 10,000 pounds, such person shall be sentenced to a mandatory minimum term of imprisonment of seven years and to pay a fine of $50,000.
(c) Is 10,000 pounds or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and to pay a fine of $200,000.
(m) Notwithstanding the provisions of Section 79A-9917, with respect to any person who is found to have violated Section 79A811 (j), Section 79A-811 (k), or Section 79A-811(1 )(3), adjudication of guilt or imposition of sentence shall not be suspended, probated, deferred, or withheld prior to serving the mandatory minimum term of imprisonment prescribed by this Section."

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Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

GEORGIA PUBLIC REVENUE CODE AMENDED.
Code Chapter 91A-99 Amended.
No. 889 (House Bill No. 42).
AN ACT
To amend Code Chapter 91A-99, relating to crimes under the "Georgia Public Revenue Code," so as to provide a penalty for the failure to display a mobile home location decal; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Chapter 91A-99, relating to crimes under the "Georgia Public Revenue Code," is hereby amended by adding at the end thereof a new Code Section 91A-9945 to read as follows:
"91A-9945. Mobile home decal; penalty for failure to display, (a) It shall be unlawful to fail to attach and display on a mobile home the decal as required in Section 91A-1924.
(b) Any person violating the provisions of this Section shall be guilty of a misdemeanor and, upon conviction of the violation, shall be punished by a fine of not less than $25.00 or more than $200.00 except that, upon receipt of proof of purchase of a decal prior to the date of the issuance of the summons, the fine shall be $25.00."

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Section 2. This Act shall become effective January 1, 1981.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

ELECTIONS 4) PLACEMENT OF NAMES ON VOTING MACHINES.
Code Section 34-1208 Amended.
No. 890 (House Bill No. 51).
AN ACT
To amend Code Section 34-1208, relating to the form of ballots on voting machines, so as to require that the name of all candidates for the same office shall appear within the same vertical lines on voting machines on which the titles of offices are arranged horizontally; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 34-1208, relating to the form of ballots on voting machines, is hereby amended by adding at the end of subsection (g) of Code Section 34-1208 the following:
"When voting machines are used on which the titles of offices are arranged horizontally, the names of all candidates for the same office shall appear within the same vertical lines.",
so that when so amended, said subsection (g) of Code Section 341208 shall read as follows:

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"(g) The names of all candidates of a party or body shall appear in the same row or column, and no other names shall appear in the same row or column, to the left or top of which shall be a straight party or body lever by means of which an elector may, in one operation, vote for all the candidates of that party or body for every office to be voted for, with the exception of candidates for the offices of presidential electors. The names of such candidates and independent candidates shall be arranged under or opposite the title of the office for which they are candidates and shall appear in the order prescribed by subsection (c) and the second sentence of subsection (d) of Section 34-1103. The rows or columns occupied by the candidates of political parties and bodies shall be arranged according to the priority prescribed by Section 34-1103(c). When voting machines are used on which the titles of offices are arranged horizontally, the names of all candidates for the same office shall appear within the same vertical lines."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

MARRIAGE LICENSES - NOTIFICATION OF PARENTS IN CERTAIN CIRCUMSTANCES.
Code Chapter 53-2 Amended.
No. 891 (House Bill No. 112).
AN ACT
To amend Code Chapter 53-2, relating to marriage licenses, as amended, so as to require the judge of the probate court to notify the parents of certain applicants for marriage licenses; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia:
Section 1. Code Chapter 53-2, relating to marriage licenses, as amended, is hereby amended by adding between Code Sections 53206 and 53-208 a new Code Section 53-207 to read as follows:
"53-207. Notification of parents. The judge of the probate court shall be required, in all cases where parental consent is not required under Code Sections 53-102, 53-204 and 53-206, to notify the parents of any male or female seventeen years of age or younger who applies for a marriage license. The parents shall be notified immediately, by first class mail, at their last known address. In license applications which require notification of parents under this Code Section, the judge of the probate court shall collect an additional fee of $ 1.00 which shall be in addition to any other fee authorized by law."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

WITNESS FEES TO LAW ENFORCEMENT OFFICERS IN CERTAIN CIRCUMSTANCES.
No. 892 (House Bill No. 116).
AN ACT
To amend an Act revising comprehensively the laws relating to subpoenas and other like processes, approved March 15, 1966 (Ga. Laws 1966, p. 502), as amended, so as to provide for the payment of fees to certain law enforcement officers attending hearings or inquests held or called by coroners or attending small claims courts involving criminal matters; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia:
Section 1. An Act revising comprehensively the laws relating to subpoenas and other like processes, approved March 15, 1966 (Ga. Laws 1966, p. 502), as amended, is hereby amended by adding in the first subsection (h) of Section 1, immediately following the words "grand jury", the following:
", or hearing or inquest held or called by a coroner, or small claims court involving any criminal matter",
so that when so amended, the first subsection (h) of said Section shall read as follows:
"(h) Notwithstanding any other provision in this Act, any member of the Georgia State Patrol, Georgia Bureau of Investigation, municipal or county police force or any deputy sheriff, who shall be required by writ of subpoena to attend any superior court, other courts having jurisdiction to enforce the penal laws of this State, municipal or police court having jurisdiction to enforce the penal laws of this State as provided by Section 1 of an Act approved February 16, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 558), juvenile court, or grand jury, or hearing or inquest held or called by a coroner, or small claims court involving any criminal matter, as a witness on behalf of the State during any hours except the regular duty hours to which said officer is assigned shall be paid for such attendance at a rate fixed by the court but not less than the per diem paid grand jurors in the preceding term of the superior court of such county but not in excess of $12.00 per diem. The claim for such witness fees shall be endorsed on the subpoena showing the dates of attendance and stating that attendance was required during the hours other than the regular duty hours to which the claimant was assigned, and the claimant shall verify this statement. The dates of attendance shall be certified by the judge, the district attorney or the solicitor of the court attended. The Director of the Georgia Bureau of Investigation, commanding officer of the State Patrol, the chief of police or sheriff shall certify that the claimant has been paid no additional compensation or given any time off on account of such service, and the amount due shall be paid by the governing body authorized to dispense public funds for the operating of such court. Provided, however, that no such officer may claim or receive more than one witness fee per day for attendance in any court or

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before the grand jury regardless of the number of subpoenas which such officer may have received, requiring him to appear in such court or before the grand jury on any one day."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

DUTIES OF JUSTICES OF THE PEACE.
Code Section 24-601 Amended.
No. 893 (House Bill No. 169).
AN ACT
To amend Code Section 24-601, relative to the enumeration of duties of justices of the peace, so as to delete the requirement that justices of the peace shall make a list of names of all persons not on the tax digest; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 24-601, relative to the enumeration of duties of justices of the peace, is hereby amended by deleting paragraph 11 of said Section in its entirety, and by redesignating paragraph 12 of Code Section 24-601 as paragraph 11, so that when so amended Code Section 24-601 shall read as follows:
"24-601. Enumeration of duties in general.--Justices of the peace have authority, and it is their duty:
1. To select some central and convenient place in their respective districts at which to hold their courts, of which they shall give ample public notice, and also to keep their offices within said districts; but in towns or cities which embrace more than one district,

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they may hold their courts and keep their offices at some central and convenient place within the limits of said town or cities.
2. To fine not more than $5 or imprison not more than five hours, any person guilty of a contempt of court, and to pay the fine to the county treasurer or depository, as the case may be, for county purposes.
3. To issue attachments returnable to their own, and, in certain cases, to the superior court of the county.
4. To issue all process necessary to maintain their jurisdiction and enforce their authority under the sanction of law.
5. To administer oaths and take affidavits, unless the power is expressly restricted to some other officer, and to take the acknowledgment or probate of any conveyances required to be recorded.
6. To keep a docket of all causes brought before them, in which must be entered the names of the parties, the returns of the officer, and the entry of the judgment, specifying its amount and the day of its rendition.
7. To carefully file away and label all papers appertaining to any cause, and all fi. fas. and other process returned, after being satisfied, entered `nulla bona,' or having otherwise discharged their functions.
8. To attend the superior courts and probate courts of their counties, whenever required, with such docket or papers of file.
9. To establish, when lost, in the manner prescribed by law, any paper appertaining to any suit or other proceeding in their respective courts.
10. To answer interrogatories from courts of other counties, as to the contents or condition of any of the dockets, files, or papers of their office, and to attach thereto copies of such, when such interrogatories are propounded and such copies required.
11. To perform such other duties as are or may, be required by law or which necessarily appertain to their office."

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

UNIFORM COMMERCIAL CODE - SECURED TRANSACTIONS.
Code Title 109A Amended.
No. 894 (House Bill No. 180).
AN ACT
To amend Code Chapter 109A-1 (Revised), relating to secured transactions, sales of accounts and chattel paper, and known as the "Uniform Commercial Code - Secured Transactions," as amended, particularly by an Act approved March 24, 1978 (Ga. Laws 1978, p. 1081), so as to correct the designation of the Chapter number; to provide for the time at which a security interest is perfected; to provide for continuity of perfection; to correct certain references and cross-references; to make clear that certain financing statements must be indexed in the real estate records; to correct a date in the definition of "old Article 9"; to provide that this Act shall be declaratory of existing law; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Chapter 109A-1 (Revised), relating to secured transactions, sales of accounts and chattel paper, and known as the "Uniform Commercial Code - Secured Transactions," as amended, particularly by an Act approved March 24, 1978 (Ga. Laws 1978, p. 1081), is hereby amended by striking the numbers, letter and hyphen " 109A-1" in the caption of said Code Chapter and substituting in lieu thereof the following:

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" 109A-9",
so that the caption of said Code Chapter, when so amended, shall read as follows:
"CHAPTER 109A-9 (Revised) ARTICLE 9 (Revised)
SECURED TRANSACTIONS; SALES OF ACCOUNTS AND CHATTEL PAPER".
Section 2. Said Code Chapter is further amended by adding, following Code Section 109A-9-302, a new Code Section 109A-9303, to read as follows:
" 109A-9-303. When Security Interest is Perfected; Continuity of Perfection.
(1) A security interest is perfected when it has attached and when all of the applicable steps required for perfection have been taken. Such steps are specified in Sections 109A-9-302, 109A-9-304, 109A-9-305 and 109A-9-306. If such steps are taken before the security interest attaches, it is perfected at the time when it attaches.
(2) If a security interest is originally perfected in any way per^ mitted under this Article and is subsequently perfected in some other way under this Article, without an intermediate period when it was unperfected, the security interest shall be deemed to be perfected continuously for the purposes of this Article."
Section 3. Said Code Chapter is further amended by striking the cross-reference "subsection (9) of 109A-9-201" in subsection (1) of Code Section 109A-9-307 and substituting in lieu thereof the crossreference "subsection (9) of 109A-1-201", so that subsection (1) of Code Section 109A-9-307, when so amended, shall read as follows:
"(1) A buyer in ordinary course of business (subsection (9) of 109A-1-201) other than a person buying farm products from a person engaged in farming operations takes free of a security interest created by his seller even though the security interest is perfected and even though the buyer knows of its existence."

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Section 4. Said Code Chapter is further amended by striking the reference "subsection (5) of Section 109A-9-403" in paragraph (b) of subsection (1) of Code Section 109A-9-313 and substituting in lieu thereof the reference "subsection (5) of Section 109A-9-402", so that paragraph (b) of subsection (1) of Code Section 109A-9-313, when so amended, shall read as follows:

"(b) a `fixture filing' is the filing in the office where a mortgage on the real estate would be filed or recorded of a financing statement covering goods which are or are to become fixtures and conforming to the requirements of subsection (5) of Section 109A-9402."

Section 5. Said Code Chapter is further amended by striking the word "filed" in subsections (3) and (5) of Code Section 109A-9-402 and substituting in lieu thereof the word "indexed", so that subsections (3) and (5) of Code Section 109A-9-402, when so amended, shall read as follows:

"(3) A form substantially as follows is sufficient to comply with subsection (1):

Name of debtor (or assignor) Address Name of secured party (or assignee) Address

1. This financing statement covers the following types (or items) of property:

(Describe)

2. For financing statements to be indexed in the real estate records:

(use whichever applicable to collateral involved)

The above crops are growing or are to be grown on: (Describe Real Estate)

The above goods are or are to become fixtures on: (Describe Real Estate)

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GENERAL ACTS AND RESOLUTIONS, VOL. I

The above minerals or the like (including oil and gas) or accounts will be financed at the wellhead or minehead of the well or mine on: (Describe Real Estate)

And this financing statement is to be indexed in the real estate

records.

(if the debtor

The name of the record owner or record

does not have an interest ot

lessee of the real estate is

record in the

real estate)

3. (If products of collateral are claimed) Products of the collateral are also covered.

(use whichever is applicable)

Signature of debtor (or assignor)

Signature of secured party (or assignee)

(5) A financing statement covering crops growing or to be grown, or minerals or the like (including oil and gas) or accounts subject to subsection (5) of Section 109A-9-103, or a financing statement indexed as a fixture filing (Section I09A-9-313) must show that it covers this type of collateral, must recite that it is to be indexed in the real estate records, and the financing statement must contain a description of the real estate. If the debtor does not have an interest of record in the real estate^ the financing statement must show the name of the record owner or record lessee."
Section 6. Said Code Chapter is further amended by striking from subsection (2) of Code Section 109A-9-403, the following:
"(c)",
and inserting in lieu thereof the following:
"(6)",

GEORGIA LAWS 1980 SESSION

447

so that when so amended subsection (2) of Code Section 109A-9-403 shall read as follows:
"(2) Except as provided in subsection (6) a filed financing statement is effective for a period of five years from the date of filing. The effectiveness of a filed financing statement lapses on the expiration of the five-year period unless a continuation statement is filed prior to the lapse. If a security interest perfected by filing exists at the time insolvency proceedings are commenced by or against the debtor, the security interest remains perfected until termination of the insolvency proceedings and thereafter for a period of 60 days or until expiration of the five-year period, whichever occurs later. Upon lapse the security interest becomes unperfected, unless it is perfected without filing. If the security interest becomes unperfected upon lapse, it is deemed to have been unperfected as against a person who became a purchaser or lien creditor before lapse."
Section 7. Said Code Chapter is further amended by striking the figure "1977" in paragraph (a) of subsection (2) of Code Section 109A-11-101 and substituting in lieu thereof the figure "1978", so that paragraph (a) of subsection (2) of Code Section 109A-11-101, when so amended, shall read as follows:
"(a) `old Article 9' means Sections 109A-1-105, 109A-1-201(9), 109A-1-201(37), 109A-2-107, 109A-5-116 and Chapter 109A-9 of the Code of Georgia, Uniform Commercial Code, as they are in effect on June 30, 1978, immediately prior to the effective date of this Act."
Section 8. This Act shall be deemed to be declaratory of existing law.
Section 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 10. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

ADEQUATE PROGRAM FOR EDUCATION IN GEORGIA ACT AMENDED.
No. 895 (House Bill No. 184).
AN ACT
To amend an Act known as the "Adequate Program for Education in Georgia Act," approved March 26, 1974 (Ga. Laws 1974, p. 1045), as amended, particularly by an Act approved March 24, 1978 (Ga. 1978, p. 1146), so as to change certain provisions relative to requirements for substitute teachers; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act known as the "Adequate Program for Education in Georgia Act," approved March 26, 1974 (Ga. Laws 1974, p. 1045), as amended, particularly by an Act approved March 24, 1978 (Ga. Laws 1978, p. 1146), is hereby amended by striking from Section 55A the following:
"1/180",
and inserting in lieu thereof the following:
"1/190",
so that when so amended Section 55A shall read as follows:
"Section 55A. Requirements for Substitute Teachers. As a condition for receiving funds under the provisions of this Act, it shall be the duty of each local unit of administration to employ and utilize the services of substitutes for teachers in grades one through seven who are absent for a period of 10 or more consecutive days, or who are likely to be absent for a period of 10 or more consecutive days, under the provisions of this Section. If a teacher who is assigned to teach students in grades one through seven is absent from school for a period of 10 or more consecutive days or if it appears to the principal of such school that a teacher will be absent for a period of 10 or more consecutive days, it shall be the duty of the local unit of administration to employ a substitute for such teacher who possesses

GEORGIA LAWS 1980 SESSION

449

a valid teaching certificate issued by the State Board of Education. If a person holding a valid teaching certificate is not available to serve as a substitute for a teacher who is absent, the local unit of administration is hereby authorized to employ a person as a substitute teacher provided that such person so employed shall be the person who most closely meets the requirements for certification as a teacher and who is available to serve as a substitute. It shall be the duty of the State Board of Education to promulgate and adopt rules, regulations and policies establishing classes or categories of persons, in order of descending priority, who most closely meet requirements for certification within the State of Georgia. In the event that any local unit of administration employs a substitute for a teacher in violation of the provisions of this Section, it shall be the duty of the State Board of Education to withhold from such local unit of administration a sum of State funds equal to 1/190 of the amount of State funds which would otherwise be payable to the local unit of administration on behalf of the teacher who is absent, multiplied by the number of days that such unqualified substitute is employed by the local unit of administration. The provisions of this Section shall not apply to the employment of substitutes for teachers of art, physical education or music. Nothing herein contained shall prevent the local board or local school superintendent from refusing to employ as a substitute teacher one who, in the discretion of the board, would be detrimental to the education of the students covered by this Act."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

1S

450

GENERAL ACTS AND RESOLUTIONS, VOL. I

ADEQUATE PROGRAM FOR EDUCATION IN GEORGIA ACT AMENDED.
No. 896 (House Bill No. 195).
AN ACT
To amend an Act known as the "Adequate Program for Education in Georgia Act," approved March 26, 1974 (Ga. Laws 1974, p. 1045), as amended, so as to change certain provisions relative to the length of the public school year; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act known as the "Adequate Program for Education in Georgia Act," approved March 26, 1974 (Ga. Laws 1974, p. 1045), as amended, is hereby amended by striking in its entirety subsection (a) of Section 58 thereof and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) (1) Except as otherwise provided in this Section, public elementary and secondary schools of this State receiving State aid under the provisions of this Act shall be operated so as to provide that each eligible student has access to no less than 180 school days of education. The State Board of Education shall define the 180 days of education and the length of school day within each fiscal school year.
(2) In the event that at the end of the last complete week of the school year two or fewer days remain for completion of the regular 180 day school year, a local board of education is not required to continue school into the following week if the additional days otherwise needed are the result of days when school was closed due to emergency, disaster, act of God, civil disturbance, or shortage of vital or critical material, supplies, or fuel. In any such case, the school year applicable to that local board of education may terminate, in the discretion of the local board, at the end of the last school day of the last complete week of the school year otherwise provided for in this Section. Nothing in this paragraph shall be construed to relieve certified personnel from their obligations to work the number of days specified in their employment contracts.

GEORGIA LAWS 1980 SESSION

451

(3) Each fiscal school year shall begin on the first day of July and end on the thirtieth day of June of the following year."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

OFFICE OF COMMISSIONER OF THE POOR ABOLISHED.
Code Chapter 23-22 Repealed.
No. 897 (House Bill No. 253).
AN ACT
To repeal Code Chapter 23-22, relating to the Commissioner of the Poor and the duties of the Commissioner of the Poor; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Chapter 23-22, relating to the Commissioner of the Poor and the duties of the Commissioner of the Poor, is hereby repealed in its entirety.
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

452

GENERAL ACTS AND RESOLUTIONS, VOL. I

CRIMINAL PROCEDURE - TRIALS ON ACCUSATIONS, ETC.
Code Chapter 27-7 Amended.
No. 898 (House Bill No. 273).
AN ACT
To amend Code Chapter 27-7, relating to indictments, presentments, and accusations, as amepded, so as to change the provisions relating to trial and accusation and waiver of indictment; to provide for the trial of misdemeanors upon accusation in the superior, state, or county courts; to provide for the form of accusations; to provide for the amendment of accusations; to provide for other matters relative to the foregoing; to repeal specific Acts; to provide for construction and intention of the General Assembly; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Chapter 27-7, relating to indictments, presentments, and accusations, as amended, is hereby amended by inserting in Code Section 27-704 between the word "jail" and the word "pending" the following: ", or released on bond," and by striking from said Section, in its entirety, the last sentence thereof which reads as follows:
"In all misdemeanor cases which may be prosecuted in superior court, the District Attorney shall have authority, with or without the consent of the defendant, to prefer accusations, indictment by a grand jury not being required in misdemeanor cases.",
so that when so amended Code Section 27-704 shall read as follows:
"27-704. Trial on accusation; waiver of indictmentp-In all felony cases, other than capital felonies, in which the defendants have been bound over to the superior court, or are confined in jail, or released on bond, pending commitment trial, or are in jail, having waived commitment trial, the prosecuting officers of such court shall have authority to prefer accusations, and such parties shall be tried on such accusations: Provided, that parties going to

GEORGIA LAWS 1980 SESSION

453

trial under such accusations shall in writing waive indictment by a grand jury. Judges of the superior court may open their courts at any time without the presence of either grand jury or traverse jury to receive and act upon pleas of guilty in misdemeanor cases, and in felony cases except those punishable by death or life imprisonment, when the judge and the accused consent thereto. The judge may try the issues in such cases without a jury upon an accusation filed by the prosecuting officer where the accused has waived indictment and consented thereto in writing and counsel is present in court representing such defendant either by virtue of his employment or by appointment by the court."

Section 2. Said Code Chapter is further amended by adding at the end thereof a new Code Section to be designated Code Section 27-705 and to read as follows:

"27-705. Trial of misdemeanors upon accusations; form of accusations; amendment, (a) In all misdemeanor cases in superior, state, or county courts, the defendant may be tried upon an accusation framed and signed by the prosecuting attorney of such court. The accusation need not be supported by an affidavit except in those cases where the defendant has not been previously arrested in conjunction with the transaction charged in the accusation and the accusation is to be used as the basis for the issuance of a warrant for the arrest of the defendant.

(b) In all misdemeanor cases arising out of violations of the traffic laws of this State, the defendant may be tried upon the uniform traffic citation and complaints prescribed by an Act approved April 6, 1972 (Ga. Laws 1972, p. 1148).

(c) Every accusation shall be deemed sufficiently technical and correct which states the offense in the terms and language of the law or so plainly that the nature of the offense charged may be easily understood by the jury. An accusation substantially complying with the following form shall in all cases be sufficient:

`In the

Court County, Georgia

On behalf of the people of the State of Georgia, the undersigned, as prosecuting attorney for the county and state afore-

454

GENERAL ACTS AND RESOLUTIONS, VOL. I

said, does hereby charge and accuse A. B. with the offense of ; for that the said A. B. (here state the offense,
and the time and place it occurred, with sufficient certainty), contrary to the laws of this State, the good order, peace, and dignity thereof.
Is/ (District Attorney) (Solicitor)'
If there should be more than one count, each additional count shall commence:
`The undersigned as prosecuting attorney, does further charge and accuse the said A. B. with the offense of
(here state the offense as before) for that . . . .' Etc.
(d) Prior to trial, the prosecuting attorney may amend the accusation to allege, or to change the allegations regarding any offense arising out of the same conduct of the defendant which gave rise to any offense alleged or attempted to be alleged in the original accusation. A copy of any such amendment shall be served upon the defendant or his counsel and the original filed with the clerk of court. On motion, the court shall grant the defendant a continuance which is reasonably necessitated by an amendment."
Section 3. (a) An Act entitled: "An Act to provide that in misdemeanor cases in which the defendant is charged with the offense of bastardy, wife-beating, or abandonment, trial may be had in all superior courts of this State upon accusation unless the defendant Shall in writing prior to his plea demand indictment by a grand jury.", approved February 27;'1956 (Ga. Laws 1956, p. 337), is hereby repealed in its entirety.
(b) An Act entitled: "An Act to require all defendants in misdemeanor cases, in counties having a population of not less than 8,500 and not more than 9,000 according to the census of the United States for 1940, or any future census, to be bound over to the County or City Courts for trial; to provide that indictments may not be demanded in such courts; and for other purposes.", approved March 27, 1941 (Ga. Laws 1941, p. 466), is hereby repealed in its entirety.

GEORGIA LAWS 1980 SESSION

455

Section 4. The provisions of this Act shall not be construed so as to affect the validity of any prosecution commenced on or before the effective date of this Act upon an accusation or information drawn in accordance with the laws of this State or the rules of common law which were in effect prior to the effective date of this Act, and to such extent any such accusation or information shall not be subject to demurrer. The General Assembly hereby declares that it is the intent of the legislature that the district attorneys and solicitors of this State be permitted to exhaust any supplies of such accusations or informations which may exist on the effective date of this Act.
Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

SUPERIOR COURT JUDGES' LAW CLERKS.
No. 899 (House Bill No. 274).
AN ACT
To amend an Act fixing the salaries of the judges of the superior courts, approved March 7, 1957 (Ga. Laws 1957, p. 273), as amended, so as to authorize judges of the superior courts to employ one law clerk per judicial circuit; to provide for the compensation, appointment, qualifications, duties, powers and authority of such law clerks; to authorize counties within a judicial circuit to supplement the compensation of law clerks; to provide for practices and procedures; to amend an Act relating to a health insurance plan for State employees, approved March 16, 1961 (Ga. Laws 1961, p. 147), as amended, so as to change the definition of the term "employee" to include law clerks employed by judges of the supe-

456

GENERAL ACTS AND RESOLUTIONS, VOL. I

rior courts; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act fixing the salaries of the judges of the superior courts, approved March 7, 1957 (Ga. Laws 1957, p. 273), as amended, so as to authorize the employment of one law clerk for each judicial circuit; to provide for the compensation, appointment, qualifications, duties, powers and authority of such law clerks; to authorize counties within a judicial circuit to supplement the compensation of law clerks; to provide for practices and procedures; to amend an Act relating to a health insurance plan for State employees, approved March 16, 1961 (Ga. Laws 1961, p. 147), as amended, is hereby amended by adding, following Section IE, a new Section IF, to read as follows:
"Section IF. The presiding judge of each judicial circuit is hereby authorized to employ one law clerk for the circuit. Each law clerk so employed shall be an employee of the judicial branch of State government and shall be in the unclassified service of the State Merit System of Personnel Administration. Said law clerk shall be compensated in an amount as set forth by this Act. An amount not to exceed $14,500 per annum for the salary of the law clerk as herein provided and fixed shall be paid in equal monthly installments from State funds appropriated or otherwise made available for the operation of the superior courts. Effective July 1, 1980, the maximum figure hereinbefore provided for such law clerks' salaries which are to be paid from State funds shall be increased in the same manner, effective on the same date, as may be appropriated for any across-the-board increase for members of the classified service of the State Merit System of Personnel Administration, provided that funds are appropriated to fund such increase. Any person to be employed as a law clerk must be a member of the State Bar of Georgia or must be eligible to take the State Bar Examination and must possess such additional qualifications as shall be determined by the judge employing such law clerk. Each law clerk shall serve at the pleasure of the presiding judge of the circuit employing the clerk. Each law clerk shall perform such duties and services as shall be prescribed by the judge."

GEORGIA LAWS 1980 SESSION

457

Section 2. Said Act is further amended by adding, following Section IF, a new Section 1G, to read as follows:
"Section 1G. Any provision of law to the contrary notwithstanding, each county within this State is hereby authorized to supplement the compensation of any law clerk employed under the provisions of this Act."
Section 3. An Act relating to a health insurance plan for State employees, approved March 16, 1961 (Ga. Laws 1961, p. 147), as amended, is hereby amended by striking Section 1 in its entirety and substituting in lieu thereof a new Section 1, to read as follows:
"Section 1. For the purposes of this Act, an employee is defined as a person who works full time for the State and receives his compensation in a direct payment from a department, agency, or institution of the State government, and annuitants who at the time of their retirement met these criteria and draw a monthly benefit from the Employees' Retirement System of Georgia or who is appointed to an emeritus position under the laws of the State of Georgia. The term `employee' shall also include members of the General Assembly, the administrative and clerical personnel of the General Assembly and the district attorneys of the superior courts of Georgia. The term `employee' shall also include secretaries employed by judges of the superior courts and district attorneys and law clerks employed by judges of the superior courts under the provisions of an Act fixing the salaries of the judges of the superior courts, approved March 7, 1957 (Ga. Laws 1957, p. 273), as the same may now or hereafter be amended."
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SENIOR JUDGES OF THE SUPERIOR COURTS ^ SERVICE WHILE NON-RESIDENTS.
No. 900 (House Bill No. 275).
AN ACT
To amend an Act creating the office of judge of the superior courts emeritus (now known as senior judge of the superior courts), approved March 9, 1945 (Ga. Laws 1945, p. 362), as amended, particularly by an Act approved March 24, 1976 (Ga. Laws 1976, p. 586), so as to provide that certain senior judges may become nonresidents of the State under certain circumstances; to provide that senior judges disabled from continuing official duties may become nonresidents of the State under certain circumstances; to prohibit certain senior judges from presiding in the courts of this State under certain circumstances; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the office of judge of the superior courts emeritus (now known as senior judge of the superior courts), approved March 9, 1945 (Ga. Laws 1945, p. 362), as amended, particularly by an Act approved March 24, 1976 (Ga. Laws 1976, p. 586), is hereby amended by adding thereto a new Section 5C, to read as follows:
"Section 5C. Any other provision of law to the contrary notwithstanding, any person who has been appointed to the office of senior judge of the superior courts under the provisions of this Act and who is 65 years of age or older or any person who, after being appointed to the office of senior judge, becomes disabled from continuing his official duties as a senior judge, may become a nonresident of this State and may upon a doctor's order retain his office as a senior judge despite his nonresidence in the State and may continue to receive his retirement salary as a senior judge under this Act. The disability of a senior judge shall be determined under the procedure specified in subsection (2) of Section 10(b) of this Act. No senior judge who is a nonresident of the State shall preside in any court of this State while a nonresident."

GEORGIA LAWS 1980 SESSION

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

REVENUE - ESTIMATED INCOME TAX BY INDIVIDUALS.
Code Section 91A-3915 Amended.
No. 901 (House Bill No. 308).
AN ACT
To amend Code Section 91A-3915, relating to declaration of estimated income tax by individuals, so as to provide an exception with respect to individuals who are required to make a declaration of estimated tax for the current taxable year; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 91A-3915, relating to declaration of estimated income tax by individuals, is hereby amended by striking from subsection (a) thereof the word:
"Every",
and substituting in lieu thereof the following:
"Except as otherwise provided in subsection (e), every",
so that when so amended, subsection (a) of Code Section 91A-3915 shall read as follows:
"(a) Requirement of declaration. Except as otherwise provided in subsection (e), every resident individual and every taxable nonres-

460

GENERAL ACTS AND RESOLUTIONS, VOL. I

ident individual shall make a declaration of his estimated tax for the current taxable year if his gross income can reasonably be expected to:
(1) Include more than $1,000 from sources other than wages as defined in Section 91A-3901 (j); and
(2) Exceed:
(A) $ 1,500 if the individual is single or the individual is married and not living with his spouse or the individual is married and expects to claim only $1,500 of the marital exemption; or
(B) $3,000 if the individual is married and living with his spouse and expects to claim the full marital exemption."
Section 2. Said Code Section is further amended by adding a new subsection at the end thereof, to be designated subsection (e), to read as follows:
"(e) The provisions of this Section shall not apply to an individual in a given tax year if:
(1) the sum of the allowable credits shown on the individual's income tax return for the tax year exceeds the individual's tax liability shown on the return before the tax liability is reduced by the amount of the allowable credits; and
(2) The individual reasonably expected at the time each declaration was otherwise required to be filed with respect to the tax year that the conditions of paragraph (1) of this subsection would be met for the tax year."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

GEORGIA LAWS 1980 SESSION

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Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

SHERIFFS' RETIREMENT FUND OF GEORGIA AMENDED.
No. 902 (House Bill No. 327).
AN ACT
To amend an Act creating the Sheriffs' Retirement Fund of Georgia, approved April 16, 1963 (Ga. Laws 1963, p. 630), as amended by an Act approved April 9, 1968 (Ga. Laws 1968, p. 1203), an Act approved April 23, 1969 (Ga. Laws 1969, p. 586), an Act approved March 31, 1972 (Ga. Laws 1972, p. 705), an Act approved April 17, 1973 (Ga. Laws 1973, p. 892), an Act approved April 19, 1973 (Ga. Laws 1973, p. 1414), an Act approved March 28, 1974 (Ga. Laws 1974, p. 1191), an Act approved March 28, 1974 (Ga. Laws 1974, p. 1194), an Act approved April 18, 1975 (Ga. Laws 1975, p. 823), an Act approved April 18, 1975 (Ga. Laws 1975, p. 830), an Act approved February 27, 1976 (Ga. Laws 1976, p. 332), an Act approved March 23, 1977 (Ga. Laws 1977, p. 645), an Act approved April 8, 1977 (Ga. Laws 1977, p. 1291), an Act approved March 14, 1978 (Ga. Laws 1978, p. 904), an Act approved April 3, 1978 (Ga. Laws 1978, 1668), an Act approved April 3, 1978 (Ga. Laws 1978, p. 1690), and an Act approved April 13, 1979 (Ga. Laws 1979, p. 994), so as to provide that active members who have waived their claim for any prior service as a sheriff, any prior service in the armed forces of the United States of America, or any prior service as a peace officer, may now claim credit for such service as a basis for future retirement; to provide the method and procedure to claim such service; to provide the time limit in which to claim such service; to provide for other matters relating to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Sheriffs' Retirement Fund of Georgia, approved April 16, 1963 (Ga. Laws 1963, p. 630), as amended by an Act approved April 9, 1968 (Ga. Laws 1968, p. 1203), an Act approved April 23, 1969 (Ga. Laws 1969, p. 586), an Act approved March 31, 1972 (Ga. Laws 1972, p. 705), an Act approved April 17, 1973 (Ga. Laws 1973, p. 892), an Act approved April 19, 1973 (Ga. Laws 1973, p. 1414), an Act approved March 28, 1974 (Ga. Laws 1974, p. 1191), an Act approved March 28, 1974 (Ga. Laws 1974, p. 1194), an Act approved April 18, 1975 (Ga. Laws 1975, p. 823), an Afct approved April 18, 1975 (Ga. Laws 1975, p. 830), an Act approved February 27, 1976 (Ga. Laws 1976, p. 332), an Act approved March 23, 1977 (Ga. Laws 1977, p. 645), an Act approved April 8, 1977 (Ga. Laws 1977, p. 1291), an Act approved March 14, 1978 (Ga. Laws 1978, p. 904), an Act approved April 3, 1978 (Ga. Laws 1978, p. 1668), an Act approved April 3, 1978 (Ga. Laws 1978, p. 1690), and an Act approved April 13, 1979 (Ga. Laws 1979, p. 994), is hereby amended by adding a new section to be known as Section 12B to read as follows:
"Section 12B. Any other provisions of this law to the contrary notwithstanding, any active member of the Sheriffs' Retirement Fund of Georgia who has previously waived his claim for credit for any prior service as a sheriff, any prior service in the armed forces of the United States of America or any prior service as a peace officer, by his failure to comply with the provisions of subsections 2, 4 or 5 of Section 11 of this Act, or by his failure to list such prior service in his application for membership, shall now be entitled to claim credit for any such prior service as a basis for future retirement in accordance with the provisions of this Act and the following:
(1) Any such member shall notify the Secretary-Treasurer of the Sheriffs' Retirement Fund of Georgia in writing of his request to claim credit for such prior service prior to July 31, 1980, or within the first 30 days of any new term of office of such member, and at that time file with the Secretary-Treasurer an amendment to his application for membership, in such form as may be approved by the Board of Commissioners, and list in the amendment all such periods of prior service for which he intends to claim credit as a basis for his future retirement.

GEORGIA LAWS 1980 SESSION

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(2) At the time of his notification in writing to the Secretary-Treasurer, such member must tender payment of all dues for such prior service listed in the amendment to his application for membership as is required by subsection 5 of Section 11 of this Act, together with interest thereon at eight (8%) percent per annum, from the date of acceptance of his original application for membership.
(3) Upon approval or acceptance of the amendment to the application for membership of any such member by the Board of Commissioners and receipt of his payment of the dues therefor and interest thereon, any such member shall be credited with his claimed prior service as a sheriff, in the armed forces of the United States of America, or as a peace officer as a basis for his future retirement."
Section 2. This Act shall become effective on May 1, 1980.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

DELEGATION OF AUTHORITY BY COUNTIES AND MUNICIPALITIES.
Code Sections 91 A-1601, 92-3905A Amended.
No. 903 (House Bill No. 387).
AN ACT
To amend Code Chapter 92-39A, relating to refunds by counties and municipalities, so as to change the provisions relating to the delegation of the administration and the approval or disapproval of claims; to provide for disputed cases; to amend Code Section 91A1601, so as to change the provisions relating to the delegation of the

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administration and the approval or disapproval of claims; to provide for a specific repealer; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Chapter 92-39A, relating to refunds by counties and municipalities, is hereby amended by striking Code Section 923905A, which reads as follows:
"92-3905A. The governing authority of any county may, by resolution, and the governing authority of any municipality may, by ordinance, adopt rules and regulations governing the administration of the provisions of this Chapter and may delegate the administration of any provision of this Chapter except the approval or disapproval of claims to an appropriate department in local government.",
in its entirety and inserting in lieu thereof a new Code Section 923905A to read as follows:
"92-3905A. Delegation of administration.--The governing authority of any county may, by resolution, and the governing authority of any municipality may, by ordinance, adopt rules and regulations governing the administration of the provisions of this Chapter and may delegate the administration of any provision of this Chapter, including the approval or disapproval of claims where the reason for the claim is based on an obvious clerical error, to an appropriate department in local government. In disputed cases where there is no obvious error, the approval or disapproval may not be delegated by the governing authority."
Section 2. Code Section 91 A-1601, relating to refunds by counties and municipalities, is hereby amended by striking subsection (e) which reads as follows:
"(e) The governing authority of any county, by resolution, and the governing authority of any municipality, by ordinance, may adopt rules and regulations governing the administration of the provisions of this Section and may delegate the administration of any provision of this Section, except the approval or disapproval of claims, to an appropriate department in local government.",

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and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) The governing authority of any county may, by resolution, and the governing authority of any municipality may, by ordinance, adopt rules and regulations governing the administration of the provisions of this Chapter and may delegate the administration of any provision of this Chapter, including the approval or disapproval of claims where the reason for the claim is based on an obvious clerical error, to an appropriate department in local government. In disputed cases where there is no obvious error, the approval or disapproval may not be delegated by the governing authority."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval, except Section 2 of this Act which shall become effective on January 1, 1981.
Section 4. Section 1 of this Act is hereby repealed effective on January 1,1981.
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

ADEQUATE PROGRAM FOR EDUCATION IN GEORGIA ACT AMENDED JjsiCK AND PERSONAL LEAVE EXPENSES.
No. 904 (House Bill No. 393).
AN ACT
To amend an Act providing sick leave for teachers in the public schools of this State, approved December 10, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 43), as amended, particularly by an Act approved March 5, 1976 (Ga. Laws 1976, p. 364), an Act approved

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March 23, 1977 (Ga. Laws 1977, p. 798), an Act approved March 24, 1977 (Ga. Laws 1977, p. 972), and by an Act approved March 14, 1978 (Ga. Laws 1978, p. 990), so as to extend said sick leave provisions to certain other personnel employed by local boards of education; to change the requirements relative to sick leave; to change the provisions relative to leaves of absence for maternity reasons; to provide for other matters relative to the foregoing; to amend the Act known as the "Adequate Program for Education in Georgia Act," approved March 26, 1974 (Ga. Laws 1974, p. 1045), as amended, particularly by an Act approved March 14, 1978 (Ga. Laws 1978, p. 990), so as to change the provisions relative to the amount of funds needed by a local unit of administration for sick and personal leave expenses; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing sick leave for teachers in the public schools of this State, approved December 10, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 43), as amended, particularly by an Act approved March 5, 1976 (Ga. Laws 1976, p. 364), an Act approved March 23, 1977 (Ga. Laws 1977, p. 798), an Act approved March 24, 1977 (Ga. Laws 1977, p. 972), and by an Act approved March 14, 1978 (Ga. Laws 1978, p. 990), is hereby amended by striking subsections (a) and (b) of Section 1 in their entirety and substituting in lieu thereof new subsections (a) and (b) to read as follows:
"(a) Each person employed in any public school system of this State in the capacity of teacher, student services support personnel, or administrative and supervisory personnel (hereinafter referred to in this Act as `personnel') as provided by Sections 5, 7, 10, 11, 12, 20 and 21 of the Act known as the `Adequate Program for Education in Georgia Act,' approved March 24, 1974 (Ga. Laws 1974, p. 1045), as now or hereafter amended, shall be entitled to sick leave with full pay computed on the basis of one and one-fourth working days for each completed contract month , and all unused sick leave shall be accumulated from one contract year to the next up to a maximum of 45 days. Personnel may utilize sick leave upon the approval of the local school superintendent or an appointed designee for absence due to illness or injury or necessitated by exposure to contagious disease or to illness or death in the immediate family. Personnel shall be charged with sick leave for absence only

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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.
(b) Any unused sick and personal leave accumulated by personnel pursuant to subsection (a) of this Section shall be credited to such personnel and shall be transferred when there is a change in the employment of such personnel from one local board of education to another, but no local board of education shall be required to transfer funds to another, nor shall the State Board of Education provide funds to a local unit of administration beyond those authorized by Section 16 of the Adequate Program for Education in Georgia Act, as amended, to finance the potential or actual cost incurred by a local unit of administration through the employment of personnel transferring accumulated unused sick and personal leave. Any accumulated unused sick and personal leave credited to personnel shall be forfeited if such personnel withdraws from service for a period of 12 or more consecutive months."
Section 2. Said Act is further amended by striking Sections 1A, IB and 2 in their entirety and substituting in lieu thereof new Sections 1 A, IB and 2 to read as follows:
"Section 1A. During any school year, personnel may utilize up to a maximum of three days of any accumulated sick leave for the purpose of absenting themselves from their duties for personal or professional reasons, if prior approval of their absence is given by the superintendent or his authorized representative. No grant of approval for an absence permitted under the provisions of this Section shall be conditioned upon disclosure of the specific purpose for which such absence is sought, nor shall any such grant of approval be withheld or denied because of the failure or refusal of personnel to disclose the specific purpose for which such an absence is sought; provided, that personnel may be requested to state whether the absence is sought under the category of `personal' or `professional' absence; provided further that the absence is not in conflict with a local board of education policy concerning school days on which the presence of the personnel requesting absence is essential for effective school operation.
Section IB. A leave of absence for maternity reasons shall be granted to a female employed by a public school system in a capacity specified by subsection (a) of Section 1 of this Act as follows:

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(a) Any such employee who is pregnant shall be entitled to a leave of absence to begin at a time to be determined by the employee, the physician and the local school superintendent between the commencement of pregnancy and the anticipated date of delivery. Said employee shall notify the superintendent in writing of her desire to take such leave and, except in case of emergency, shall give such notice at least sixty calendar days prior to the date on which her leave is to begin. This notice shall include a doctor's statement of anticipated date of physical disability. The employee may continue in active employment as late into her pregnancy as she desires provided she is able to properly perform the required functions of her job. Final determination of ability to properly perform the required job functions shall be made by the local Board of Education. An employee wishing to work to the date of physical disability shall be entitled to the use of all accumulated sick leave credited to her, not to exceed the doctor's estimated length of physical disability. An employee wishing to discontinue work prior to the date of physical disability shall be governed by the same sick leave provisions as apply to employees on leave for other reasons.
(b) An employee who has been granted leave for the period of physical disability only shall be entitled to return to active employment upon presentation of a doctor's statement of physical ability to perform the required functions of the job and shall be assigned to a substantially equivalent position to be approved by the superintendent. An employee who has been granted leave for a period longer than the period of physical disability, but not to exceed one full school year, shall be entitled to return to active employment upon written request for reassignment and contingent on a vacancy for which the employee is qualified. Such employee shall be given preference equal to any other applicant returning from a period of physical disability for a vacancy for which she is qualified. In any instance, the employee's return to active employment may be delayed until the beginning of a quarter (or semester) in order to maintain continuity of classroom instruction.
(c) If the local school board disagrees with any doctor's statement of disability, or ability, it may appoint a physician of the same medical specialty as the employee's physician, for the purpose of receiving independent medical judgment.

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Section 2. No personnel utilizing sick leave under the provisions of this Act shall be required to pay the cost of employing a substitute to serve in his absence on such sick leave."
Section 3. An Act known as the "Adequate Program for Education in Georgia Act," approved March 26, 1974 (Ga. Laws 1974, p. 1045), as amended, particularly by an Act approved March 14, 1978 (Ga. Laws 1978, p. 990), is hereby amended by striking from subsection (a) of Section 16 the word "instructional" where it appears immediately preceding the word "units" and where it appears immediately preceding the word "unit" and by striking the word "and" where it appears between the figures "11" and "12" and by inserting immediately following the figure "12" the following: ", 20, and 21" so that when so amended subsection (a) of Section 16 shall read as follows:
"(a) The amount of funds needed by a local unit of administration during a fiscal year for sick and personal leave expenses shall be determined by multiplying the number of units allotted to the local unit of administration under provisions of Sections 5, 7, 10, 11, 12, 20, and 21 by a sum of money not less than $125. The appropriation by the General Assembly of sufficient funds to finance a sum of money not less than $125 per unit for sick and personal leave will bring into effect for that fiscal year and thereafter the provisions relative to accumulation of unused sick and personal leave of the Act providing for sick leave of teachers in the public schools in this State, approved December 10, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 43), as amended, and as the same may now or hereafter be amended. The State Board of Education shall have the authority to prescribe minimum requirements and standards for the distribution, use, and expenditure of funds allotted under this Section."
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

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STATE BOARD OF CORRECTIONS - USE OF FUNDS BY CERTAIN COUNTIES.
No. 905 (House Bill No. 488).
AN ACT
To amend an Act comprehensively and exhaustively revising, superseding, and consolidating the laws relating to the State Board of Corrections and to prisons, public work camps, and prisoners, approved February 20, 1956 (Ga. Laws 1956, p. 161), as amended, particularly by an Act approved April 18, 1975 (Ga. Laws 1975, p. 908), so as to authorize counties receiving certain State funds for State prisoners assigned to county correctional institutions to use such State funds to supplant county funds or previous levels of county funding for such county correctional institutions; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia;
Section 1. An Act comprehensively and exhaustively revising, superseding, and consolidating the laws relating to the State Board of Corrections and to prisons, public work camps, and prisoners, approved February 20, 1956 (Ga. Laws 1956, p. 161), as amended, particularly by an Act approved April 18, 1975 (Ga. Laws 1975, p. 908), is hereby amended by striking from subsection (c) of Section 16 of said Act the following:
"Money so paid to a county shall only be used for the operation and maintenance of county correctional institutions.",,
and inserting in lieu thereof the following:
"Each county is hereby authorized to use the money so paid to the county for the operation and maintenance of the county correctional institution or may use such money so paid to supplant county funds or previous levels of county funding for the county correctional institution.",
so that when so amended subsection (c) of Section 16 of said Act shall read as follows:

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"(c) Each county establishing a county correctional institution which complies with the rules and requirements established by the Board of Corrections and which is approved by such Board shall receive a quota of prisoners in accordance with such methods of apportionment as may be established by said Board.
The Board of Corrections is authorized, pursuant to rules and regulations adopted by said Board, to pay funds in an amount appropriated by the General Assembly for this purpose, for each State prisoner assigned to a county correctional institution, to the county operating the facility. The amount so paid shall be determined on the basis of an equal amount per day for each State prisoner assigned to the county correctional institution.
Each county is hereby authorized to use the money so paid to the county for the operation and maintenance of the county correctional institution or may use such money so paid to supplant county funds or previous levels of county funding for the county correctional institution. Following a full hearing the State Board of Corrections is hereby given the authority to withhold payment and/or withdraw all prisoners from any county correctional institution which does not at any time meet or comply with the rules, regulations, and requirements of the Board or comply with its directions."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

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DEEDS OF TRUST INTO DOMESTIC CORPORATIONS.
Code Section 108-610 Amended.
No. 906 (House Bill No. 497).
AN ACT
To amend Code Section 108-610, relating to the merger of a trust into a domestic corporation, so as to remove the requirement that the deed creating the trust expressly authorize the merger; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 108-610, relating to the merger of a trust into a domestic corporation, is hereby amended by striking the words "expressly authorizes" in subsection (a) and inserting in lieu thereof the words "does not prohibit" so that when so amended, subsection (a) shall read as follows:
"(a) Any trust created pursuant to the provisions of this Chapter may be merged into a corporation for profit organized under the laws of this State and subject to the provisions of the Georgia Business Corporation Code (a `domestic corporation'), if the deed creating such trust does not prohibit such merger."
Section 2. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

SOUTHERN GROWTH POLICIES AGREEMENT ACT AMENDED.
No. 907 (House Bill No. 540).
AN ACT
To amend an Act providing that the State of Georgia shall be a party to the "Southern Growth Policies Agreement" and enacting said agreement into law, approved April 13, 1973 (Ga. Laws 1973, p. 622), so as to change the provisions of the Southern Growth Policies Agreement relating to internal management of the Southern Growth Policies Board; to change the provisions relating to the Executive Committee and the number of members thereof; to provide that the Commonwealth of Puerto Rico and the Territory of the Virgin Islands shall be eligible parties to the Agreement; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing that the State of Georgia shall be a party to the "Southern Growth Policies Agreement" and enacting said agreement into law, approved April 13, 1973 (Ga. Laws 1973, p. 622), is hereby amended by striking from the material in Section 1 of said Act, which is designated as Article VI(b) of the Southern Growth Policies Agreement, the following:
"seventeen members",
and inserting in lieu thereof the following:

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"twenty-three members",
so that when so amended the material quoted as (b) of Article VI of the Southern Growth Policies Agreement shall read as follows:
"(b) To assist in the expeditious conduct of its business when the full Board is not meeting, the Board shall elect an Executive Committee of not to exceed twenty-three members, including at least one member from each party state. The Executive Committee, subject to the provisions of this Agreement and consistent with the policies of the Board, shall be constituted and function as provided in the Bylaws of the Board. One half of the membership of the Executive Committee shall consist of Governors, and the remainder shall consist of other members of the Board, except that at any time when there is an odd number of members on the Executive Committee, the number of Governors shall be one less than half of the total membership. The members of the Executive Committee shall serve for terms of two years, except that members elected to the first Executive Committee shall be elected as follows: one less than half of the membership for two years and the remainder for one year. The Chairman, Chairman-Elect, Vice Chairman, and Treasurer of the Board shall be members of the Executive Committee and anything in this paragraph to the contrary notwithstanding shall serve during their continuance in these offices. Vacancies in the Executive Committe shall not affect its authority to act, but the Board at its next regularly ensuing meeting following the occurrence of any vacancy shall fill it for the unexpired term."
Section 2. Said Act is further amended by striking from the material in Section 1 of said Act, which is designated as Article XII(a) of the Southern Growth Policies Agreement, the following:
" and West Virginia",
and inserting in lieu thereof the following:
", West Virginia, the Commonwealth of Puerto Rico, and the Territory of the Virgin Islands, hereinafter referred to as party states",
so that when so amended the material quoted as (a) of Article XII of the Southern Growth Policies Agreement shall read as follows:

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"(a) This Agreement shall have as eligible parties the states of Alabama, Arkansas, Delaware, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, West Virginia, the Commonwealth of Puerto Rico, and the Territory of the Virgin Islands, hereinafter referred to as party states."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

MOTOR COMMON CARRIERS EMERGENCY AUTHORITY.
Code Chapter 68-6 Amended.
No. 908 (House Bill No. 572).
AN ACT
To amend Code Chapter 68-6, relating to motor common carriers, as amended, so as to require an application and payment of a fee prior to the grant of temporary emergency authority; to provide for issuance of temporary vehicle registration permits; to redefine certain terms; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Chapter 68-6, relating to motor common carriers, as amended, is hereby amended by inserting in Code Section 68611.1, relating to temporary emergency authority, after the following:

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"capable of meeting such need,",
the following:
"upon receipt of application for temporary emergency authority, and upon payment of the appropriate fee as fixed by statute,",
so that when so amended Code Section 68-611.1 shall read as follows:
"68-611.1. Temporary Emergency Authority. Notwithstanding any other provision of law, in order to authorize the provision of service for which there is an immediate and urgent need to a point or points, or within a territory, with respect to which there is no motor common carrier service capable of meeting such need, upon receipt of application for temporary emergency authority, and upon payment of the appropriate fee as fixed by statute, the Commission under the authority of this Section may, in its discretion and without a hearing or other prior proceeding, grant to any person temporary motor common carrier authority for such service. The order granting such authority shall contain Commission's findings supporting its determination under the authority of this Section that there is an unmet immediate and urgent need for such service and shall contain such conditions as the Commission finds necessary with respect to such authority. Such emergency temporary motor common carrier authority, unless suspended or revoked for good cause within such period, shall be valid for such time as the Commission shall specify but not for more than an aggregate of thirty days. Such authority shall in no case be renewed and shall create no presumption that corresponding permanent authority will be granted thereafter. No such emergency temporary motor common carrier authority shall be granted for the transportation of general commodities (1) where there exists certificated intrastate general commodity motor common carrier service to and from the points, or within the territory, involved unless such carrier or carriers are unable or refuse to provide the needed service or (2) if, following notice to the intrastate general commodity motor common carriers in such manner as the Commission by rule shall provide, any existing certificated general commodity motor common carrier files application for temporary emergency authority to perform the service needed, and demonstrates that it is ready, willing and able to promptly provide such service. In any grant of emergency tempo-

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rary motor common carrier authority, notice of the order of the Commission shall be served on the certificated carrier or carriers in such manner as the Commission by rule shall provide."
Section 2. Said Code Chapter is further amended by striking in its entirety Code Section 68-623, relating to annual registration by motor common carriers, and substituting in lieu thereof a new Code Section 68-623 to read as follows:
"68-623. Annual Registration by Motor Common Carriers; License Taxes Prohibited; Fees, (a) Every motor common carrier shall annually on or before January 1, as long as such certificate remains in force, or as to a vehicle put into use during the course of the year, before the vehicle is put into use, make application to the Commission for registration and license of all motor vehicles to be operated under said certificate in such manner and form as the Commission may by rule or regulation prescribe, and shall pay to the Commission a fee of $5.00 for the registration of each vehicle and the issuance of a license to operate the same.
(b) Motor carriers operating pursuant to a certificate as provided for in this Chapter may, in lieu of other vehicle registration provisions contained in this Section, register vehicle(s) operated as an emergency, temporary or trip-lease vehicle for a period not exceeding fifteen days by payment to the Commission a fee of $8.00 for each vehicle so registered, for which an emergency, temporary or trip-lease vehicle registration permit will be issued.
(c) Whenever any motor vehicle is operated on or over any highway of this State without first having obtained the annual registration and license or temporary vehicle registration permit provided for in this Section, the motor carrier operating such vehicle shall be required to pay a fee of $25.00 for such late registration of such vehicle.
(d) No subdivision of this State, including cities, municipalities, villages, townships, or counties shall levy any excise, license, or occupation tax of any nature on said equipment, or the right to operate said equipment or any incidents of said motor carrier business, or on a motor common carrier."

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Section 3. Said Code Chapter is further amended by striking in its entirety subsection (b) of Code Section 68-633, relating to registration of routes, vehicles, etc., by common carriers, and substituting in lieu thereof a new subsection (b) to read as follows:
"(b) Obtain an annual registration and identification stamp for each of its motor vehicles operated on or over any highway of this State. Each annual registration and identification stamp shall be valid for a fifteen-month period extending from November 1st of any year through January 31st of the next succeeding year and may be obtained from the Commission upon application on a form supplied by the Commission and payment of a $5.00 registration and identification fee except that the Georgia Public Service Commission is authorized to impose vehicle identification and registration fee equal to the identification and registration fee charged by any other state, up to a maximum of $25.00, upon such vehicles licensed in that state which charges equipment licensed in Georgia a vehicle identification and registration fee in excess of $5.00. Motor carriers operating pursuant to a registration permit as provided for herein may, in lieu of all other vehicle registration provisions contained herein, register vehicle(s) operated in Georgia as an emergency, temporary or trip-lease vehicle for a period not exceeding fifteen days by payment to the Commission a fee of $8.00 for each vehicle so registered, for which an emergency, temporary or trip-lease vehicle registration permit will be issued. Where carrier has not previously qualified with the Commission to operate in interstate commerce in Georgia pursuant to provisions contained herein, the emergency, temporary or trip-lease vehicle registration permit provided for above will also include the authority to operate in Georgia during the fifteen-day or less period covered by the vehicle registration permit, conditioned that carrier has otherwise qualified its operations with the Commission as provided for in this Section. Provided, however, that whenever any motor vehicle is operated on or over any highway of this State without first having obtained the annual registration and identification stamp or temporary vehicle registration permit, provided for in this Section, the motor carrier operating such vehicle shall be required to pay a fee of $25.00 for such late registration and identification of such vehicle. Nothing herein shall limit the authority of the Georgia Public Service Commission to negotiate reciprocal agreements relating to vehicle identification and registration fees in excess of those provided for under Title 49 USC, Section 302 (b) (2), as provided in Code Section 681003 of the Code of Georgia."

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Section 4. Said Code Chapter is further amended by adding at the end of subsection (e) of Section 68-601 the following:
"The words `motor common carrier,' however, shall not include granite trucks that are transporting from quarry to finishing plant across not more than two counties."
Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

MOTOR CONTRACT CARRIERS -- TEMPORARY PERMITS.
Code Chapter 68-5 Amended.
No. 909 (House Bill No. 573).
AN ACT
To amend Code Chapter 68-5, relating to motor contract carriers, as amended, so as to define and redefine certain terms; to provide for issuance of certain temporary permits; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section L. Code Chapter 68-5, relating to motor contract carriers, as amended, is hereby amended by striking in its entirety Code Section 68-502, relating to definitions, and substituting in lieu thereof a new Code Section 68-502 to read as follows:

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"68-502. Definition of certain terms used in Chapter.--When used in this Chapter, unless otherwise expressly stated or unless the context plainly requires a different meaning, the following words and phrases shall be given the following meanings:
(a) The term `person' shall include an individual, a firm, a partnership, corporation, company and/or association.
(b) The term `commission' means the Georgia Public Service Commission.
(c) The words `public highway' mean every public street, road, highway or thoroughfare of any kind in the State used by the public.
(d) The word `certificate' means a certificate of public convenience and necessity issued under this Chapter.
(e) The term `motor carrier' means every person, except common carriers, owning, controlling, operating, or managing any motor-propelled vehicle (and the lessees, or trustees thereof, or receivers, appointed by any court whatsoever) used in the business of transporting persons or property for hire over any public highway in this State and not operated exclusively within the corporate limits of any city or town: Provided, that the term `motor carrier' shall not include and this Chapter shall not apply to:
(1) Motor vehicles engaged solely in transporting school children and teachers to and from public schools; cars and trucks hauling people and farm products exclusively between points not having railroad facilities, and not passing through or beyond municipalities having railroad facilities, where not more than nine passengers and/or one and one-half tons of freight are transported.
(2) Motor vehicles engaged exclusively in the transportation of agricultural and/or dairy products between any of the following points: farm, market, gin, warehouse, or mill, where the weight of the load does not exceed 18,850 pounds, whether such motor vehicle is owned by the owner or producer of such agricultural or dairy products or not, so long as the title remains in the producer. The word `producer' shall include a landlord where the relations of landlord and tenant or landlord

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and cropper are involved. The phrase `agricultural products' shall include fruit, livestock, meats, fertilizer, wood, lumber, cotton, and naval stores, household goods and supplies transported to farms for farm purposes, and/or other usual farm and dairy supplies, and including products of grove and/or orchard, and also poultry and eggs, and also fish and oysters, and timber and/or logs being hauled by the owner thereof, or his agents and/or employees between forest and mill or primary place of manufacturer, motor vehicles used by country merchants in rural districts who handle poultry and farm products, in pursuance of their own business and not for hire.
(2) (a) Granite trucks that are transporting from quarry to finishing plant - not to cross more than two counties and motor vehicles engaged in the transportation of peanuts in the shell and peaches, nursery stock, sod grass, potting soil, pine bark nuggets, or poultry and processed poultry, or dry fertilizer, or flue-cured tobacco or certain fresh vegetables as follows: cucumbers, tomatoes, beans, green corn, cabbage, peas, potatoes, cantaloupes, watermelons, okra, and green peppers, whether such motor vehicles are owned by the producer or owner of such commodities and products or by any other person. Provided, such vehicles do not haul or transport other commodities not exempt by law from the regulations of the Public Service Commission.
(3) Taxicabs, drays, trucks, buses and other motor vehicles which operate within the corporate limits of municipalities and are subject to regulation by the governing authorities of such municipalities; and this exception shall apply to taxicabs and buses even though such vehicles may in the prosecution of their regular business occasionally go beyond the corporate limits of such municipalities, provided they do not operate to or from fixed termini outside of such limits.
(4) Hotel-passenger or baggage motor vehicles when used exclusively for patrons and employees of such hotel.
(5) Motor trucks of railway companies which perform a pick-up and delivery service in connection with their freight train service, between their freight terminals and points not more than ten miles distant, when either the freight terminal or 16

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such points, or both, are outside the limits of an incorporated city or town.
(6) R.F.D. carriers and star-route carriers are allowed to carry, without complying with the provisions of this Chapter, not exceeding nine passengers along with carriage of the United States mail, provided they do not carry passengers on a route along which another motor carrier of passengers has a permit or a certificate to operate.
(7) Motor vehicles owned and operated exclusively by the United States, this State, or any subdivision thereof.
(8) Any dump truck or transit mixer vehicle used exclusively in the transportation of sand, gravel, crushed stone, fill dirt, borrow pit materials, plant mix road materials, plant mix concrete, or road base materials, to be used in the construction, reconstruction, or maintenance of public highways, bridges, airport runways (including adjacent taxi strips and parking areas), or dams, when payment for such transportation is made by the United States, this State, or any county or municipality or other governmental subdivision of this State, or where payment is made by any contractor performing such public work under contract with any such government, and when such truck or vehicle transports such materials for a distance not exceeding fifty (50) miles.
(9) Motor vehicles commonly known as tow trucks or wreckers, designed and exclusively used in the business of towing abandoned, disabled and wrecked vehicles or otherwise rendering assistance to abandoned, disabled and wrecked vehicles.
(f) The word `vehicle' or `motor vehicle' shall include a trailer, and each trailer shall be deemed a separate vehicle.
(g) The words `for hire', as used in subsection (e) above, shall include an activity wherein for compensation a motor vehicle and driver are furnished to a person by another person, acting directly or knowingly and wilfully acting with another to provide the combined service of the vehicle and driver, and shall include every person acting in concert with, under the control of or under common control with a motor contract carrier, who shall offer to furnish transportation for compensation."

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Section 2. Said Code Chapter is further amended by striking in its entirety Code Section 68-518, relating to registration and license for vehicles, and substituting in lieu thereof a new Code Section 68518 to read as follows:
"68-518. Registration and license for vehicles; fees, (a) Every motor carrier shall, as soon as the certificate is issued, and annually on or before each succeeding January 1st, as long as the certificate remains in force, or as to a vehicle put into use during the course of the year, before the vehicle is put into use, make application to the commission for registration and license of all motor vehicles to be operated under said certificate in such manner and form as the commission may by rule or regulation prescribe, and upon payment of a fee of $5.00 for each vehicle to the commission, shall be entitled to register the same and receive a license therefor.
(b) Motor carriers operating pursuant to a certificate as provided for in this Chapter may, in lieu of other vehicle registration provisions contained in this Section, register vehicle(s) operated as an emergency, temporary or trip-lease vehicle for a period not exceeding 15 days by payment to the commission a fee of $8.00 for each vehicle so registered for which an emergency, temporary or trip-lease vehicle registration permit will be issued.
(c) Whenever any motor vehicle is operated on or over any highway of this State without first having obtained such annual registration and license or temporary vehicle registration permit as provided in subsection (a) or (b), the motor carrier operating such vehicle shall be required to pay a fee of $25.00 for such late registration of such vehicle."
Section 3. Said Code Chapter is further amended by striking in its entirety paragraph (2) of subsection (a) of Code Section 68-525, relating to registration of routes and vehicles by motor carriers, and substituting in lieu thereof a new paragraph (2) to read as follows:
"(2) Obtain an annual registration and identification stamp for each of its motor vehicles operated on or over any highway of this State. Each annual registration and identification stamp shall be valid for a fifteen-month period extending from November 1st of any year through January 31st of the next succeeding year and may be obtained from the commission upon application on a form sup-

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plied by the commission and payment of a $5.00 registration and identification fee, except that the Georgia Public Service Commission is authorized to impose vehicle identification- and registration fee equal to the identification and registration fee charged by any other state, up to a maximum of $25.00, upon such vehicles licensed in that state which charges equipment licensed in Georgia a vehicle identification and registration fee in excess of $5.00. Motor carriers operating pursuant to a registration permit as provided for herein may, in lieu of all other vehicle registration provisions contained herein, register vehicle(s) operate^ in Georgia as an emergency, temporary or trip-lease vehicle for a period not exceeding 15 days by payment to the commission a fee of $8.00 for each vehicle so registered, for which an emergency, temporary or trip-lease vehicle registration permit will be issued. Where carrier has not previously qualified with the commission to operate in interstate commerce in Georgia pursuant to provisions contained herein, the emergency, temporary or trip-lease vehicle registration permit provided for above will also include the authority to operate in Georgia during the 15 day or less period covered by the vehicle registration permit, conditioned that carrier has otherwise qualified its operations with the commission as provided for in this Section. Provided, however, that whenever any motor vehicle is operated on or over any highway of this State without first having obtained the annual registration and identification stamp or temporary vehicle registration permit provided for in this Section the motor carrier operating such vehicle shall be required to pay a fee of $25.00 for such late registration and identification of such vehicle. Nothing herein shall limit the authority of the Georgia Public Service Commission to negotiate reciprocal agreements relating to vehicle identification and registration fees in excess of those provided for under Title 49 USC, Section 302 (b) (2), as provided in Code Section 68-1003 of the Code of Georgia."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

DEPARTMENT OF ARCHIVES AND HISTORY OBJECTS AND PURPOSES.
Code Section 40-802 Amended.
No. 910 (House Bill No. 590).
AN ACT
To amend Code Section 40-802, relating to the objects and purposes of the Department of Archives and History, so as to provide certain additional objects and purposes; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 40-802, relating to the objects and purposes of the Department of Archives and History, is hereby amended by striking said Section in its entirety and substituting in lieu thereof a new Code Section 40-802, to read as follows:
"40-802. Objects and purposes. The objects and purposes of the Department shall be to :
(a) Insure the retention and preservation of the records of any State or local agency with historical and research value by providing for the application of modem and efficient methods to the creation, utilization, maintenance, retention, preservation and disposal of records.

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(b) Provide an archival and records depository in which to assemble and maintain the official archives and other inactive records of the State not in current and common use.
(c) Collect from the files of old newspapers, court records, church records, private collections, and other sources, data of all kinds bearing upon the history of the State.
(d) Secure from private individuals, either by loan or gift, rare volumes, manuscripts, documents and pamphlets for the use of this Department.
(e) Obtain in like manner historical trophies, souvenirs and relics.
(f) Classify, edit, annotate, and publish from time to time such records as may be deemed expedient and proper, including messages of Governors, executive orders, State papers, military rosters of the Revolutionary, Indian, Mexican, Civil and European Wars.
(g) Diffuse knowledge in regard to the State's history.
(h) Prepare biennially an official register, giving the latest information of an official character in regard to the State, including a full list of Statehouse officers, legislators, judges and solicitors, members of Congress, county officials, etc., together with other pertinent items of information.
(i) Encourage the proper marking of battlefields, houses and other places celebrated in the history of the State.
(j) Encourage the study of Georgia history in our public schools.
(k) Assist in the observance of patriotic occasions.
(l) Assist and cooperate with the members of the Georgia Commission for the National Bicentennial Celebration in carrying out the lawful functions and programs of the commission.
(m) Plan and coordinate celebrations and observations of events and anniversaries having historic or special significance to this State.

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(n) Stimulate historical research, especially in the prosecution of local histories.
(o) Foster sentiment looking to the better protection, classification and arrangement of records in the various courthouses of the State.
(p) Prepare a bibliography of Georgia, and to indicate, by title at least, every book written about Georgia or by Georgia authors .
(q) Collect biographical information in regard to all public officials and to keep same on file, in a classified arrangement, for convenient reference by investigators."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

GEORGIA CONDOMINIUM ACT AMENDED.
No. 911 (House Bill No. 620).
AN ACT
To amend an Act known as the Georgia Condominium Act, approved April 18, 1975 (Ga. Laws 1975, p. 609), so as to change the provisions relating to the seven-day waiting period following required disclosure; to change the provisions relating to required contract text; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:

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Section L An Act known as the Georgia Condominium Act, approved April 18, 1975 (Ga. Laws 1975, p. 609), is hereby amended by striking from the first unnumbered paragraph of subsection (b) of Section 43 the following:
"No covered contract shall be executed",
and substituting in lieu thereof the following:
"Any covered contract shall be voidable by the buyer",
so that said first unnumbered paragraph of subsection (b) when so amended shall read as follows:
"(b) Any covered contract shall be voidable by the buyer until at least seven days after the seller shall have furnished to the prospective purchaser the following:".
* Section 2. Said Act is further amended by striking subsection (c) of Section 43 in its entirety and substituting in lieu thereof a new subsection (c) to read as follows:
"(c) Any covered contract shall be voidable by the buyer until at least seven days after the seller has furnished to the buyer all of the items required to be so furnished under this Section 43. The provisions of this subsection (c) may not be waived. The contract shall contain within the text, in bold-faced type or capital letters no smaller than the largest type in the text, the following legend:
THIS CONTRACT IS VOIDABLE BY BUYER UNTIL AT LEAST SEVEN (7) DAYS AFTER ALL OF THE ITEMS REQUIRED UNDER SECTION 43 OF THE GEORGIA CONDOMINIUM ACT TO BE DELIVERED TO BUYER HAVE BEEN RECEIVED BY BUYER. THE ITEMS SO REQUIRED ARE: (1) A FLOOR PLAN OF THE UNIT, (2) THE DECLARATION AND AMENDMENTS THERETO, (3) THE ASSOCIATION'S ARTICLES OF INCORPORATION AND BYLAWS AND AMENDMENTS THERETO, (4) ANY GROUND LEASE, (5) ANY MANAGEMENT CONTRACT HAVING A TERM IN EXCESS OF ONE YEAR, (6) THE ESTIMATED OR ACTUAL BUDGET FOR THE CONDOMINIUM, (7) ANY LEASE OF RECREATIONAL OR OTHER FACILITIES THAT WILL BE USED ONLY BY THE UNIT

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OWNERS, (8) ANY LEASE OF RECREATIONAL OR OTHER FACILITIES THAT WILL OR MAY BE USED BY THE UNIT OWNERS WITH OTHERS, and (9) A STATEMENT SETTING FORTH THE EXTENT OF THE SELLER'S COMMITMENT TO BUILD AND/OR SUBMIT ADDITIONAL UNITS, ADDITIONAL RECREATIONAL OR OTHER FACILITIES, OR ADDITIONAL PROPERTY. A DATED, WRITTEN ACKNOWLEDGEMENT OF RECEIPT OF ALL SAID ITEMS SIGNED BY THE BUYER SHALL BE PRIMA FACIE EVIDENCE OF THE DATE OF DELIVERY OF SAID ITEMS."'
`Section 2. This Act shall become effective on July 1, 1980.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.
Editorial Note: There are (2) two Section 2. They appear in this manner in the enrolled Act.

STATE BOARD FOR CERTIFICATION OF LIBRARIANS AMENDED.
No. 912 (House Bill No. 629).
AN ACT
To amend an Act establishing a State Board for the Certification of Librarians, approved March 31, 1937 (Ga. Laws 1937, p. 245), as amended, so as to provide for renewal fees; to provide for duplicate certificates; to provide for duplicate certificate fees; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act establishing a State Board for the Certification of Librarians, approved March 31, 1937 (Ga. Laws 1937, p. 245), as amended, is hereby amended by adding at the end of Section 5 the following:

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"All certificates issued under this Chapter will expire every two years on the 31st day of December beginning in 1979 unless a renewal fee to be set by the Board is paid. Anyone not renewing his certificate by December 31 of each odd-numbered year may renew his expired certificate by paying all back fees plus a penalty to be set by the Board.
Any certified librarian requesting a duplicate certificate shall be charged a fee as shall be set by the Board.",
so that when so amended, Section 5 shall read as follows:
"Section 5. All applicants for a librarian's certificate shall file an application with the Joint Secretary, State Examining Boards, accompanied by a fee which shall be set by the Board, and said Joint Secretary shall remit the same to the State Treasury, such fees shall be used only for the purpose of carrying out the provisions of this Act and payment of the necessary expenses contemplated under Chapter 84-1 of the Code. The same jurisdiction, duties, powers, and authority which the Joint Secretary, State Examining Boards, has with reference to other examining boards is hereby conferred upon him with respect to the State Board for the Certification of Librarians. All certificates issued under this Chapter will expire every two years on the 31st day of December beginning in 1979 unless a renewal fee to be set by the Board is paid. Anyone not renewing his certificate by December 31 of each odd-numbered year may renew his expired certificate by paying all back fees plus a penalty to be set by the Board.
Any certified librarian requesting a duplicate certificate shall be charged a fee as shall be set by the Board."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

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TAXATION OF CERTAIN DEEDS.
Code Title 91A Amended.
No. 913 (House Bill No. 651).
AN ACT
To amend an Act providing for a tax on certain deeds, instruments and other writings transferring real estate, approved April 18, 1967 (Ga. Laws 1967, p. 788), as amended, so as to exempt from taxation deeds, instruments and other writings to which the United States, the State of Georgia, any agency, board, commission, department or political subdivision of either the United States or the State of Georgia, or any public authority or nonprofit public corporation is a party; to amend Code Section 91A-3003 (3) of Code Title 91A of the Code of Georgia (Ga. Laws 1978, pp. 309, 501), relating to the exemption of certain instruments from taxation so as to incorporate the aforesaid exemption into Code Title 91A of the Code of Georgia (Ga. Laws 1978, p. 309), which Code Title is known as the Georgia Public Revenue Code; to provide for automatic repeal of certain provisions of this Act as of the effective date of said Code Title 91 A; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing for a tax on certain deeds, instruments and other writings transferring real estate, approved April 18, 1967 (Ga. Laws 1967, p. 788), as amended, is hereby further amended by striking Section 3 thereof in its entirety and by inserting in lieu thereof a new Section 3 to read as follows:
"Section 3. The tax imposed by Section 1 of this Act shall not apply to any deed, instrument or other writing given to secure a debt; nor shall said tax apply to any deed of gift from any grantor or grantors to any grantee or grantees, or to any deed, instrument or other writing to which any of the following is a party: the United States, the State of Georgia, any agency, board, commission, department or political subdivision of either the United States or the State of Georgia, any public authority or nonprofit public corporation. Provided, however, in order to exercise the exemption the total con-

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GENERAL ACTS AND RESOLUTIONS, VOL. I

sideration for the transfer shall be shown. Provided, further, that the tax imposed by Section 1 shall not apply to any lease of lands, tenements, standing timber or other realty or any lease of any estate, interest or usufruct therein; provided, further that the tax imposed by Section 1 shall not apply to any transfer of real estate between a husband and wife in connection with a divorce case; provided, further, that the tax imposed by Section 1 of this Act shall not apply to an order for year's support awarding an interest in real property as provided in Code Section 113-1066.1; provided, further, that the tax imposed on Section 1 of this Act shall not apply to any deed issued in lieu of foreclosure if the deed issued in lieu of foreclosure is for a purchase money deed to secure debt that has been in existence and properly executed and recorded for a period of twelve months prior to the recording of the deed in lieu of foreclosure."
Section 2. Code Title 91A of the Code of Georgia (Ga. Laws 1978, p. 309), which Code Title is known as the Georgia Public Revenue Code, is hereby amended by striking in its entirety Section 91A-3003 (3) of Code Title 91A of the Code of Georgia (Ga. Laws 1978, pp. 309, 501), relating to the exemption of instruments and writings executed by agencies and political subdivisions of the State and the United States and by public authorities and nonprofit public corporations, and substituting in lieu thereof a new Section 91A3003 (3) of Code Title 91A of the Code of Georgia, to read as follows:
"(3) Any deed, instrument or other writing to which any of the following is a party: the United States, the State of Georgia, any agency, board, commission, department or political subdivision of either the United States or the State of Georgia, any public authority or any nonprofit public corporation."
Section 3. Section 1 of this Act is hereby repealed effective January 1,1980.
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 5. Notwithstanding Section 4 of this Act to the contrary, Section 2 of this Act shall not become effective until January 1, 1980.

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Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

SHERIFFS' LIABILITY FOR MISCONDUCT OF JAILERS.
Code Section 24-2812 Amended.
No. 914 (House Bill No. 655).
AN ACT
To amend Code Section 24-2812, relating to the liability of a sheriff for the misconduct of the jailers, so as to provide for conditions of such liability; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 24-2812, relating to the liability of a sheriff for the misconduct of the jailers, is hereby amended by adding at the end thereof the following:
"Provided that the sheriff shall not be liable for such misconduct, and no claim or cause of action against the sheriff for such misconduct shall exist, unless one of the following conditions exists:
1. The sheriff personally benefits financially from the act complained of; or
2. The sheriff was personally aware of and had actual knowledge of the act complained of, had actual knowledge that the act was illegal, contrary to law or the breach of a duty imposed by law, and either acted to cause or failed to prevent the act complained of; or

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3. The sheriff failed to exercise ordinary care and diligence to prevent the condition or act which proximately caused the injury complained of.",
so that when so amended Code Section 24-2812 shall read as follows:
"24-2812. Liability for misconduct of jailer. Sheriffs are liable for the misconduct of the jailers, as they are liable for their deputies; and persons injured by the jailer have the same option in suing on the jailer's bond that they have in suing on the deputy's bond. Provided that the sheriff shall not be liable for such misconduct, and no claim or cause of action against the sheriff for such misconduct shall exist, unless one of the following conditions exists:
1. The sheriff personally benefits financially from the act complained of ; or
2. The sheriff was personally aware of and had actual knowledge of the act complained of, had actual knowledge that the act was illegal, contrary to law or the breach of a duty imposed by law, and either acted to cause or failed to prevent the act complained of ; or
3. The sheriff failed to exercise ordinary care and diligence to prevent the condition or act which proximately caused the injury complained of."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

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SHERIFFS' BONDS.
Code Section 24-2805 Amended.
No. 915 (House Bill No. 656).
AN ACT
To amend Code Section 24-2805, relating to bonds which must be given by sheriffs, as amended by an Act approved March 31, 1965 (Ga. Laws 1965, p. 448), and by an Act approved April 18, 1975 (Ga. Laws 1975, p. 921), so as to provide for conditions of liability under the sheriff's bond; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 24-2805, relating to bonds which must be given by sheriffs, as amended by an Act approved March 31, 1965 (Ga. Laws 1965, p. 448), and by an Act approved April 18, 1975 (Ga. Laws 1975, p. 921), is hereby amended by adding at the end thereof the following:
"Provided that no claim or cause of action shall exist against the bond, the security or the principal, and no claim or cause of action for any indemnification by the security or the principal shall exist, unless one of the following conditions exists:
(1) The principal personally benefits financially from the act complained of; or
(2) The principal was personally aware of and had actual knowledge of the act complained of, had actual knowledge that the act was illegal, contrary to law or the breach of a duty imposed by law, and either acted to cause or failed to prevent the act complained of; or
(3) The principal failed to exercise ordinary care and diligence to prevent the condition or act which proximately caused the injury complained of.",

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so that when so amended Code Section 24-2805 shall read as follows:
"24-2805. They shall also give a bond, with at least two sureties, in the sum of $25,000 which amount may be increased in any county by local Act, conditioned for the faithful performance of their duties as sheriffs, by themselves, their deputies, and their jailers, and upon the terms required by law. Provided that no claim or cause of action shall exist against the bond, the security or the principal, and no claim or cause of action for any indemnification by the security or the principal shall exist, unless one of the following conditions exists:
(1) The principal personally benefits financially from the act complained of; or
(2) The principal was personally aware of and had actual knowledge of the act complained of, had actual knowledge that the act was illegal, contrary to law or the breach of a duty imposed by law, and either acted to cause or failed to prevent the act complained of; or
(3) The principal failed to exercise ordinary care and diligence to prevent the condition or act which proximately caused the injury complained of."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

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EXECUTIVE REORGANIZATION ACT OF 1972 AMENDED. DIVISION OF FORENSIC SCIENCES OF BUREAU OF INVESTIGATION.
No. 916 (House Bill No. 688).
AN ACT
To amend an Act known as the "Executive Reorganization Act of 1972," approved April 6, 1972 (Ga. Laws 1972, p. 1015), as amended, so as to change the provisions relating to the Georgia Bureau of Investigation; to provide for the State Crime Laboratory to be a separate division within the Georgia Bureau of Investigation to be known as the Division of Forensic Sciences; to provide that the director of the division shall be the Chief Medical Examiner of the State of Georgia; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act known as the "Executive Reorganization Act of 1972," approved April 6, 1972 (Ga. Laws 1972, p. 1015), as amended, is hereby amended by striking Section 2506 in its entirety and inserting in lieu thereof a new Section 2506 to read as follows:
"Section 2506. Additional functions transferred to Bureau. The functions assigned to the State Crime Laboratory by an Act known as the `Georgia Post Mortem Examination Act,' approved March 11, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 602), as amended, and any other functions of said State Crime Laboratory except the policy-making functions transferred to the Board of Public Safety by Section 1609 of the Executive Reorganization Act of 1972, are transferred to the Georgia Bureau of Investigation. Said functions shall be carried out by a division within the Georgia Bureau of Investigation to be known as the Division of Forensic Sciences. The functions assigned to the Georgia Crime Information Center by an Act providing for the establishment of the Georgia Crime Information Center, approved April 19, 1973 (Ga. Laws 1973, p. 1301), except the policy-making functions transferred to the Board of Public Safety by Section 1609 of the Executive Reorganization Act of 1972, are transferred to the Georgia Bureau of Investigation. Unless inconsistent with this Act, any reference in Georgia laws to the Georgia Crime Information Center means the Georgia Bureau of

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Investigation created by this Act and any reference in Georgia laws to the State Crime Laboratory means the Division of Forensic Sciences within the Georgia Bureau of Investigation."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

ALCOVY JUDICIAL CIRCUIT -- JUDGES' COMPENSATION.
No. 917 (House Bill No. 696).
AN ACT
To amend an Act creating a new judicial circuit for the State of Georgia known as the Alcovy Judicial Circuit, approved March 9, 1972 (Ga. Laws 1972, p. 152), as amended, particularly by an Act approved March 30, 1977 (Ga. Laws 1977, p. 1217), and an Act approved March 16, 1978 (Ga. Laws 1978, p. 1064), so as to repeal the expense allowances for the judges of said circuit; to provide a salary supplement for the judges of said circuit; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a new judicial circuit for the State of Georgia known as the Alcovy Judicial Circuit, approved March 9, 1972 (Ga. Laws 1972, p. 152), as amended, particularly by an Act approved March 30, 1977 (Ga. Laws 1977, p. 1217), and an Act approved March 16, 1978 (Ga. Laws 1978, p. 1064), is hereby amended by striking Section 2A which reads as follows:
"Section 2A. In addition to the salary and contingent expense allowance payable from State funds, the Judge of the Superior Court of the Alcovy Judicial Circuit shall receive, effective July I 1977, an expense allowance of $250.00 per month, and effective July 1,

GEORGIA LAWS 1980 SESSION

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1979, an expense allowance of $300.00 per month; provided, however, said $250.00 expense allowance may be reduced to $200.00 per month by resolution of the Board of Commissioners of Newton County passed prior to June 1, 1977; and provided, further, said $300.00 expense allowance may be reduced to $250.00 per month by resolution of the Board of Commissioners of Newton County passed prior to June 1, 1979. Such expense allowance shall be paid from the funds of Newton County.",
in its entirety and inserting in lieu thereof a new Section 2A to read as follows:
"Section 2A. In addition to the salary and contingent salary supplement payable from State funds, the Judge of the Superior Court of the Alcovy Judicial Circuit shall receive, effective July 1, 1977, a salary supplement of $250.00 per month, and effective July 1, 1979, a salary supplement of $300.00 per month; provided, however, said $250.00 salary supplement may be reduced to $200.00 per month by resolution of the Board of Commissioners of Newton County passed prior to June 1, 1977; and provided, further, said $300.00 salary supplement may be reduced to $250.00 per month by resolution of the Board of Commissioners of Newton County passed prior to June 1, 1979. Such salary supplement shall be paid from the funds of Newton County."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that local legislation will be introduced in the 1979 Session of the General Assembly of Georgia to amend the current law providing for county supplements to Superior Court Judges of the Alcovy Judicial Circuit so that the word expense supplement is changed to salary supplement to reflect the current practices of the county in connection with such supplement, without

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increasing the amount of said supplement, to repeal conflicting laws, and for other purposes.

This the 8th day of January, 1979.

Philip A. Johnson Representative, 74th District

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Philip A. Johnson, who, on oath, deposes and says that he/she is Representative from the 74th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Covington News which is the official organ of Newton County, on the following dates: January 18, 1979, January 25, 1979, andFebruary 1, 1979.

Is/ Philip A. Johnson Representative, 74th District

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Sworn to and subscribed before me; this 12th day of February, 1979.
Isi Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 20, 1980.

CONTROL AND TAXATION OF WINES WITHIN BOUNDARIES OF AIRPORTS.
Code Section 58-828 Amended.
No. 918 (House Bill No. 717).
AN ACT
To amend Code Section 58-828, relating to the control and taxation of wines within the boundaries of airports, so as to authorize the sale, storage and distribution of wines within the boundaries of airports owned or operated, or both, by counties or municipalities, and to authorize the regulation and taxation of, and exercise of police powers over, the sale, storage and distribution of wines by the county or municipality owning or operating, or owning and operating such airports and to prohibit other counties or municipalities from regulating, taxing or exercising police powers over the sale, storage and distribution of wines within such airport boundaries; to provide for certain future contingencies; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 58-828, relating to the control and taxation of wines within the boundaries of airports, is hereby amended by striking said Section, which reads as follows:
"58-828. Control and taxation of wines within the boundaries of airports. Notwithstanding any other provision of law to the contrary, no county or municipality may control, tax, regulate or exercise police powers over the sale, storage, or distribution of wine within the boundaries of an airport owned or operated by another municipality or county.",
in its entirety and substituting in lieu thereof a new Code Section 58-828 to read as follows:
"58-828. Control and taxation of wines within the boundaries of airports, (a) Notwithstanding any other provisions of law, any county or municipality may authorize through proper resolution or ordinance the issuance of licenses to sell wines and to store and distribute wines within the boundaries of any airport owned or operated, or both, by such county or municipality, regardless of where such airport may be located, whether within or without or partly within and partly without the county which owns or operates, or owns and operates the airport, or whether within or without or partly within and partly without the corporate limits of the municipality which owns or operates, or owns and operates, the airport, or within or without or partly within and partly without the county or counties in which such municipality may, in whole or in part, be located, and regardless of whether the sale of wines is permissible within the municipality or municipalities or the county or counties, wherein such airport may, in whole or in part, be located.
(b) For the purposes of regulating and taxing the sale and the storage and distribution of wines, the airport boundaries of an airport owned or operated or both, by a county or municipality shall be treated (i), if the airport is owned or operated, or both, by aj county, as though said airport boundaries were located entirely within the boundaries of the county which owns or operates, or owns and operates, the same or (ii), if the airport is owned or operated, or both, by a municipality, as though said airport boundaries were located entirely within the corporate limits of that municipal-

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ity and entirely within the boundaries of the county in which the greater portion of the municipality owning or operating, or owning and operating, the airport lies.
(c) It is the intention of this Section that no county or municipality may control, tax, regulate or exercise police powers over the sale, storage or distribution, or any of them, of wines, within the boundaries of an airport owned or operated, or both, by another municipality or county.
(d) In the event the sale of wine is authorized pursuant to this section within a county in which the sale of wine is not otherwise lawful and the sale of wine later becomes otherwise lawful in such county, the provisions of this section shall not apply to the sale of wine in airports, or any part of an airport, located in that county."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

GEORGIA PORTS AUTHORITY ACT AMENDED ARREST POWER OF INVESTIGATORS.
No. 919 (House Bill No. 748).
AN ACT
To amend an Act creating the Georgia Ports Authority, approved March 9, 1945 (Ga. Laws 1945, p. 464), as amended, particularly by an Act approved April 4, 1963 (Ga. Laws 1963, p. 342), and as further amended by an Act approved April 7, 1976 (Ga. Laws 1976, p. 1640), so as to provide Ports Authority investigators with powers of arrest and law enforcement; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia:
Section I. An Act creating the Georgia Ports Authority, approved March 9, 1945 (Ga. Laws 1945, p. 464), as amended, particularly by an Act approved April 4, 1963 (Ga. Laws 1963, p. 342), and as further amended by an Act approved April 7, 1976 (Ga. Laws 1976, p. 1640), is hereby amended by inserting a new subsection after subsection (e) of Section 4A, to be designated as subsection (f) and to read as follows:
"(f) While in the performance of their duties, those regular employees of the Georgia Ports Authority designated as investigators shall have the same powers of arrest and the same powers to enforce law and order as the sheriff of the county and the chief of police of the county or municipality in this State wherein any such investigator is performing his duty. While in the performance of their duties, any such investigators shall be authorized to exercise such powers and duties as are authorized by law for members of the Uniform Division of the Department of Public Safety. Such investigators shall be subject to the requirements of the `Georgia Peace Officer Standards and Training Act,' approved March 10, 1970 (Ga. Laws 1970, p. 208), as amended, and are hereby specifically required to complete the training required for peace officers by said Act."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

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INSURANCE PREMIUM FINANCE COMPANY ACT AMENDED - HEARINGS, EXPENSES, ETC.
No. 920 (House Bill No. 772).
AN ACT
To amend an Act known as the "Insurance Premium Finance Company Act," approved April 23, 1969 (Ga. Laws 1969, p. 561), as amended, particularly by an Act approved April 24, 1975 (Ga. Laws 1975, p. 1234), so as to authorize certain penalties; to change certain provisions relating to hearings; to change provisions relating to expense of examinations; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act known as the "Insurance Premium Finance Company Act," approved April 23, 1969 (Ga. Laws 1969, p. 561), as amended, particularly by an Act approved April 24, 1975 (Ga. Laws 1975, p. 1234), is hereby amended by striking subsection (f) of Section 6 in its entirety and inserting in lieu thereof a new subsection (f) of Section 6, to read as follows:
"(f) Such company has violated any of the provisions of this Act. Before the Commissioner shall revoke, suspend, or refuse to renew the license of any premium finance company, he shall give to such person an opportunity to be fully heard and to introduce evidence in his behalf. In lieu of revoking or suspending the license for any of the causes enumerated in this Section, after hearing, as herein provided, the Commissioner shall have the authority to place the premium finance company on probation for a period of time not to exceed one year and may subject such company to a penalty of not more than $1,000.00 for each offense when, in his judgment, he finds that the public interest would not be harmed by the continued operation of such company. The Commissioner shall also have the authority, after a hearing, as provided for herein, to subject any person or entity who is acting as a premium finance company in this State without a license as provided for by this Act, to a penalty of not more than $ 1,000.00 for each violation of this Act. The amount of any penalty shall be paid by such company, person, or entity to the Commissioner for the use of the State. At any hearing

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provided by this Section, the Commissioner or his designee shall have authority to administer oaths to witnesses. Anyone testifying falsely, after having been administered such oath, shall be subject to the penalty of perjury.
Any hearings provided for in this Act shall be conducted in accordance with the provisions of Chapter 56-2 of the Georgia Insurance Code. Any action of the Commissioner in refusing to issue or renew a license, or in assessing a monetary fine, shall be subject to review as provided in Chapter 56-2."
Section 2. Said Act is further amended by striking from Section 7 thereof the following:
"but shall not exceed two hundred fifty ($250.00) dollars",
and substituting in lieu thereof the following:
"as provided in the case of examinations of insurers conducted pursuant to Code Section 56-212",
so that when so amended Section 7 shall read as follows:
"Section 7. Books and records. Every licensee shall maintain records of its premium finance transactions and the said records shall be open to examination and investigation by the Commissioner. The Commissioner may, at any time, require any licensee to bring such records as he may direct to the Commissioner's office for examination, or if he deems it necessary, the Commissioner or his duly authorized representative may conduct an examination of such records on the premises of the licensee. The expense of any on-thepremise examination shall be borne by the licensee, as provided in the case of examinations of insurers conducted pursuant to Code Section 56-212.
Every licensee shall preserve its records of such premium finance transactions, including cards used in a card system, for at least three years after making the final entry in respect to any premium finance agreement. The preservation of records in photographic form shall constitute compliance with this requirement."

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

MOTOR VEHICLE CERTIFICATE OF TITLE ACT AMENDED.
No. 921 (House Bill No. 785).
AN ACT
To amend an Act known as the "Motor Vehicle Certificate of Title Act," approved March 3, 1961 (Ga. Laws 1961, p. 68), as amended, so as to provide for the automatic lapse of the effectiveness of the perfection of a security interest or lien in a "previously registered vehicle"; to provide for the filing of a continuation statement of a notice of security interest or lien in a "previously registered vehicle"; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section i. An Act known as the "Motor Vehicle Certificate of Title Act," approved March 3, 1961 (Ga. Laws 1961, p. 68), as iamended, is hereby amended by striking Section 42 in its entirety and inserting in lieu thereof a new Section 42 to read as follows:
"Section 42. Filing and record of notices of security interests; examination of record, (a) The commissioner shall file each notice of security interest received by him with the required fee and maintain a record of all notices of security interest filed by him:
(1) Alphabetically, under the name of the owner;

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(2) Under the identifying number of the vehicle; and
(3) In the discretion of the commissioner, in any other method he determines.
(b) The commissioner need not maintain, in the record provided for in subsection (a), any reference to a security interest in a previously registered vehicle after the commissioner files a notice of release of the security interest or issues a certificate of title of the vehicle containing the name of the lienholder, or a notice when its effectiveness has lapsed as hereinafter provided.
(c) The commissioner, before issuing or reissuing a certificate of title, shall check the name of the owner and the identifying number of the vehicle against the record provided for in subsection (a).
(d) Except as otherwise provided in this Section, a notice of security interest or lien in a previously registered vehicle filed on or after July 1, 1979, is effective for a period of five (5) years from the date of filing. The effectiveness of the notice lapses on the expiration of the five (5) year period unless a continuation statement is filed prior to the lapse. If the security interest becomes unperfected upon lapse, it is deemed to have been unperfected as against a person who became a purchaser or lien creditor before lapse.
(e) A continuation statement may be filed by the secured party within sixty (60) days prior to the expiration of the five (5) year period specified in subsection (d). Any such continuation statement must be signed by the secured party, identifying the original notice by the name of the debtor and a description of the pledged vehicle by year model, make, and manufacturer's identification number and state that the original statement is still effective. Upon timely filing of the continuation statement, the effectiveness of the original notice is continued for five (5) years from the filing of the continuation statement whereupon it lapses in the same manner as an original notice unless another continuation statement is filed prior to such lapse. Succeeding continuation statements may be filed in the same manner to continue the effectiveness of the original statement.
(f) Any notice of secured interest or lien filed prior to July 1, 1980, shall lapse after the expiration of a period of six (6) years

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from the date of filing or on July 1, 1981, whichever occurs last, unless a continuation statement is filed within sixty (60) days prior to its lapse as provided in this subsection.
(g) It shall be the duty' of all secured interest or lienholders to file all continuation statements on a timely basis without demand from the commissioner."
Section 2. This Act shall become effective on July 1, 1980.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

GEORGIA INDUSTRIAL LOAN ACT AMENDED.
No. 922 (Senate Bill No. 355).
AN ACT
To amend an Act known as the "Georgia Industrial Loan Act," approved March 4, 1955 (Ga. Laws 1955, p. 431), as amended, so as to change the rate of interest; to change the loan balance on which a fee may not be charged or collected on a loan made to the same borrower during the immediately preceding two months period of time; to provide an effective date; to provide for automatic repeal and reinstatement of previous provisions; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act known as the "Georgia Industrial Loan Act," approved March 4, 1955 (Ga. Laws 1955, p. 431), as amended, is hereby amended by striking the figure "8" in subsection (a) of Section 15 in its entirety and inserting in lieu thereof the figure "10" and by striking the figure "100.00" in subsection (b) of Section 15

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in its entirety and inserting in lieu thereof the figure "200.00", so that subsections (a) and (b) of Section 15, when so amended, shall read as follows:
"(a) Charge, contract for, receive and collect interest at a rate not to exceed 10 percent per annum of the face amount of the contract, whether repayable in one single payment or repayable in monthly or other periodic installments. On loan contracts repayable in 18 months or less, the interest may be discounted in advance, and on contracts repayable over a greater period, the interest shall be added to the principal amount of the loan. On all contracts, interest or discount shall be computed proportionately on equal calendar months.
(b) In addition thereto, charge, contract for, receive or collect at the time the loan is made, a fee in an amount not greater than 8 percent of the first $600.00 of the face amount of the contract, plus 4 percent of the excess; provided, however, that such fee shall not be charged or collected on that part of a loan which is used to pay or apply on a prior loan, or installment of a prior loan from the same licensee to the same borrower made within the immediately preceding six months period; provided, however, if the loan balance is $ 200.00 or less, the said period shall be 2 months, not 6 months; provided, further, that nothing contained in subsections 15(a) and 15(b) shall be construed to permit charges, interest or fees of any nature whatsoever in the aggregate in excess of the charges, interest and fees which would constitute a violation of Section 57-117 of the Code of Georgia of 1933 and the repeals hereinafter set forth in this Act shall in no wise affect Section 57-117 and Section 57-9901 of the Code of Georgia of 1933. If a borrower prepays his entire loan to a licensee and within the following 15 days makes a new loan with that licensee, (and if this is done within the 6 months period or the 2 months period above described, as may be applicable), the fee may be charged only on the excess by which the face amount of the new contract exceeds the amount which the borrower repaid to that licensee within the said 15-day period."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. The provisions of quoted subsection (a) of Section 1 of this Act shall automatically stand repealed on July 1, 1981, and

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subsection (a) of Section 15, specifically including the rate of interest applicable to loan contracts, of the "Georgia Industrial Loan Act," approved March 4, 1955 (Ga. Laws 1955, p. 431), as said Act existed on January 1, 1980, shall be reinstated and become of full force and effect.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

INTEREST AND USURY ^INTEREST RATES.
Code Title 57 Amended.
No. 923 (Senate Bill No. 389).
AN ACT
To amend Code Title 57, relating to interest and usury, as amended, so as to authorize insured financial institutions to make certain type loans; to provide for the rate of interest and the fee which may be charged and collected on such loans; to provide for the method of calculating interest in the event the term of the loan is reduced for any reason; to provide for other matters relative to the foregoing; to provide for future repeal; to provide that the rate of interest authorized in Code Section 57-116 shall be applicable to loans executed under the provisions of an Act relating to charges and interest on loans secured by secondary security deeds; to amend an Act regulating charges and interest on loans secured by secondary security deeds on certain residential property subject to a prior lien or security deed, approved March 16, 1966 (Ga. Laws 1966, p. 574), as amended, particularly by an Act approved April 24, 1975 (Ga. Laws 1975, p. 1114) and an Act approved April 17, 1979 (Ga. Laws 1979, p. 1281), so as to provide that the interest that may be charged on such loans shall be that authorized by Code Section 57116 as it now exists or may hereafter be amended; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia:
Section 1. Code Title 57, relating to interest and usury, as amended, is hereby amended by adding a new Code Section 57101.2, relating to loans by insured financial institutions, immediately following Code Section 57-101.1 to read as follows:
"57-101.2. Loans by insured financial institutions, (a) Any financial institution in this state that accepts deposits which are insured by the Federal Deposit Insurance Corporation, the National Credit Union Administration, the Georgia Credit Union Deposit Insurance Corporation, or the Federal Savings and Loan Insurance Corporation may charge the interest rates authorized on the loan transactions described below:
(1) On single-payment or balloon payment loans, such financial institutions may charge, take, or contract to take a rate of interest not to exceed 16 percent per annum simple interest or a fee of $25.00, whichever is greater.
(2) On demand notes payable at irregular intervals, other than those transactions which could be made under Code Section 57-116 of this chapter, such financial institutions may charge, take, or contract to take a rate of interest not to exceed 16 percent per annum simple interest or a fee of $25.00, whichever is greater.
(3) The $25.00 fee shall not be considered interest and shall not be taken into account in the calculation of interest.
(b) If interest on any note computed under this section is precomputed for the term of the loan at the time the loan is made and the loan term is later reduced either by prepayment, default, or acceleration or other legal cause, any unearned portion of the precomputed interest shall be credited back against the total of payments to the effect that the loan for the actual term, as so reduced, shall bear interest at the actuarial rate permitted by this section or a $25.00 minimum charge, whichever is greater.
(c) Nothing in this section shall be construed to amend, modify, or repeal Code Section 57-101.1, relating to interest rates on real estate loans, as amended, or Code Section 57-116, relating to inter-

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est on loans repayable in installments, as amended, or Code Section 57-118, relating to interest payable by profit corporations or persons on loans in excess of $3,000.00, as amended, or Code Section 57-119, relating to interest rates on loans of $100,000.00 or more, or permit a rate of interest higher than that authorized by Code Section 57-116 if the loan is one to be paid back in weekly, monthly, quarterly, semiannual, or yearly installments.
(d) This Code section shall stand repealed on July 1, 1981."
Section 2. Said Code title is further amended by adding at the end of Code Section 57-116, relating to the rate of interest on installment loans, as amended, the following:
"The rate of interest authorized in this Code section as it may be from time to time amended shall be applicable to loans executed under the provisions of an Act relating to charges and interest on loans secured by secondary security deeds, approved March 16, 1966 (Ga. Laws 1966, p. 574), as it now exists or may hereafter be amended."
Section 3. An Act regulating charges and interest on loans secured by secondary security deeds on certain residential property subject to a prior lien or security deed, approved March 16, 1966 (Ga. Laws 1966, p. 574), as amended, particularly by an Act approved April 24, 1975 (Ga. Laws 1975, p. 1114) and an Act approved April 17, 1979 (Ga. Laws 1979, p. 1281), is hereby amended by striking subsection (d) of Section 2 in its entirety and substituting in lieu thereof a new subsection (d) to read as follows:
"(d) Notwithstanding the method used for the computation of interest, interest may be charged on the principal amount of the loan as hereinbefore defined at the rate authorized and computed in accordance with the provisions of Code Section 57-116 relating to interest on loans to be repaid in weekly, monthly, quarterly, semiannual or yearly installments, as it now exists or may hereafter be amended."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

INTEREST AND USURY -- RATE OF INTEREST ON COMMERCIAL ACCOUNTS.
Code Title 57 Amended.
No. 924 (House Bill No. 708).
AN ACT
To amend Code Title 57, relating to interest and usury, as amended, so as to provide for the payment of interest on commercial accounts; to define "commercial account"; to clarify the method of computing the rate equivalent when the term of the loan is not in even calendar months and to change the legal rate of interest on loans to be repaid in installments; to provide an effective date; to provide for automatic repeal of the interest rate provisions; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section I. Code Title 57, relating to interest and usury, as amended, is hereby amended by striking Code Section 57-111, relating to merchants' accounts, in its entirety and inserting in lieu thereof a new Code Section 57-111, relating to the rate of interest on commercial accounts, to read as follows:
"57-111. Rate of interest on commercial accounts. Unless otherwise provided in writing signed by the obligor, a commercial account becomes due and payable upon the date a statement of the account is rendered to the obligor. The owner of a commercial account may charge interest on that portion of a commercial

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account which has been due and payable for 30 days or more at a rate not in excess of 1 1/2 percent per month calculated on the amount owed from the date upon which it became due and payable until paid. `Commercial account' means an obligation for the payment of money arising out of a transaction to sell or furnish, or the sale of, or furnishing of goods or services other than a `retail installment transaction' as defined in paragraph (a)(6) of Section 2 of an Act known as `The Retail Installment and Home Solicitation Sales Act.'"
Section 2. Said Code title is further amended by striking Code Section 57-116, relating to the legal rate of interest on loans to be repaid in weekly, monthly, quarterly, semiannual, or yearly installments, as amended, in its entirety and inserting in lieu thereof a new Code Section 57-116 to read as follows:
"57-116. Interest on loans repayable in weekly, monthly, quarterly, semiannual, or yearly installments. Any person, natural or artificial, in this state, lending money to be paid back in weekly, monthly, quarterly, semiannual, or yearly installments, may charge interest thereon at 9 percent per annum or less for the entire period of the loan, aggregating the principal and interest for the entire period of the loan, and dividing the same into weekly, monthly, quarterly, semiannual, or yearly installments. At the option of the lender, interest may be charged in such cases on the principal amount of the loan at any rate not greater than a rate equivalent to 9 percent per annum computed in accordance with the provisions hereof relative to the charging of interest on loans to be repaid in installments, such equivalent rate to be calculated on the assumption that all scheduled payments will be made when due. If the lender elects to compute interest at the rate equivalent on loans to be repaid in monthly installments, then, for purposes of computing the rate equivalent, the entire term of the loan shall be considered to be the number of whole months within the scheduled payment period disregarding any odd days. Security may be taken for such loans by mortgage with waiver of exemption or title or both, upon and to real estate or personal property or both, and the same shall be valid for the amount of the principal and interest charged; and such contract shall not be held usurious and shall not be subject to any provisions of the `Georgia Industrial Loan Act.'"

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Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 4. The interest rate provisions contained in quoted Code Section 57-116 of Section 2 shall automatically stand repealed on July 1, 1981, and the rate of interest applicable to installment loans under Code Section 57-116, as said Code section existed on January 1, 1980, shall be reinstated and become of full force and effect.
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

GEORGIA INSURANCE CODE AMENDED.
Code Title 56 Amended.
No. 925 (House Bill No. 791).
AN ACT
To amend Code Title 56, known as the Georgia Insurance Code, as amended, so as to change the provisions relating to exemptions from the provisions of said section; to provide that such sections shall not apply to and no such examination shall be required of certain applicants; to change certain designations; to provide for the registration of foreign insurance representatives by domestic life insurers; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Title 56, known as the Georgia Insurance Code, as amended, is hereby amended by redesignating paragraph (g) of subsection (3) of Code Section 56-806b, relating to examination of applicants for certain licenses, as paragraph (h) of subsection (3) and by adding following paragraph (f) of subsection (3) a new paragraph (g) to read as follows:

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"(g) Any applicant for a license as a counselor who shall furnish to the satisfaction of the commissioner proof that he has successfully completed all examinations prescribed by and has received the designation of Certified Insurance Counselor as awarded by the Society of Certified Insurance Counselors."
Section 2. Said Code title is further amended by adding a new Code section immediately following Code Section 56-819a, to be designated Code Section 56-820a, relating to the registration of foreign insurance representatives of domestic life insurers, to read as follows:
"56-820a. Registration of foreign insurance representatives of domestic life insurers. A natural person, not a resident of this state, may be registered to represent an authorized life insurer domiciled in this state provided such person only represents such insurer exclusively at a United States military installation located in a foreign country. The Commissioner may, upon request of such insurer on application forms furnished by the Insurance Department and upon payment of an annual registration fee of $25.00, issue a certificate of registration to such person. An official of the insurer shall certify to the Commissioner that the applicant has the necessary training to hold himself out as a foreign life or accident and sickness insurance representative and the official of the insurer shall further certify on behalf of his or her insurer that it is willing to be bound by the acts of such applicant within the scope of his or her employment. Such certificate shall expire as of December 31 succeeding the date of its issuance unless sooner terminated in accordance with the provisions of this chapter and of Chapter 56-2."
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

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MOTOR VEHICLE CERTIFICATE OF TITLE ACT AMENDED.
No. 926 (House Bill No. 815).
AN ACT
To amend an Act known as the "Motor Vehicle Certificate of Title Act," approved March 3, 1961 (Ga. Laws 1961, p. 68), as amended, particularly by an Act approved March 3, 1964 (Ga. Laws 1964, p. 178), so as to define a homemade trailer for the purposes of the Act; to exclude homemade trailers from the operation of the Act; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act known as the "Motor Vehicle Certificate of Title Act," approved March 3, 1961 (Ga. Laws 1961, p. 68), as amended, particularly by an Act approved March 3, 1964 (Ga. Laws 1964, p. 178), is hereby amended by adding a new subsection at the end of Section 2 thereof, to be designated subsection (p), to read as follows:
"(p) Homemade trailer. A homemade trailer for the purpose of this Act is a vehicle without motive power, designed for carrying persons or property either partially or wholly on its own structure and for being drawn by a self-propelled vehicle, except those running exclusively on tracks, said trailer having been manufactured and constructed from component parts for personal use and not for the purpose of commercial resale."
Section 2. Said Act is further amended by adding a new subsection at the end of Section 4 thereof, to be designated subsection (12), to read as follows:
"(12) A homemade trailer."
Section 3. This Act shall become effective on July 1, 1980.

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Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

GEORGIA MICROFORMS ACT.
Code Title 90 Amended.
No. 927 (House Bill No. 875).
AN ACT
To amend Code Title 90, relating to public printing, as amended, so as to provide for the regulation of microforms; to provide for a short title; to provide that all microforms produced for or by any agency of State government or of any political subdivision of the State shall conform to certain standards; to provide for standards, qualifications, requirements, and restrictions; to provide for practices and procedures; to provide for duties of each public officer or official and each public employee; to provide for exemptions from liability; to provide for construction; to provide for exceptions; to provide for termination; to provide for repeal; to provide for severability; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia;
Section 1. Code Title 90, relating to public printing, as amended, is hereby amended by adding at the end thereof a new Code Chapter 90-4, to read as follows:

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"CHAPTER 90-4 Georgia Microforms Act.
90-401. Microform standards. All microforms produced for, or by, any agency of State government or any of its political subdivisions after July 1, 1980, whether from source documents created after July 1, 1980, or from Computer Output Microfilm, shall conform to the following standards:
(1) Film shall conform to the following standards:
(A) At least one copy shall be silver halide emulsion on a triacetate base, or an equivalent original film of archival quality;
(B) Roll film shall be of 16-mm width except for documents larger than 13" x 17". Drawings, plats, x-rays, and other oversize documents shall be placed on 35-mm microfilm. Oversized documents and Computer Output Microfilm applications may also use 105-mm film;
(C) Microfiche shall be 105 mm x 148 mm;
(D) Density shall be .9 to 1.3 if from paper documents, or 1.7 minimum if from Computer Output Microfilm;
(E) Resolution shall be 90 + lines per millimeter for rotary camera products, or 115+ lines per millimeter for planetary camera products;
. (F) Residual shall be less than 0.7 micrograms per square centimeter of sodium thiosulfate; and
(G) Visibility shall be the entire page of information centered within the frame and free of any obstructions, shadows, or glares which could destroy the legibility of the writing.
(2) Microforms shall carry the following identifications:
(A) Roll film:

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(i) Roll number, to be placed at beginning of roll (visible to naked eye);
(ii) Title page, including Record Series Title, agency, or office of origin, earliest and latest years or dates of materials, included portion of series and reduction ratio, to be placed at beginning of roll and also between record series if more than one are included on the roll;
(iii) Resolution target, at beginning of roll;: :
(iv) Certificate of authenticity containing a statement that the records herein are true and accurate reproductions made in the ordinary course of business* camera operator's name, and date of filming, at end of roll; and
(v) End of roll number
(B) Microfiche (including microfilm jackets):
(i) In print visible to naked eye: Record Series Title, fiche number, and other descriptive data;
(ii) In reduced print in text: Extracted Data Index page(s) containing listing of pages, contents, and location (except for microfilm jacket or microfiche which is entirely an index); and
(iii) In print either reduced or visible to the naked eye: Information identifying office or agency creating the records.
(C) Aperture Card:
(i) Agency or office of origin;
(ii) Record Series Title; and
(iii) Document title or locator number.
90-402. Standards. All microforms produced for, or by, any agency of State government or any of its political subdivisions after

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July 1, 1980, from documents created prior to July 1, 1980, shall conform to the standards contained in Code Section 90-401 above, except that in the case of original documents which are unsuitable for producing quality 16-mm or 35-mm microfilm, when used in a planetary camera, the following targets may also be placed on the unused portion of each page of information:
(1) Faded image;
(2) Page missing;
(3) Red/blue ink;
(4) Water damages; and
(5) Blank page, or any other applicable target to indicate the condition of the original.
The above targets may also be used for 16-mm roll film used in rotary cameras, except that a single target may be used at the beginning of the roll to indicate the condition of the entire series contained on that roll.
90-403. Enforcement. It shall be the duty of each public officer receiving or creating the microforms covered by this Chapter to enforce the provisions of this Chapter.
90-404. Liability. Any public official or his employee who makes a bona fide attempt at compliance with the provisions of this Chapter shall not be liable for any damages arising from the microform's failure to meet the standards provided in this Chapter.
90-405. Construction. Nothing in this Chapter shall be construed to be in conflict with the Georgia Records Act, approved April 7, 1972 (Ga. Laws 1972, p. 1267), as now or hereafter amended. Actions taken subsequent to the procedures promulgated under the Georgia Records Act shall be construed to be compatible with this Chapter, whenever possible. In case of irreconcilable difference between this Chapter and actions taken by the State Records Committee pursuant to the provisions of the Georgia Records Act, the actions of the State Records Committee shall prevail.

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90-406. Evidence. Nothing in this Chapter shall be construed to change any standards relating to the admissibility of microforms into evidence.
90-407. Termination and repeal. The termination date of this Chapter, the Georgia Microforms Act, as now enacted and hereafter amended, shall be June 30, 1986. This Chapter shall stand repealed in its entirety as of July 1, 1986, unless subsequently reenacted by the General Assembly."
Section 2. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

MOTOR VEHICLE SALES FINANCE ACT AMENDED.
No. 928 (House Bill No. 906).
AN ACT
To amend an Act known as the "Motor Vehicle Sales Finance Act," approved April 18, 1967 (Ga. Laws 1967, p. 674), as amended, so as to change the limitations on finance charges; to provide for the computation of finance charges on an actuarial basis in addition to the add-on basis; to delete the acquisition charge; to

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provide for other matters relative thereto; to provide for an effective date; to provide for automatic repeal; to provide for reinstatement of certain finance charges; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section I. An Act known as the "Motor Vehicle Sales Finance Act," approved April 18, 1967 (Ga. Laws 1967, p. 674), as amended, is hereby amended by striking subsection (a) of Section 4 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Notwithstanding the provisions of any other law, the finance charge, exclusive of insurance, and other benefits and official fees, shall not exceed the following rates:
Class 1. Any new motor vehicle designated by the manufacturer by a year model not earlier than the year in which the sale is made and all vehicles not previously titled--$ 10 per $ 100 per year.
Class 2. Any new motor vehicle not in Class 1 and any used motor vehicle designated by the manufacturer by a year model of the same or not more than two years prior to the year in which the sale is made--$ 13 per $ 100 per year.
Class 3. Any used motor vehicle not in Class 2 and designated by the manufacturer by a year model not more than four years prior to the year in which the sale is made--$ 15 per $ 100 per year.
Class 4. Any used motor vehicle not in Class 2 or Class 3 and designated by the manufacturer by a year model more than four years prior to the year in which the sale is made--$17 per $100 per year."
Section 2. Said Act is further amended by striking subsection (c) of Section 4 in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) When a retail installment contract provides for unequal or irregular installment payments, the finance charge may be at a rate which will provide the same yield as is permitted on monthly pay-E!

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ment contracts under subsections (a) and (b), having due regard for the schedule of payments. Notwithstanding the foregoing, a seller who computes a finance charge on an actuarial basis may charge a finance charge, exclusive of insurance and other benefits and official fees, which, when calculated according to the actuarial method, does not exceed the yield which would have been permitted on monthly contracts under subsections (a) and (b), having due regard for the schedule of payments. Provided, however, that, when a seller computes the finance charge according to the actuarial method, then, for purposes of computing the rate, the entire term of the contract shall be considered to be the number of whole months within the scheduled payment period disregarding any odd days."
Section 3. Said Act is further amended by striking Section 5 in its entirety and inserting in lieu thereof a new Section 5 to read as follows:
"Section 5. Credit upon anticipation of payments. Notwithstanding the provisions of any retail installment contract to the contrary, any buyer may pay in full at any time before maturity the debt of any retail installment contract and, in so paying such debt, shall receive a refund credit thereon for such anticipation of payments. The amount of such refund shall represent at least as great a proportion of the finance charge as the sum of the monthly time balance after the month in which prepayment is made bears to the sum of all the monthly time balances under the schedule of payments in the contract. This method of refund upon prepayment is commonly referred to as the `Rule of 78' or the `Sum of the Digits' refund method. Where the amount of credit is less than $1.00, no refund need be made. Provided, however, that this section shall not apply to credit upon anticipation of payments or upon acceleration in those cases where the seller or holder of the contract has computed finance charges according to the actuarial method as set forth in Section 4."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 5. The provisions of quoted subsection (a) of Section 1 of this Act shall automatically stand repealed on July 1, 1981, and subsection (a) of Section 4, specifically including the finance charges applicable to Class 1 and Class 2 motor vehicles, of the "Motor

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Vehicle Sales Finance Act," approved April 18, 1967 (Ga. Laws 1967, p. 674), as said Act existed on January 1, 1980, shall be reinstated and become of full force and effect.
Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

STATE AGENCY MAILING LISTS.
No. 929 (House Bill No. 919).
AN ACT
To require each State agency to annually update its mailing lists; to define a certain term; to prohibit a State agency from mailing publications or materials to previously elected State officers who are no longer in office except upon written request; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS, the various departments and agencies of State government expend large sums of money on mail; and
WHEREAS, such departments and agencies could save State funds by updating their mailing lists.
NOW, THEREFORE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. (a) For the purposes of this Act, the term "State agency" shall mean a department, agency, board, commission or authority of State government.
(b) Each State agency is hereby required to annually update all mailing lists of the agency.

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(c) No State agency shall mail publications or materials to a previously elected State officer who is no longer in office except upon written request.
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

OATHS OF DEPUTY SHERIFFS.
Code Section 89-308 Amended.
No. 930 (House Bill No. 957).
AN ACT
To amend Code Section 89-308, relating to officers before whom oaths of deputies are taken, so as to permit a deputy sheriff to take his oaths before the sheriff; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia;
Section 1. Code Section 89-308, relating to officers before whom oaths of deputies are taken, is hereby amended by adding a new sentence at the end thereof, to read as follows:
"A deputy sheriff may take his oaths before the sheriff and the oaths may be filed in and entered in the records of the sheriff's office.",

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so that when so amended Code Section 89-308 shall read as follows:
"89-308. Oath of deputies.--All deputies, before proceeding to act, shall take the same oaths as their principals take, which shall be filed in and entered on the minutes of the same office, and with the same indorsement thereon; but these provisions shall not apply to any deputy who may be employed in particular cases only. A deputy sheriff may take his oaths before the sheriff and the oaths may be filed in and entered in the records of the sheriff's office."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

THE GEORGIA COURT REPORTING ACT AMENDED iaM TEMPORARY EMPLOYMENT PERMITS.
No. 931 (House Bill No. 1020).
AN ACT
To amend an Act known as "The Georgia Court Reporting Act," approved March 20, 1974 (Ga. Laws 1974, p. 345), so as to change the provisions relating to temporary employment permits; to provide that temporary permits obtained from a judge may be limited by the board only with the concurrence of the issuing judge; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act known as "The Georgia Court Reporting Act," approved March 20, 1974 (Ga. Laws 1974, p. 345), is hereby amended by striking from Section 16 of said Act the following:

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"The board may limit the extent of such temporary permit based upon the need for such temporary employment.",
and inserting in lieu thereof the following:
"The board may limit the extent of any temporary permit obtained from the board, based upon the need of such temporary employment. Temporary permits obtained from a judge may be limited by the board only with the concurrence of the issuing judge.",
so that when so amended Section 16 shall read as follows:
"Section 16. Temporary employment permit. Nothing in this Act shall be construed to prohibit the temporary employment of any person not certified under this Act who has first obtained a temporary permit from the board or from a judge in the circuit in which the cause is pending. The board may limit the extent of any temporary permit obtained from the board, based upon the need of such temporary employment. Temporary permits obtained from a judge may be limited by the board only with the concurrence of the issuing judge."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

GEORGIA BARBER ACT AMENDED.
No. 932 (House Bill No. 1057).
AN ACT
To amend an Act known as the "Georgia Barber Act," approved April 19, 1973 (Ga. Laws 1973, p. 1450), as amended, so as to change the term "barber establishment" to "barbershop"; to change the compensation and allowances of members of the State Board of Barbers; to change the number of inspectors to be employed; to change the requirements for barbers' licenses; to change the expiration period for licenses; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act known as the "Georgia Barber Act," approved April 19, 1973 (Ga. Laws 1973, p. 1450), as amended, is hereby amended by striking from paragraph (h) of Section 3 the following:
" `Barber establishment' ",
and inserting in lieu thereof the following:
" `Barbershop' ",
so that when so amended, paragraph (h) of Section 3 shall read as follows:
"(h) `Barbershop' is the immediate premises upon or within which the practice of barbering is carried on."
Section 1.1. Said Act is further amended by striking in its entirety Section 9 thereof, which reads as follows:
"Section 9. Members of Board; compensation. The members of the Board shall receive $25.00 per day while performing their official duties, in addition to other expenses which may be provided by law.",

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and inserting in lieu thereof a new Section 9 to read as follows:
"Section 9. Members of board; compensation. Each member of the board shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member of the board is in attendance upon official duties of such board, plus either reimbursement for actual transportation costs while traveling by public carrier or the same mileage allowance for use of a personal car in connection with such attendance as members of the General Assembly receive. Such expense and travel allowance shall be paid in lieu of any per diem, allowance, or other remuneration now received by any such member for such attendance."
Section 2. Said Act is further amended by striking from the first sentence of the first unnumbered paragraph of Section 10 the following:
"fivel'yrL
and inserting in lieu thereof the following:
"four",
so that when so amended, the first sentence of the first unnumbered paragraph of Section 10 shall read as follows:
"The Secretary of State shall employ and fix the compensation of four full-time inspectors to aid in the enforcement of this Act."
Section 3. Said Act is further amended by striking from paragraph (b) of Section 14 the following:
"5th",
and inserting in lieu thereof the following:
"7th",
so that when so amended, paragraph (b) of Section 14 shall read as follows:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

"(b) has completed the 7th grade of school instruction or its equivalent; and".
Section 4. Said Act is further amended by striking from paragraph (c) of Section 14 the following:
"and has subsequently served twelve (12) additional months under the supervision of a barber who has for three (3) years held a master barber license,",
and by striking from said paragraph the following:
"barber establishment",
and inserting in lieu thereof the following:
"barbershop",
so that when so amended, paragraph (c) of Section 14 shall read as follows:
"(c) has completed a prescribed course of study of at least 1,500 hours in a licensed or approved barber school, or has served as an apprentice in a barbershop for 3,000 hours under the supervision of a master barber; and".
Section 5. Said Act is further amended by striking from the first unnumbered paragraph of Section 17 the following:
"establishment",
wherever it shall appear and inserting in lieu thereof the following:
"shop",
so that when so amended, the first unnumbered paragraph of Section 17 shall read as follows:
"A license to operate a barbershop shall be issued, renewed or restored to any person who can show that such barbershop:

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533

(a) provides and maintains such physical and sanitary facilities and equipment as may be required by the rules and regulations of the board; and
(b) does not train more than two apprentices, each of whom shall be under the supervision of a master barber, at any one time; and
(c) does business only at the location shown on the application of license."
Section 6. Said Act is further amended by striking from the first sentence of Section 23 the following:
"annually",
and substituting in lieu thereof the following:
"biennially",
so that when so amended, the first sentence of Section 23 shall read as follows:
"All licenses expire biennially at such times as may be designated by the Board."
Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 8. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

CONTRACTS WITH COUNTIES.
Code Section 23-1704 Amended.
No. 933 (House Bill No. 1447).
AN ACT
To amend Code Section 23-1704, relating to bonds required of contractors contracting with counties, as amended, particularly by an Act approved April 5, 1978 (Ga. Laws 1978, p. 2029), so as to increase the minimum contract required to be bonded; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 23-1704, relating to bonds required of contractors contracting with counties, as amended, particularly by an Act approved April 5, 1978 (Ga. Laws 1978, p. 2029), is hereby amended by striking from said section the figures "$1500.00" and inserting in lieu thereof the figures "$5,000.00" and by inserting at the end of said section the words "Provided that nothing in this section shall prohibit any government from requiring such bonds as it may deem necessary for contracts involving work costing less than $5,000.00", so that said section as amended hereby shall read as follows:
"23-1704. Contractors to give bond. Contractors who are awarded contracts shall be required to give bond for the total amount of the bid, with one good and solvent security, for the faithful performance of the contract, and to indemnify the county for any damages occasioned by a failure to perform the same within the prescribed time. It shall be unlawful to let out any contract for building or repairing any public building, bridge, or other public work, unless the provisions of the three preceding sections are complied with; and any contractor doing, or having done, any work of the kind in any other manner shall not be entitled to receive any pay therefor: Provided, that the requirements of these sections shall not apply to the building or repairing of any public bridge, building or other work when the same can be done at a less cost than $5,000.00, but such officer may have such work of building or repairing done by hiring hands and furnishing materials: Provided,

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535

further, that in any county having a public works camp the county commissioners of such county, or other persons having charge of such works, shall have the power and authority to purchase material for, and use the convicts in, building or repairing any public building, bridge causeway, or other public works in such county, and in such cases Sections 23-1701 to 23-1703 shall not apply: Provided, further, in the event the labor used, or to be used, in building or repairing any public building, bridge, causeway, or other public works in any county is furnished, at no expense, to the county by the State or Federal Government, or any agency thereof, the county commissioner or commissioners, or other persons having charge of such works, shall have the power and authority to purchase material for and use the labor furnished free to the county, as aforesaid, and in such case Sections 23-1701 to 23-1703 shall not apply. Where such material is purchased and such work done with the convicts, or labor is furnished as aforesaid, the county authorities of such county may use the funds of said county arising from taxes levied for such purposes in purchasing said materials and in supporting and maintaining the convicts while said work is being done. Provided that nothing in this section shall prohibit any government from requiring such bonds as it may deem necessary for contracts involving work costing less than $5,000.00."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

STATE BOARD OF NURSING HOMES ACT AMENDED.
No. 934 (House Bill No. 1449).
AN ACT
To amend an Act creating the State Board of Nursing Homes, approved April 8, 1968 (Ga. Laws 1968, p. 1143), as amended, so as to change the manner of appointing the members of the board; to continue the board and the laws relating thereto but provide for the later termination of the board and the repeal of the laws relating thereto; to provide for the substitution of experience for academic requirements; to change the amount of the license fee, and its time of expiration and renewal; to provide for fee refunds; to change the compensation and allowances of members of the board; to delete certain requirements regarding an advisory council; to change reciprocity fees; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section p An Act creating the State Board of Nursing Homes, approved April 8, 1968 (Ga. Laws 1968, p. 1143), as amended, is hereby amended by striking Section 2 thereof in its entirety, which reads as follows:
"Section 2. There is hereby created the Georgia State Board of Nursing Home Administrators, which shall consist of thirteen members, none of whom may be employees of the United States Government, or of the State of Georgia, and the Commissioner of Human Resources, or his designee, who shall serve as ex officio member of the board. The members of the board shall be appointed by the Governor with the approval of the Secretary of State, and confirmed by the Senate, as follows:
(a) One member who is a licensed medical doctor in this State and who is not a nursing home administrator or pecuniarily interested in any nursing home, to be appointed from a list of three persons submitted by the Medical Association of Georgia;
(b) One member who is a registered nurse in this State and who is not a nursing home administrator or pecuniarily interested in any nursing home, who may be appointed from a list of three persons submitted by the Executive Board of Georgia Nurses Association;

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(c) One member who is an educator with a graduate degree and specializing in the field of gerontology, and who is not a nursing home administrator or pecuniarily interested in any nursing home;
(d) Three members of the public at large who are not nursing home administrators or pecuniarily interested in any nursing home or have any connection with the nursing home industry whatsoever. Two of these three public-at-large positions shall be appointed from a list of three persons for each of these two positions submitted by the Board of Human Resources. The Governor is vested with complete discretion in appointing the third member for one of these three public-at-large positions;
(e) One member who is a hospital administrator in this State and who is the holder of a master's degree in hospital administration, and who is not a nursing home administrator or pecuniarily interested in any nursing home, to be appointed from a list of three persons submitted by the Georgia Hospital Association;
(f) Six members, at least one of whom shall represent nonproprietary nursing homes, who are licensed nursing home administrators in this State, who may be appointed from a list of three members for each position submitted by the Board of Directors of the Georgia Nursing Home Association, Inc.
The term for all members shall be three years from the date of appointment. A member may be removed for cause by the Governor. All vacancies shall be filled by the Governor for the unexpired terms in accordance with the requirements for appointment to the vacant position.",
and inserting in lieu thereof the following Sections 2 and 2.1 to read as follows:
"Section 2. There is hereby created the Georgia State Board of Nursing Home Administrators, which shall consist of 13 members, none of whom may be employees of the United States government, or of the State of Georgia, and the commissioner of human resources, or his designee, who shall serve as ex officio member of the board. The members of the board shall be appointed by the Governor with the approval of the Secretary of State, and confirmed by the Senate, as follows:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(a) One member who is a licensed medical doctor in this state and who is not a nursing home administrator or pecuniarily interested in any nursing home;
(b) One member who is a registered nurse in this state and who is not a nursing home administrator or pecuniarily interested in any nursing home;
(c) One member who is an educator with a graduate degree and specializing in the field of gerontology, and who is not a nursing home administrator or pecuniarily interested in any nursing home;
(d) Three members of the public at large who are not nursing home administrators or pecuniarily interested in any nursing home or have any connection with the nursing home industry whatsoever. Two of these three public-at-large positions shall be appointed from a list of three persons for each of these two positions submitted by the Board of Human Resources. The Governor is vested with complete discretion in appointing the third member for one of these three public-at-large positions;
(e) One member who is a hospital administrator in this state and who is the holder of a master's degree in hospital administration, and who is not a nursing home administrator or pecuniarily interested in any nursing home;
(f) Six members, at least one of whom shall represent nonproprietary nursing homes, who are licensed nursing home administrators in this state.
The term for all members shall be three years from the date of appointment. A member may be removed for cause by the Governor. All vacancies shall be filled by the Governor for the unexpired terms in accordance with the requirements for appointment to the vacant position.
Section 2.1. Pursuant to Section 9 of `The Act Providing for the Review, Continuation, Reestablishment or Termination of Regulatory Agencies,' approved March 24, 1977 (Ga. Laws 1977, p. 961), as now or hereafter amended, the Georgia State Board of Nursing Home Administrators and the laws relating thereto are hereby con-

GEORGIA LAWS 1980 SESSION

539

tinued until July 1, 1986, at which time the board shall be terminated. Upon its termination, the board shall continue in existence until July 1 of the next succeeding year for the purpose of concluding its affairs and activities. During that termination period, the powers or authority of the board shall not be reduced or otherwise limited. The laws relative to the board shall be continued in effect for the duration of the termination period only for the purpose of concluding its affairs. As of the last day of the termination period, the laws relative to the board shall stand repealed in their entirety. During the termination period, the board shall not issue any new licenses nor renew any licenses nor collect any license fees which were not due and payable prior to the date of termination of the board."
Section 2. Said Act is further amended by adding at the end of subsection (d) of Section 3 thereof the following:
``provided, that two years of experience working in a nursing home shall be equivalent to one year of any academic education and training requirements established by the board, and such experience may be substituted without limitation for such education and training requirements;",
so that when so amended said subsection shall read as follows:
"(d) Meet the standards and the criteria established by the board to evidence the applicant's qualifications by training and experience to operate a nursing home; provided, that two years of experience working in a nursing home shall be equivalent to one year of any academic education and training requirements established by the board, and such experience may be substituted without limitation for such education and training requirements;".
Section 3. Said Act is further amended by striking Section 4 in its entirety, which reads as follows:
"Section 4. Each person licensed as a Nursing Home Administrator shall be required to pay an annual license fee in an amount to be fixed by the Board, which fee shall not exceed one hundred ($100.00) dollars. Said license shall expire on the 31st day of December following its issuance and shall be renewable for a calendar year, upon payment of the annual license fee. Provided, how-

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GENERAL ACTS AND RESOLUTIONS, VOL. I

ever, that no license fee shall be required of any superintendent of a State hospital or facility during such time as the superintendent is acting or serving in the capacity as a Nursing Home Administrator in a State institution and as an employee of the State.",
and inserting in lieu thereof the following:
"Section 4. Each person licensed as a nursing home administrator shall be required to pay a biennial license fee in an amount to be fixed by the board. Said license shall expire on the thirty-first day of December in the second year following its issuance and shall be renewable for two years upon payment of the biennial license fee. Such license fee may be refunded by the board for good cause, as shall be determined by the board. Provided, however, that no license fee shall be required of any superintendent of a state hospital or facility during such time as the superintendent is acting or serving in the capacity as a nursing home administrator in a state institution and as an employee of the state."
Section 4. Said Act is further amended by striking from Section 6 thereof the following:
"Each member shall receive, as full compensation for his services, the sum of $25.00 per diem. All members shall be allowed necessary travel expenses, as may be approved by the Chairman and Joint-Secretary.",
and inserting in lieu thereof the following:
"Each member of the board shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member of the board is in attendance at a meeting of such board, plus either reimbursement for actual transportation costs while traveling by public carrier or the same mileage allowance for use of a personal car in connection with such attendance as members of the General Assembly receive. Such expense and travel allowance shall be paid in lieu of any per diem, allowance, or other remuneration now received by any such member for such attendance.",
so that when so amended Section 6 shall read as follows:

GEORGIA LAWS 1980 SESSION

541

"Section 6. The board shall elect a chairman and vice-chairman from its membership and such other officers as it shall deem necessary, and shall adopt rules and regulations to govern its proceedings. Each member of the board shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member of the board is in attendance of official duties of such board, plus either reimbursement for actual transportation costs while traveling by public carrier or the same mileage allowance for use of a personal car in connection with such attendance as members of the General Assembly receive. Such expense and travel allowance shall be paid in lieu of any per diem, allowance, or other remuneration now received by any such member for such attendance. The Secretary of State may employ and fix the compensation and duties of necessary personnel to assist the board in performance of its duties. The joint secretary of the State Examining Boards shall be the executive secretary of the board. He shall have such duties as are directed by the board, and which are authorized under Code Chapter 84-1."
Section 5. Said Act is further amended by striking in its entirety Section 8A thereof, which reads as follows:
"Section 8A. The American College of Nursing Home Administrators--Georgia Chapter shall constitute an advisory council to the Georgia State Board of Nursing Homes, and the Georgia State Board of Nursing Homes shall be required to counsel with the advisory council in connection with the administration of the provisions of this Act."
Section 6. Said Act is further amended by striking from Section 10A thereof the following:
"which fee shall not exceed one hundred dollars ($100.00),",
so that when so amended Section 10A shall read as follows:
"Section 10A. The board, in its discretion and otherwise subject to the provisions of this Act and the rules and regulations of the board promulgated thereunder prescribing the qualifications for a nursing home administrator license, may issue a license to a nursing home administrator who has been issued a license by the proper authorities of any state, or issued a certificate of qualification by

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GENERAL ACTS AND RESOLUTIONS, VOL. I

any national organization, upon payment of a fee, to be fixed by the board, and upon submission of evidence satisfactory to the board (a) that such other state or national organization maintains a system and standard of qualifications and examinations for a nursing home administrator license or certificate which is substantially equivalent to those required in Georgia and (b) that such other state gives similar recognition and endorsement to nursing home administrator licenses of this state."
Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

BANKS AND BANKING |g|BANK HOLDING COMPANIES.
Code Section 13-207.1 Amended.
No. 935 (House Bill No. 1455).
AN ACT
To amend Code Section 13-207.1, relating to bank holding companies, so as to provide for the acquisition of bank shares and assets by a bank holding company otherwise eligible to acquire such under this Act, by means of a merger; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 13-207.1, relating to bank holding companies, is hereby amended by adding a new subsection at the end thereof to be designated subsection (e) to read as follows:
"(e) Notwithstanding any other provisions of this title, whenever a bank holding company would be eligible under the laws of this state to take action which would cause a bank to become a

GEORGIA LAWS 1980 SESSION

543

subsidiary of a bank holding company, it may at its option elect, with the prior approval of the Commissioner of Banking and Finance, to acquire, merge with and/or operate such bank as a branch of another of such holding company's banking subsidiaries without such subsidiary becoming a bank holding company.
Nothing in this subsection (e) shall be deemed to supersede, rescind or modify any provision, requirement, or condition of this Section 207.1, which would otherwise be applicable to any acquisition of a banking subsidiary by a bank holding company hereunder."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

CORONERS - DEPUTIES, ETC.
Code Chapter 21-1 Amended.
No. 936 (House Bill No. 1470).
AN ACT
To amend Code Chapter 21-1, relating to coroners in general, as amended, so as to provide for deputy coroners and their appointment and compensation; to change the fees of coroners; to require that all coroners have certain qualifications and undergo certain training; to amend an Act providing for a Georgia Police Academy, known as the "Georgia Police Academy Act," approved March 3, 1962 (Ga. Laws 1962, p. 535), as amended, so as to direct the academy and its Board to provide training required by this Act; to amend an Act known as the "Georgia Post Mortem Examination Act," approved March 11, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 602), as amended, particularly by an Act approved March 17, 1960 (Ga. Laws 1960, p. 1009), so as to change fees; to provide for other

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GENERAL ACTS AND RESOLUTIONS, VOL. I

matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Chapter 21-1, relating to coroners in general, as amended, is hereby amended by adding following Section 21-102 a new Section 21-102.1 to read as follows:
"21-102.1. Deputies. The coroner of each county shall, as soon as is practical after the effective date of this section and at the beginning of each term of the coroner thereafter, appoint a deputy coroner or coroners as herein provided. A deputy coroner shall be appointed for each county and one or more additional deputy coroners may be appointed for any county in the discretion of the coroner. Each deputy coroner shall serve at the pleasure of the coroner and may be replaced by the coroner at any time. Each deputy coroner shall take the same oath, give the same bond, be entitled to the same fees, and have the same powers as the coroner; but a deputy coroner shall act as coroner only when the coroner is himself unable to act."
Section 2. Said Code chapter is further amended by striking from Section 21-105 the following:
"25.00",
and inserting in lieu thereof the following:
"50.00",
and by adding at the end of the section the following:
"The provisions of this section shall not be construed to repeal or preempt any local Act or general Act of local application which places any coroner upon an annual salary or authorizes any coroner to receive fees in excess of those herein specified.",
so that when so amended said section shall read as follows:
"21-105. Coroners' fees shall be as follows, to wit:

GEORGIA LAWS 1980 SESSION

545

Summoning an inquest on a dead body and returning an inquisi-

tion

$50.00

Furnishing coffin and burial expenses

15.00

When performing the duties of a sheriff, his fees are the same as a sheriff's. No coroner shall receive out of the county treasury more than $1,500 per annum, either as fees for holding inquests or for burying the dead bodies. The provisions of this section shall not be construed to repeal or preempt any local Act or general Act of local application which places any coroner upon an annual salary or authorizes any coroner to receive fees in excess of those herein specified."

Section 3. Said Code chapter is further amended by adding a new Section 21-108 to read as follows:

"21-108. Qualifications and training, (a) No person shall be eligible to hold the office of coroner or deputy coroner unless he or she holds a high school diploma or its recognized equivalent. Any coroner who is in office on July 1, 1980, however, shall without limitation be eligible to serve as coroner or deputy coroner at any time after said date without regard to whether he or she meets the requirements of this subsection.

(b) Every coroner and deputy coroner shall be required, as a condition of continuing to serve as coroner, to take during every calendar year he is in office the training course of at least 16 hours provided by the Georgia Police Academy. In the event, however, that a coroner or deputy is prevented in any calendar year from taking such training by sickness or other providential cause, the requirement of training for that year may be waived by the probate judge."

Section 4. An Act providing for a Georgia Police Academy, known as the "Georgia Police Academy Act," approved March 3, 1962 (Ga. Laws 1962, p. 535), as amended, is hereby amended by adding following Section 6 a new Section 6.1 to read as follows:

"Section 6.1. Training program for coroners. Subject to rules and regulations prescribed by the Board, the1 Georgia Police Acad-
emy shall make available to all coroners and deputy coroners in the 18

546

GENERAL ACTS AND RESOLUTIONS, VOL. I

state at least once annually a training program of at least 16 hours of instruction including, but not limited to, the following: the Georgia Post Mortem Examination Act; all laws pertaining to the duties of coroners; and investigating technique. The Board is authorized to charge such tuition as may be necessary to defray the expense of said training and is also authorized to accept appropriations from any governmental unit or gifts or grants for said purpose."
Section 5. An Act known as the "Georgia Post Mortem Examination Act," approved March 11, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 602), as amended, particularly by an Act approved March 17, 1960 (Ga. Laws 1960, p. 1009), is hereby amended by striking from subsection (4) of Section 5 the following:
"25.00",
wherever the same appears and inserting in lieu thereof the following:
"50.00",
so that when so amended said subsection shall read as follows:
"(4) Coroners shall be entitled to an investigation fee of $50.00 where no jury is impaneled and a fee of $50.00 where a jury is impaneled. Such fee shall be paid by the county where the inquest is held, except in counties where the coroner receives an annual salary, in which case no fee shall be imposed upon the county."
Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

GEORGIA LAWS 1980 SESSION

547

SALARIES OF TAX COLLECTORS AND TAX COMMISSIONERS.
Code Chapter 91 A-13 Amended.
No. 937 (House Bill No. 1471).
AN ACT
To amend an Act to provide a schedule of minimum salaries for certain tax collectors and tax commissioners, approved March 31, 1976 (Ga. Laws 1976, p. 988), as amended by an Act approved February 18, 1977 (Ga. Laws 1977, p. 187) and an Act approved April 17, 1979 (Ga. Laws 1979, p. 1250), so as to change the method of computing the minimum salaries of such officers; to amend Code Chapter 91 A-13, relating to county tax officials and administrative provisions, as amended, so as to incorporate the change in the method of computing the minimum salaries of the tax collectors and tax commissioners into the Georgia Public Revenue Code; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act to provide a schedule of minimum salaries for certain tax collectors and tax commissioners, approved March 31, 1976 (Ga. Laws 1976, p. 988), as amended by an Act approved February 18, 1977 (Ga. Laws 1977, p. 187) and an Act approved April 17, 1979 (Ga. Laws 1979, p. 1250), is hereby amended by adding before the period at the end of the first sentence of Section 2 the following:
"; provided, however, that, in the event the population of a county according to the United States Decennial Census of 1980 or any future such census is less than its population according to the United States Decennial Census of 1970, the population bracket under which any such county falls for the purposes of this Section >hall be determined according to the United States Decennial Census hf 1970",
[ jo that when so amended Section 2 shall read as follows:

548

GENERAL ACTS AND RESOLUTIONS, VOL. I

"Section 2. Any other provision of law to the contrary notwithstanding, the minimum annual salary of each tax collector and tax commissioner in each county of the State of Georgia who shall be compensated by an annual salary shall be fixed according to the population of the county in which he serves as determined by the United States Decennial Census of 1970 or any such future census; provided, however, that, in the event the population of a county according to the United States Decennial Census of 1980 or any future such census is less than its population according to the United States Decennial Census of 1970, the population bracket under which any such county falls for the purposes of this Section shall be determined according to the United States Decennial Census of 1970. Each such officer shall receive an annual salary, payable in equal monthly installments from the funds of the county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0--2,999 3.000-- 6.000-- 9.000-- 12.000-- 20.000-- 30.000-- 40.000-- 50.000-- 100.000-- 180.000--

$ 9,100 $5 9,940 ,9 $8 11,180 ,9 $1 12,420 1, $1 14,000 9 $2 14,910 9 $3 16,150 9 $4 18,010 9 $9 21,120 9 $1 24,220 7 $u 26,000." p

Section 2. Code Chapter 91 A-13,^relating to tax officials and administrative provisions, as amended, is hereby amended by adding before the period at the end of the first sentence of subsection (b) of Code Section 91 A-1373 the following:

provided, however, that, in the event the population of a county according to the United States Decennial Census of 1980 or any future such census is less than its population according to the United States Decennial Census of 1970, the population bracket under which any such county falls for the purposes of this Section shall be determined according to the United States Decennial Census of 1970",

GEORGIA LAWS 1980 SESSION

549

so that when so amended subsection (b) of Section 91 A-1373 shall read as follows:

(b) Any other provision of law to the contrary notwithstanding, the minimum annual salary of each tax collector and tax commissioner in each county of the State who is compensated by an annual salary shall be fixed according to the population of the county in which he serves as determined by the census; provided, however, that, in the event the population of a county according to the United States Decennial Census of 1980 or any future such census is less than its population according to the United States Decennial Census of 1970, the population bracket under which any such county falls for the purposes of this Section shall be determined according to the United States Decennial Census of 1970. Each such officer shall receive an annual salary, payable in equal monthly installments from the funds of the county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0^2,999 3.000-- 6.000-- 9.000-- 12,000^-19,999 20.000-- 30.000-- 40.000-- 50.000-- 100.000180.000--

$ 9,100 5 $ 9,940 ,999 8 $ 11,180 ,999 1 $ 12,420 1,999
$ 14,000 2 $ 14,910 9,999 3 $ 16,150 9,999 4 $ 18,010 9,999 9 $ 21,120 9,999 1 $ 24,220 79,999 u $ 26,000. p

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

Approved March 20, 1980.

550

GENERAL ACTS AND RESOLUTIONS, VOL. I

SALARIES OF SHERIFFS.
No. 938 (House Bill No. 1473).
AN ACT
To amend an Act providing minimum salaries for sheriffs to be paid from county funds, approved April 2, 1971 (Ga. Laws 1971, p. 380), as amended by an Act approved April 17, 1975 (Ga. Laws 1975, p. 521) and an Act approved April 17, 1979 (Ga. Laws 1979, p. 1248), so as to change the method of computing the minimum salaries of such officers; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing minimum salaries for sheriffs to be paid from county funds, approved April 2, 1971 (Ga. Laws 1971, p. 380), as amended by an Act approved April 17, 1975 (Ga. Laws 1975, p. 521) and an Act approved April 17, 1979 (Ga. Laws 1979, p. 1248), is hereby amended by adding before the period at the end of the first sentence of Section 1 the following:
"; provided, however, that, in the event the population of a county according to the United States Decennial Census of 1980 or any future such census is less than its population according to the United States Decennial Census of 1970, the population bracket under which any such county falls for the purposes of this Section shall be determined according to the United States Decennial Census of 1970",
so that when so amended Section 1 shall read as follows:
"Section 1. Any other provisions of law to the contrary notwithstanding, the minimum annual salary of each sheriff in the State of Georgia shall be fixed according to the population of the county in which he serves as determined by the United States Decennial Census of 1970 or any future such census; provided, however, that, in the event the population of a county according to the United States Decennial Census of 1980 or any future such census is less than its population according to the United States Decennial Census of 1970, the population bracket under which any such county falls

GEORGIA LAWS 1980 SESSION

551

for the purposes of this Section shall be determined according to the United States Decennial Census of 1970. Each such sheriff shall receive an annual salary, payable in equal monthly installments from the funds of his county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0 - 5,999 6,000 - 11,999 12.000 - 19,999 20.000 - 29,999 30.000 - 39,999 40.000 - 49,999 50.000 - 99,999 100.000 - 199,999 200.000 - and up

$ 12,500 15,500 17,800 19,600 21,400 23,200 25,000 26,700 28,600."

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

Approved March 20, 1980.

SALARIES OF PROBATE JUDGES.
No. 939 (House Bill No. 1474).
AN ACT
To amend an Act providing minimum salaries for judges of the probate courts of the various counties of Georgia, approved April 5, 1978 (Ga. Laws 1978, p. 1953), as amended, so as to change the method of computing the minimum salaries of such officers; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:

552

GENERAL ACTS AND RESOLUTIONS, VOL. I

Section 1. An Act providing minimum salaries for judges of the probate courts of the various counties of Georgia, approved April 5, 1978 (Ga. Laws 1978, p. 1953), as amended, is hereby amended by adding before the period at the end of the first sentence of Section 1 the following:

provided, however, that, in the event the population of a county according to the United States Decennial Census of 1980 or any future such census is less than its population according to the United States Decennial Census of 1970, the population bracket under which any such county falls for the purposes of this Section shall be determined according to the United States Decennial Census of 1970",

so that when so amended Section 1 shall read as follows:

"Section 1. Any other provisions of law to the contrary notwithstanding, the minimum annual salary of each judge of the probate court in the State of Georgia shall be fixed according to the population of the county in which he serves as determined by the United States Decennial Census of 1970 or any future such census; provided, however, that, in the event the population of a county according to the United States Decennial Census of 1980 or any future such census is less than its population according to the United States Decennial Census of 1970, the population bracket under which any such county falls for the purposes of this Section shall be determined according to the United States Decennial Census of 1970. Each such judge of the probate court shall receive an annual salary, payable in equal monthly installments from the funds of his county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0 - 5,999 6,000 - 11.999 12,000 - 19.999 20,000 - 29.999 30.000 - 39.999 40.000 - 49.999 50.000 - 99.999 100.000 - 199,999 200,000 -

7,200 10.700 12,200 13.700 15.200 16.200 17,200 24,500 29,500.'

GEORGIA LAWS 1980 SESSION

553

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

SALARIES OF CLERKS OF THE SUPERIOR COURTS.
No. 940 (House Bill No. 1475).
AN ACT
To amend an Act providing minimum salaries for clerks of the superior courts, approved March 30, 1973 (Ga. Laws 1973, p. 256), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 547), so as to change the method of computing the minimum salaries of such officers; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia;
Section 1. An Act providing minimum salaries for clerks of the superior courts, approved March 30, 1973 (Ga. Laws 1973, p. 256), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 547), is hereby amended by adding before the period at the end of the first sentence of Section 1 the following:
"; provided, however, that, in the event the population of a county according to the United States Decennial Census of 1980 or any future such census is less than its population according to the United States Decennial Census of 1970, the population bracket under which any such county falls for the purposes of this Section shall be determined according to the United States Decennial Census of 1970",
so that when so amended Section 1 shall read as follows:

554

GENERAL ACTS AND RESOLUTIONS, VOL. I

"Section 1. Any other provision of law to the contrary notwithstanding, the minimum annual salary of each clerk of the superior court in each county of the State of Georgia shall be fixed according to the population of the county in which he serves as determined by the United States Decennial Census of 1970 or any future such census; provided, however, that, in the event the population of a county according to the United States Decennial Census of 1980 or any future such census is less than its population according to the United States Decennial Census of 1970, the population bracket under which any such county falls for the purposes of this Section shall be determined according to the United States Decennial Census of 1970. Each such clerk shall receive an annual salary, payable in equal monthly installments from the funds of the county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0- 5,999 6,000- 11,999 12.000- 19,999 20.000- 29,999 30.000- 39,999 40.000- 49,999 50.000- 99,999 100.000- 199,999 200.000- and up

$ 9,000 12,000 14.000 15.000 16.000 17.000 18.000 19,000 20,000."

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

Approved March 20, 1980.

GEORGIA LAWS 1980 SESSION

555

GEORGIA STATE FINANCING AND INVESTMENT COMMISSION ACT AMENDED.
No. 941 (House Bill No. 1479).
AN ACT
To amend an Act known as the "Georgia State Financing and Investment Commission Act," approved April 13,1973 (Ga. Laws 1973, p. 750), as amended by an Act approved March 12, 1974 (Ga. Laws 1974, p. 171), an Act approved March 28, 1974 (Ga. Laws 1974, p. 1213), and an Act approved March 15, 1979 (Ga. Laws 1979, p. 401), so as to change certain provisions relating to proceeds and income earned by the commission; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act known as the "Georgia State Financing and Investment Commission Act," approved April 13, 1973 (Ga. Laws 1973, p. 750), as amended by an Act approved March 12, 1974 (Ga. Laws 1974, p. 171), an Act approved March 28, 1974 (Ga. Laws 1974, p. 1213), and an Act approved March 15, 1979 (Ga. Laws 1979, p. 401), is hereby amended by striking Section 6 in its entirety and inserting in lieu thereof a new Section 6 to read as follows:
"Section 6. Public Debt Proceeds. The Commission shall be responsible for the proper application of the proceeds of public debt issued under the provisions of this Act to the purposes for which it is incurred; provided, however, the proceeds from guaranteed revenue obligations shall be paid to the issuer thereof and such proceeds and the application thereof shall be the responsibility of such issuer.
Proceeds received from the sale of bonds evidencing general obligation debt shall be held in trust by the Commission and disbursed promptly by the Commission in accordance with the original purpose set forth in the authorization of the General Assembly and in accordance with rules and regulations established by the Commission. Bond proceeds and other proceeds held by the Commission shall be as fully invested as is practical, consistent with the proper application of such proceeds for the purposes intended. Investments

556

GENERAL ACTS AND RESOLUTIONS, VOL. I

shall be limited to general obligations of the United States or of subsidiary corporations of the United States Government fully guaranteed by such government, or obligations issued by the Federal Land Bank, Federal Home Loan Bank, Federal Intermediate Credit Bank, Bank for Cooperatives and Federal Farm Credit Banks and no other. Income earned on any such investments or otherwise earned by the Commission shall be retained by the Commission and used to purchase and retire any public debt, or any bonds or obligations issued by any public agency, public corporation or authority which are secured by a contract to which the provisions of the second paragraph of Paragraph 1(a) of Section VI, Article IX of the Constitution are applicable and may be used to pay operating expenses of the Commission."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

URBAN RESIDENTIAL FINANCE AUTHORITIES ACT FOR LARGE MUNICIPALITIES AMENDED.
No. 942 (House Bill No. 1484).
AN ACT
To amend an Act known as the "Urban Residential Finance Authorities Act for Large Municipalities," approved April 18, 1979 (Ga. Laws 1979, p. 4662), so as to change the provisions relative to purposes for the Act; to change the provisions relative to definitions and to provide for additional definitions; to change the provisions relative to powers of the authorities; to change the provisions relative to loans made by authorities; to change the provisions relative to purchase of mortgages; to change the provisions relative to reve-

GEORGIA LAWS 1980 SESSION

557

nue bonds; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act known as the "Urban Residential Finance Authorities Act for Large Municipalities," approved April 18, 1979 (Ga. Laws 1979, p. 4662), is hereby amended by striking from subsection (d) of Section 2 the word "either" and the words "or both" and by inserting in said subsection the comma and word ", construction" between the word "acquisition" and the word "or" so that when so amended subsection (d) shall read as follows:
"(d) Accordingly, it is determined that it is a valid public purpose, as a matter of public health, safety, convenience and welfare, to assist in providing financing for the acquisition, construction or rehabilitation of housing in the large municipalities of the State and the creation of public corporations and instrumentalities of the State is the most feasible method by which the State can accomplish the aforesaid public purposes."
Section 2. Said Act is further amended by striking subsection (k) of Section 3 in its entirety and substituting in lieu thereof a new subsection (k) to read as follows:
"(k) `Residential housing' means any real property and improvement thereon, whether multi-family residential housing or single-family residential housing, within the geographic boundaries of a large municipality activating the Authority, which is owned, in whole or in part by eligible household, or is providing or shall provide, in whole or in part, dwelling accommodations for eligible households."
Section 3. Said Act is further amended by adding at the end of Section 3 two new subsections to be designated subsections (r) and (s) to read as follows:
"(r) `Qualified Housing Sponsor' means an entity, whether organized for profit or not, meeting criteria established by the Authority which has undertaken to provide housing which will be available for sale or rent to eligible persons and families upon such

558

GENERAL ACTS AND RESOLUTIONS, VOL. I

terms and in conformity with administrative guidelines established by the Authority.
(s) `Nonprofit Housing Corporation' means a nonprofit or charitable private corporation providing safe and sanitary dwelling accommodations to persons of low income, in such manner as to be essentially similar in operation and function to any authority or housing authority essential under this article."
Section 4. Said Act is further amended by inserting in paragraph (3) of subsection (a) of Section 5 between the word "authority" and the word "within" the following:
"or nonprofit housing corporation",
so that when so amended said paragraph (3) shall read as follows:
"(3) to make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this Act including contracting with any agency or authority or nonprofit housing corporation within this State;"
Section 5. Said Act is further amended by striking paragraphs (7) and (8) of subsection (a) of Section 5 in their entirety and substituting in lieu thereof new paragraphs (7) and (8) to read as follows:
"(7) to borrow money and to issue bonds, the term of which shall not exceed forty years, and to provide for the rights of the holders thereof;
(8) to make loans pursuant to Section 6 of the Act for the financing, acquisition or rehabilitation of residential housing, the repayment of which are secured by mortgages or security interests, or other assets and funds of the Authority, to participate in the making of loans secured by mortgages or security interests, to undertake commitments to make loans secured by mortgages or security interests, to acquire, and, pursuant to the provisions of Section 7 of the Act, to contract to acquire, mortgages or security interests or participations therein, owned by lending institutions, the Federal National Mortgage Association or any federal or state agency, and to enter into advance commitments to such organizations for the purchase of said mortgages or security interests or participations;"

GEORGIA LAWS 1980 SESSION

559

Section 6. Said Act is further amended by striking the period appearing after the word "Act" at the end of paragraph (16) of subsection (a) of Section 5 and inserting in lieu thereof a semicolon and by adding at the end of subsection (a) of Section 5 two new paragraphs to be designated paragraphs (17) and (18) to read as follows:
"(17) to make loans pursuant to Section 6 of the Act to finance the construction of residential housing.
(18) to engage in and assist in the development and operation of low and moderate income housing pursuant to Section 8 of the Housing Act of 1937, as amended."
Section 7. Said Act is further amended by striking subsection (a) of Section 6 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) With respect to the power to make loans set forth in subsection (a) of this Act, each authority may make loans to Qualified Housing Sponsors or eligible households for the financing, acquisition or rehabilitation of residential housing within the geographic boundaries of the large municipality activating the Authority. Any such loan:
(1) shall be used for all or part of the cost of financing, acquiring or rehabilitating residential housing, including the construction of residential housing in accordance with the rules of the Authority; and
(2) shall be secured in such manner and be repaid in such period, not exceeding forty years, as may be determined by the Authority and shall bear interest at a rate determined by the Authority."
Section 8. Said Act is further amended by striking paragraph (10) of subsection (g) of Section 7 in its entirety and substituting in lieu thereof a new paragraph (10) to read as follows:
"(10) that, subject to the provisions of subsection (f) of this Section, monies received from the Authority will be utilized for loans to Qualified Housing Sponsors or eligible households for

560

GENERAL ACTS AND RESOLUTIONS, VOL. I

the financing, acquisition or rehabilitation of residential housing within the geographic boundaries of the municipality activating the Authority, certification by the lending institution to the effect that monies have been reloaned as set forth in this Act will be filed with the Authority pursuant to the rules of the Authority and will be available to the members of the public and to members of the General Assembly of the State."
Section 9. Said Act is further amended by inserting in subsection (a) of Section 8 between the word "acquisition" and the word "and" the following:
", financing",
so that when so amended said subsection (a) shall read as follows:
"(a) Each Authority shall have the power and is hereby authorized at one time or from time to time to issue its revenue bonds in such principal amounts as, in the opinion of the Authority, shall be necessary to provide sufficient funds for achieving the corporate purposes thereof, including the making and purchasing of loans for the acquisition, financing and rehabilitation of residential housing as provided in this Act; the payment of interest on bonds of the Authority; the establishment of reserves to secure such bonds; and all other expenditures of the Authority incident to and necessary or convenient to carry out its corporate purposes and powers."
Section 10. Said Act is further amended by striking from subsection (d) of Section 8 the following:
"30% ",
and inserting in lieu thereof the following:
"50% ",
and by inserting in subsection (e) of Section 8 immediately following the word "issue" the following:
"of a similar nature",

GEORGIA LAWS 1980 SESSION

561

so that when so amended said subsections (d) and (e) shall read as follows:
"(d) No single bond issue of an Authority shall exceed 50% of the total amount allowed to be outstanding as referred to in subsection (c) above.
(e) No revenue bonds shall be issued until such time as 95% of all proceeds from any previous bond issue of a similar nature, excluding reserve funds, shall be fully invested or committed to be invested in mortgages or participating units."
Section 11. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 12. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

STATE FORESTRY COMMISSION -- SALE OF SEEDLINGS, ETC.
No. 943 (House Bill No. 1499).
AN ACT
To amend an Act which superseded, with stated exceptions, all previous laws of this State relating to the organization, powers, and duties of the Forestry Commission, approved March 3, 1955 (Ga. Laws 1955, p. 309), as amended by an Act approved March 21, 1974 (Ga. Laws 1974, p. 458), so as to authorize and empower the State Forestry Commission to contract for and purchase seedlings for resale to Georgia forest owners or for fulfilling contractual obligations to Georgia forest owners; to authorize the commission to enter into contracts with certain entities; to provide that such contracts may be entered into at the discretion of the commission; to

562

GENERAL ACTS AND RESOLUTIONS, VOL. I

provide for the proceeds of such sale; to provide for the manner of sale or purchase; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act which superseded, with stated exceptions, all previous laws of this State relating to the organization, powers, and duties of the Forestry Commission, approved March 3, 1955 (Ga. Laws 1955, p. 309), as amended by an Act approved March 21, 1974 (Ga. Laws 1974, p. 458), is hereby amended by adding, immediately following subsection (b) of Section 17A of said Act, a new subsection to read as follows:
"(c) (1) In order to foster, improve, and encourage reforestation and in furtherance of its other duties and powers, the State Forestry Commission is hereby authorized and empowered to:
(A) contract for the production of seedlings and for the purchase of such seedlings for resale to Georgia forest owners or for fulfilling contractual obligations to Georgia forest owners; and
(B) contract for the sale of seedlings to other states and to the United States.
(2) In order to accomplish the provisions of paragraph (1), the State Forestry Commission is hereby authorized to enter into contracts with other agencies and instrumentalities of the State and local government of Georgia, other states, the United States, private persons, corporations, or other entities. Such actions may be taken by the commission without the prior approval of any other department, board, commission, bureau, agency, or authority of the State. The purchase or sale of such seedlings shall be made in the same manner as the purchase or sale of such seedlings grown or produced on land belonging to or under the jurisdiction and control of the commission. All funds derived by the commission from the sale of such seedlings shall be paid into the general fund of the State."

GEORGIA LAWS 1980 SESSION

563

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

DOUGLAS JUDICIAL CIRCUIT.CREATED.
Code Section 24-2501 Amended.
No. 944 (House Bill No. 1506).
AN ACT
To create a new judicial circuit for the State of Georgia, to be known as the Douglas Judicial Circuit, to be composed of the County of Douglas; to provide for a judge of the superior court and a district attorney for said circuit; to provide for their election and compensation; to fix the terms of court; to provide for the transfer of proceedings to said circuit; to amend Code Section 24-2501, relative to judicial circuits, so as to include said new circuit; to change the number of judges in the Tallapoosa Judicial Circuit; to repeal an Act adding a third judge to the Tallapoosa Judicial Circuit, approved March 23, 1977 (Ga. Laws 1977, p. 687); to continue an Act adding a second judge to the Tallapoosa Judicial Circuit, approved March 14, 1971 (Ga. Laws 1971, p. 74); to provide for an election of a Tallapoosa Circuit judge; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Effective January 1, 1983, there is hereby created a new judicial circuit of the superior courts of this state, to be known as the Douglas Judicial Circuit, which circuit shall be composed of

564

GENERAL ACTS AND RESOLUTIONS, VOL. I

the County of Douglas. The offices of the judge of the superior court and district attorney of the Douglas Judicial Circuit are hereby created for said circuit. The initial judge and district attorney shall be elected at the November general election in 1982, and shall take office on January 1, 1983, for a term of office of four years each and until their respective successors are elected and qualified. Successors to the initial judge and district attorney shall be elected in the general election immediately preceding the expiration of a term of office and shall be elected for terms of office of four years each and until their respective successors are duly elected and qualified. Successors to the offices of judge and district attorney shall take office on the first day of January following their election.
Section 2. The judge of said circuit shall receive such compensation and allowances as are now or hereafter provided by law. In addition to the compensation and expenses paid from state funds, the judge of the superior court of the Douglas Judicial Circuit shall receive a supplemental expense allowance of $6,000.00 per annum, payable in equal monthly installments from the funds of Douglas County. Any other provision of law to the contrary notwithstanding, such supplemental expense allowance paid under the provisions of this section shall not be used or included in calculating any pension, retirement, or other benefits or payments to such judge by Douglas County, nor any payments to any such judge who becomes a senior judge of the superior courts (formerly known as judge of the superior courts emeritus).
Section 3. The compensation and allowances of the district attorney of said circuit shall be as now or hereafter provided by law.
Section 4. The terms of court for said county shall be as follows: the second Monday in February, the third Monday in May, the third Monday in September, and the second Monday in December.
Section 5. The grand jury of said county shall convene as provided by law and whenever, in the opinion of the judge of said circuit, it is expedient or necessary to have a grand jury, he may, in his discretion, draw, call, and empanel a grand jury for services at any term of court.

GEORGIA LAWS 1980 SESSION

565

Section 6. All proceedings and litigations, civil, equitable and criminal, pending in the Superior Court of Douglas County at such time as it was a part of the Tallapoosa Judicial Circuit, including all complaints, pleadings, petitions, indictments, special presentments, summonses, processes, motions, writs, mesne and final proceedings, together with all books and records of any kind or character belonging to, issued, returnable, filed, pending or commenced in such county, shall relate to, become a part of and be transferred to the Superior Court of the Douglas Judicial Circuit and its jurisdiction when said circuit comes into existence.
Section 7. Code Section 24-2501, relating to the enumeration of the judicial circuits of this state and the counties comprising each circuit, as amended, is hereby amended by striking the figure "42" in the first sentence and inserting in lieu thereof the figure "43," and by adding, after the words and symbols "Dougherty Circuit, composed of the county of Dougherty.", the following:
"Douglas Circuit, composed of the county of Douglas.",
and by striking the words and symbols:
"Tallapoosa Circuit, composed of the counties of Douglas, Haralson, Polk, and Paulding.",
and substituting in lieu thereof the following:
"Tallapoosa Circuit, composed of the counties of Haralson, Polk and Paulding."
Section 8. (a) Under and in accordance with the provisions of Article VI, Section III, Paragraph I of the Constitution, the number of judges in the Tallapoosa Judicial Circuit is hereby reduced to two, effective January 1, 1983.
(b) An Act adding a third judge to the Tallapoosa Judicial Circuit, approved March 23, 1977 (Ga. Laws 1977, p. 687), is hereby repealed in its entirety.
(c) An Act adding a second judge to the Tallapoosa Judicial Circuit, approved March 14, 1971 (Ga. Laws 1971, p. 74), is hereby expressly continued of full force and effect; and to the extent

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necessary to continue the full force and effect of the provisions of said Act, it is hereby incorporated into this Act by reference and hereby reenacted.
(d) This subsection (d) shall govern only election of a judge of the Tallapoosa Judicial Circuit in 1982, and all future such elections shall be held as otherwise provided by law. No person who offers for nomination and election at the 1982 general election to a full four-year term shall be required to designate the place for which he offers, inasmuch as there will be two Tallapoosa Circuit judges whose terms expire January 1 i i 1983, but only one judge is to be elected to a four-year term beginning January 1, 1983.
Section 9. This Act shall become effective on January 1, 1983; except the provisions of Section 1 and Section 8 of this Act which are necessary for the election in 1982 of Tallapoosa and Douglas Judicial Circuit officers shall become effective immediately upon approval of this Act by the Governor or upon its becoming law without his approval.
Section 10. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

STATE ALCOHOLISM ADVISORY COUNCIL ACT AMENDED.
No. 945 (House Bill No. 1508).
AN ACT
To amend an Act providing for the comprehensive treatment of alcoholism and intoxication, approved March 18, 1974 (Ga. Laws 1974, p. 200), as amended by an Act approved April 18, 1975 (Ga. Laws 1975, p. 766), an Act approved March 31, 1976 (Ga. Laws 1976, p. 1007), an Act approved March 23, 1977 (Ga. Laws 1977,

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p. 644), an Act approved April 5, 1978 (Ga. Laws 1978, p. 2048), and an Act approved April 13, 1979 (Ga. Laws 1979, p. 933), so as to change the date on which the provisions of the Act become effective; to provide an effective date for this Act; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing for the comprehensive treatment of alcoholism and intoxication, approved March 18, 1974 (Ga. Laws 1974, p. 200), as amended by an Act approved April 18, 1975 (Ga. Laws 1975, p. 766), an Act approved March 31, 1976 (Ga. Laws 1976, p. 1007), an Act approved March 23, 1977 (Ga. Laws 1977, p. 644), an Act approved April 5, 1978 (Ga. Laws 1978, p. 2048), and an Act approved April 13, 1979 (Ga. Laws 1979, p. 933), is hereby amended by striking Section 23 in its entirety and inserting in lieu thereof a new Section 23 to read as follows:
"Section 23. This Act shall become effective on July 1, 1981."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

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GEORGIA AGRICULTURAL COMMODITIES PROMOTION ACT AMENDED - MEMBERSHIP, ETC.
No. 946 (House Bill No. 1509).
AN ACT
To amend an Act known as the "Georgia Agricultural Commodities Promotion Act," approved April 25, 1969 (Ga. Laws 1969, p. 763), as amended, so as to change the provisions relating to the membership of agricultural commodities commissions; to provide for matters relative thereto; to provide effective dates; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section I. An Act known as the "Georgia Agricultural Commodities Promotion Act," approved April 25, 1969 (Ga. Laws 1969, p. 763), as amended, is hereby amended by striking subsection (a) of Section 10 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) Each such commission shall be composed of the Commissioner of Agriculture, ex officio; the President of the Georgia Farm Bureau Federation, ex officio; one member, to serve as an ex officio member of all commissions, elected by the Agriculture Committee of the State Senate with a quorum present and a majority of those present concurring, who shall be a producer of an affected agricultural commodity and shall not be a member of the General Assembly; one member, to serve as an ex officio member of all commissions, elected by the Agriculture and Consumer Affairs Committee of the Georgia House of Representatives with a quorum present and a majority of those present concurring, who shall be a producer of an affected agricultural commodity and shall not be a member of the General Assembly; and five (5) additional members who shall be producers of the affected agricultural commodity to be appointed by the ex officio members of the commission; and for the purposes of the appointment of such additional members, as hereinafter provided, the two members elected by each of the aforesaid committees of the General Assembly, who shall serve as members of each commission, shall be deemed to be ex officio members. The initial two members elected by the aforesaid committees of the General Assem-

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bly shall be elected to take office for a term beginning on July 1, 1980, and ending upon the election of their successors during the regular 1982 session of the General Assembly. Their successors shall be elected during the 1982 regular session of the General Assembly; and thereafter future successors shall be elected during each regular session of the General Assembly convening in evennumbered years. Such members shall be selected so that one member is from the northern part of Georgia and one member from the southern part. For purposes of this selection the northern part of Georgia shall be that area north of and including Richmond, McDuffie, Warren, Hancock, Baldwin, Jones, Bibb, Crawford, Upson, Talbot, and Muscogee Counties; and the southern part shall be that area south of said counties. The chairman of the Senate and House Committees shall by agreement determine which committee will choose the member from the northern part and which committee will choose the member from the southern part. Such members shall serve from the date of their election until the election of their successors. The appointment of additional members of the commission by the ex officio members thereof, as hereinabove provided, shall be made by them from a list of nominees, submitted by the producers of the affected agricultural commodity, containing the names of double the number of appointments to be made. In the event of a controversy as to the producer group authorized to submit a list of nominees for appointment as members of the commission, the ex officio members shall consider and determine all issues pertaining thereto and upon making its determination shall make the appointments in accordance with such determination."
Section 2. Said Act is further amended by striking subsection (c) of Section 10 in its entirety and substituting in lieu thereof a new subsection (c) to read as follows:
"(c) The ex officio members who are State officers shall be compensated as provided by law. Each such ex officio member shall be reimbursed by his respective department or from the funds of the commission for actual and necessary expenses incurred in the performance of their duties. Each such ex officio member who is a State officer may designate a representative of his department to act for him in performing any duties under this Act. The two members elected by the committees of the General Assembly, as provided by subsection (a) of this Section, shall be entitled to receive the same expenses and travel allowances which members of the General

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Assembly receive for attending meetings of legislative interim committees for attending meetings of the commission. Such expenses and allowances shall be paid from funds appropriated or otherwise available to the legislative branch of government."
Section 3. Said Act is further amended by striking subsection (h) of Section 10 in its entirety and substituting in lieu thereof a new subsection (h) to read as follows:
"(h) The two members elected by committees of the General Assembly, as provided by subsection (a) of this Section, as members of each commission shall be entitled to vote on matters pertaining to the organization of each such commission and upon the selection and nomination of the appointive members of each commission. Such two members shall not be entitled to vote upon any matter pertaining to the policy provisions of the agricultural commodity nor shall they be entitled to vote upon the expenditure of any funds of the commission."
Section 4. For the purposes of the initial election by committees of the General Assembly of two persons to serve as members of each agricultural commodity commission for terms beginning on July 1, 1980, this Act shall become effective upon its approval by the Governor or upon its otherwise becoming law. Such initial election may be made by said committees at any time prior to July 1, 1980. This Act shall become effective for all other purposes on July 1, 1980.
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

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JOINT BOARD OF FAMILY PRACTICE ACT AMENDED.
No. 947 (House Bill No. 1510).
AN ACT
To amend an Act creating a Joint Advisory Board of Family Practice, approved March 31, 1976 (Ga. Laws 1976, p. 1096), as amended, particularly by an Act approved March 14, 1978 (Ga. Laws 1978, p. 923), so as to change the standards for certain training programs; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a Joint Advisory Board of Family Practice, approved March 31, 1976 (Ga. Laws 1976, p. 1096), as amended, particularly by an Act approved March 14, 1978 (Ga. Laws 1978, p. 923), is hereby amended by striking in its entirety Section 4 thereof, which reads as follows:
"Section 4. The Board shall insure that standards for Family Practice Residency Training Programs: (a) shall meet the `American Medical Association's Essentials' for residency training in family medicine, and (b) shall be approved by the Liaison Committee for Graduate Medical Education of the American Medical Association.",
and inserting in lieu thereof a new Section 4 to read as follows:
"Section 4. The board shall insure that standards for Family Practice Residency Training Programs: (a) shall meet the `American Medical Association's Essentials' for residency training in family medicine, and shall be approved by the Liaison Committee for Graduate Medical Education of the American Medical Association; or (b) shall meet guidelines, rules, and regulations of the American Osteopathic Association for postgraduate study in general practice and shall be approved by the American College of General Practitioners in Osteopathic Medicine and Surgery."
Section2. This Act shall become effective July 1, 1981.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

AGRICULTURE - ESTABLISHMENT, ETC. OF FARMERS MARKETS.
No. 948 (House Bill No. 1554).
AN ACT
To amend an Act authorizing the Commissioner of Agriculture to establish farmers markets, approved February 25, 1935 (Ga. Laws 1935, p. 369), as amended, particularly by an Act approved March 24, 1976 (Ga. Laws 1976, p. 678), so as to provide for prohibition of unlawful acts and for disciplinary actions by the Commissioner of Agriculture with regard to activities regulated under said Act; to provide procedure and practice regarding such orders; to provide for statutory construction; to provide for court actions; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act authorizing the Commissioner of Agriculture to establish farmers markets, approved February 25, 1935 (Ga. Laws 1935, p. 369), as amended, particularly by an Act approved March 24, 1976 (Ga. Laws 1976, p. 678), is hereby amended by striking in its entirety Section 14B which reads as follows:
"Section 14B. All procedures and practices concerning the licenses required hereby shall be in accordance with the Department of Agriculture Registration, License and Permit Act (Ga. L. 1966, p. 307).",

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and inserting in its place a new section to read as follows:
"Section 14B. Notwithstanding any other provision of law: (a) Whenever it may appear to the Commissioner of Agriculture, either upon investigation or otherwise, that any person has engaged in, or is engaging in, or is about to engage in any act, practice, or transaction which is prohibited by any provision of this Act or any regulation promulgated under this Act governing activities for which registration with or a license or permit from the Department of Agriculture of the State of Georgia is required, whether or not the person has so registered or obtained such a license or permit, the Commissioner of Agriculture may issue an order, if he deems it to be in the public interest or necessary for the protection of the citizens of this state, prohibiting such person from continuing such act, practice, or transaction or suspending or revoking any such registration, license, or permit held by such person.
(b) In situations where persons otherwise would be entitled to a hearing prior to an order entered pursuant to paragraph (a) of this Section 14B, the Commissioner of Agriculture may issue such an order to be effective upon a later date without hearing unless a person subject to the order requests a hearing within ten days after receipt of the order. Failure to make the request shall constitute a waiver of any provision of law for a hearing. The order shall contain or shall be accompanied by a notice of opportunity for hearing stating that a hearing must be requested within ten days of receipt of the notice and order. The order and notice shall be served in person by the Commissioner of Agriculture or his agent or by certified mail, return receipt requested. In the case of an individual registered with or issued a license or permit by the Department of Agriculture of the State of Georgia, receipt of the order and notice will be conclusively presumed five days after the mailing of the order by certified mail, return receipt requested, to the address provided by such person in his most recent registration or license or permit application.
(c) In situations where persons otherwise would be entitled to a hearing prior to an order, the Commissioner of Agriculture may issue an order to be effective immediately if the Commissioner has reasonable cause to believe that an act, practice, or transaction is occurring or is about to occur, that the situation constitutes a situation of imminent peril to the public safety or welfare, and that the

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situation therefore requires emergency action. The emergency order shall contain findings to this effect and reasons for the determination. The order shall contain or be accompanied by a notice of opportunity for hearing which may provide that a hearing will be held if and only if a person subject to the order requests a hearing within ten days of the receipt of the order and notice. The order and notice shall be served by the Commissioner of Agriculture or his agent or by certified mail, return receipt requested. In the case of an individual registered with or issued a license or permit by the Department of Agriculture of the State of Georgia, receipt of the order and notice will be conclusively presumed five days after the mailing of the order by certified mail, return receipt requested, to the address provided by such person in his most recent registration or license or permit application.
(d) Any request for hearing made pursuant to paragraphs (b) and (c) of this Section 14B shall specify: (1) in what respects such person is aggrieved, (2) any and all defenses such person intends to assert at the hearing, (3) affirmation or denial of all the facts and findings alleged in the order, and (4) an address to which any further correspondence or notices in the proceeding may be mailed. Upon such a request for hearing, the Commissioner of Agriculture shall schedule and hold the hearing, unless postponed by mutual consent, within 30 days after receipt by the Commissioner of Agriculture of the request therefor. The Commissioner of Agriculture shall give the person requesting the hearing notice of the time and place of the hearing by certified mail to the address specified in the request for hearing at least 15 days prior to the time of the hearing.
(e) Except where in conflict with the express provisions of this Section 14B and the reasonable implication of such provisions, the provisions of the `Georgia Administrative Procedure Act' relating to contested cases shall be applicable to the actions of the Commissioner of Agriculture taken pursuant to this Section 14B and to the conduct and judicial review of any hearings held as a result thereof.
(f) The Commissioner of Agriculture may institute suits or other legal proceedings in any superior court of proper venue as may be required for the enforcement of any law or regulation governing activities for which registration with or a license or permit from the Department of Agriculture of the State of Georgia is required.

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(g) The Commissioner of Agriculture may prosecute an action in any superior court of proper venue to enforce any order made by him pursuant to the provisions of this Section 14B.
(h) In cases in which the Commissioner of Agriculture institutes a suit or other legal proceeding or prosecutes an action to enforce his order, the superior court may, among other appropriate relief, issue a temporary restraining order or a preliminary, interlocutory, or permanent injunction restraining or enjoining persons, and those in active concert with them, from engaging in any acts, practices, or transactions prohibited by orders of the Commissioner of Agriculture or any law or regulation governing activities for which registration with or a license or permit from the Department of Agriculture of the State of Georgia is required."
Section 2. Nothing contained herein is intended to limit or repeal any power or authority elsewhere granted the Commissioner of Agriculture or the superior courts nor shall any grant of authority or power contained herein be read to imply that such grant of authority or power was not conferred by preexisting law.
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

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GEORGIA CODE OF PUBLIC TRANSPORTATION AMENDED - TRAILERS, ETC.
Code Title 95A Amended.
No. 949 (House Bill No. 1563).
AN ACT
To amend Code Title 95A, known as the "Georgia Code of Public Transportation," as amended, particularly by an Act approved March 28, 1974 (Ga. Laws 1974, p. 1422) and an Act approved March 27, 1979 (Ga. Laws 1979, p. 439), so as to change the provisions relating to the length of vehicles and loads; to provide for the length of trailers; to change the provisions relating to weight of vehicle and load; to change the provisions relating to permits for excess weight and dimension; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Title 95A, known as the "Georgia Code of Public Transportation," as amended, particularly by an Act approved March 28, 1974 (Ga. Laws 1974, p. 1422) and an Act approved March 27, 1979 (Ga. Laws 1979, p. 439), is hereby amended by striking from subsection (a) of Code Section 95A-958, relating to length of vehicles and loads, the figure "55" and inserting in lieu thereof the figure "60" and by adding after the word "feet" the following:
"and no trailer shall exceed 45 feet in length, except when so authorized by a permit issued by the Department. The Department may permit a trailer which exceeds 45 feet in length: (1) provided the trailer was manufactured prior to July 1, 1980 and the total length of the combination of vehicles is 55 feet or less; or (2) provided the length of the trailer is more than 45 feet and not more than 48 feet and the total length of the combination of vehicles does not exceed 55 feet, and the gross weight of the vehicle and its load does not exceed 50,000 pounds. For the purposes of this Chapter, combination of vehicles shall be defined as a single trailer pulled by a single prime mover when the overall length of the combination of

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609

first appointing any registered agent and shall be in such form as the Secretary of State may prescribe.
(b) The Secretary of State shall maintain current records, alphabetically arranged by corporate name, of the address of each corporation's registered office, and of the name and address of each corporation's registered agent or agents."
Section 6. Said Code Title is further amended by striking Code Section 22-3209 in its entirety and inserting in its place a new Code Section 22-3209 to read as follows:
"22-3209. Change of Registered Office or Registered Agent of Foreign Corporation, (a) A foreign corporation authorized to conduct affairs in this State may change its registered office or change its registered agent, or both, upon filing in the office of the Secretary of State a statement setting forth:
(1) The name of the corporation.
(2) The address of its then registered office.
(3) If the address of its registered office is to be changed, the new address of the registered office.
(4) The name or names of its then registered agent or agents.
(5) If its registered agent or agents are to be changed, the name or names of its successor registered agent or agents and the written consent of each such successor agent to his or her appointment.
(6) That the address of its registered office and the address of the business office of its registered agent or agents, as changed, will be identical.
(b) Such statement shall be executed by an officer of the corporation and delivered to the Secretary of State. If the Secretary of State finds that such statement conforms to the provisions of this Code, he shall file such statement in his office, and upon such filing the change of address of the registered office or the change of the 20

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GENERAL ACTS AND RESOLUTIONS, VOL. I

registered agent or agents, or both, as the case may be, shall become effective.
(c) Any registered agent of a foreign corporation may resign as such agent upon filing a written notice thereof with the Secretary of State. The appointment of such agent shall terminate upon the expiration of thirty days after receipt of such notice by the Secretary of State. There shall be attached to such notice an affidavit of such agent, if an individual, or of an officer thereof, if a corporation, that at least ten days prior to the date of filing such notice a written notice of the agent's intention to resign was mailed or delivered to a representative or agent of the corporation for which such agent was acting other than the resigning registered agent. Upon such resignation becoming effective, the address of the business office of the resigned registered agent shall no longer be the address of the registered office of the corporation.
(d) A registered agent may change his business address and the address of the registered office of any corporation of which he is registered agent to another place within the same county by filing a statement as required in paragraph (a) of this section except that it need be signed only by the registered agent and need not be responsive to subparagraph (a) (5) of this section and must recite that a copy of the statement has been mailed or delivered to a representative or agent of each such corporation other than the notifying registered agent."
Section 7. Said Code Title is further amended by striking subsection (a) of Code Section 22-3301 in its entirety and inserting in its place a new subsection (a) to read as follows:
"(a) Each domestic corporation, and each foreign corporation authorized to conduct affairs in this State, shall file, within the time prescribed by this Code, an annual report setting forth:
(1) The name of the corporation and the jurisdiction under the laws of which it is incorporated.
(2) The address of the registered office of the corporation in this State, and the name of its registered agent or agents in this State at such address and, in the case of a foreign corporation, the address of its principal office or registered office in the jurisdiction under the law of which it is incorporated.

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(3) A brief statement of the character of the affairs which the corporation is actually conducting or, in the case of a foreign corporation, which the corporation is actually conducting in this State.
(4) The names and respective addresses of the three principal officers of the corporation.
(5) Such additional information as may be necessary or appropriate as determined by the Secretary of State for the performance of his duties under this Code."
Section 8. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

GEORGIA LEGISLATIVE RETIREMENT SYSTEM ACT AMENDED.
No. 964 (House Bill No. 1105).
AN ACT
To amend an Act establishing the Georgia Legislative Retirement System, approved March 31, 1967 (Ga. Laws 1967, p. 259), as amended, so as to change provisions relative to certain definitions; to change the provisions relative to termination of membership; to change the provisions relative to applications for retirement and the effective date of retirement; to change the provisions relative to the return of contributions; to change the provisions relative to the cessation of benefits upon returning to State service; to delete a provision relative to certain membership service; to change the provisions relative to electing membership in retirement systems; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia:
Section 1. An Act establishing the Georgia Legislative Retirement System, approved March 31, 1967 (Ga. Laws 1967, p. 259), as amended, is hereby amended by striking paragraph (8) of Section 1 which reads as follows:
"(8) `Aggregate contributions' shall mean the sum of all amounts deducted from the compensation of a member of this system and credited to his individual account in the system.",
in its entirety and by striking paragraph (9) in its entirety and substituting in lieu thereof a new paragraph (9) to read as follows:
"(9) `Accumulated contributions' shall mean the sum of all amounts deducted from the compensation of a member and credited to his individual account in the system together with regular interest thereon."
Section 2. Said Act is further amended by striking subsection (2) of Section 4 in its entirety and substituting in lieu thereof a new subsection (2) to read as follows:
"(2) If a member of the System ceases to be a member of the General Assembly for reasons other than death before attaining age 60, such member, unless he withdraws his contributions pursuant to Section 9 of this Act, shall continue as a noncontributing member of the System. Any such noncontributing member shall not gain any additional membership service; but, if he again becomes a member of the General Assembly and a contributing member of the System, such member shall retain the membership service previously credited to him. If a member subject to this subsection withdraws his contributions upon ceasing to be a member of the General Assembly, any membership service credited to him at the time such contributions are withdrawn shall be forfeited and may not be reestablished if he again becomes a member of the General Assembly."
Section 3. Said Act is further amended by striking that sentence of subsection (1) of Section 6 which reads as follows:
"The date of retirement shall be the first day of a calendar month which occurs not less than 30 days nor more than 90 days subsequent to the filing of the application.",

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in its entirety and inserting in lieu thereof the following sentences:
"The effective date of retirement shall be the first of the month in which the application is received by the Board, but such effective date shall not, in any case, be earlier than the first of the month following the final month of the applicant's employment. Applications for retirement shall not be accepted more than 90 days in advance of the effective date of retirement.",
so that when so amended said subsection (1) shall read as follows:
"(1) Any member of the System, who has attained age 65 and has completed 8 or more years of creditable service, or who has attained age 62 and has completed 8 or more years of membership service, shall be retired by the Board on a retirement allowance upon his written application therefor, and shall thereupon become a beneficiary of the System, provided he is no longer in the service of the State whether as a member of the General Assembly or otherwise. The effective date of retirement shall be the first of the month in which the application is received by the Board, but such effective date shall not, in any case, be earlier than the first of the month following the final month of the applicant's employment. Applications for retirement shall not be accepted more than 90 days in advance of the effective date of retirement. Any member of the System who has completed 8 or more years of membership service and who has attained age 60 may elect to retire prior to age 62; however, in such event, his retirement allowance shall be reduced 5% for each year below age 62."
Section 4. Said Act is further amended by striking from Section 9 the word "aggregate" wherever the same appears and inserting in lieu thereof the word "accumulated" so that when so amended Section 9 shall read as follows:
"Section 9. Should a member cease to be a member of the System, for reasons other than retirement or death, he shall be paid as promptly as feasible after his request, his accumulated contributions. Should he die before payment has been made, the amount of his accumulated contributions shall be paid to such person as he shall have nominated by written designation filed with the Board, otherwise to his estate."

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Section 5. Said Act is further amended by striking Section 11 in its entirety and substituting in lieu thereof a new Section 11 to read as follows:
"Section 11. Should any retired member return to the service of the State in any position except as a member of the General Assembly , his retirement allowance shall cease. Upon cessation of such service , the retired member, after proper notification to the Board, shall receive the same retirement allowance which he was receiving prior to returning to State service."
Section 6. Said Act is further amended by striking that paragraph of Section 12 which reads as follows:
"(a) For each year of service between December 31, 1953, and December 31, 1966, each member may contribute to his account at the rate of 6 per cent of his annual base pay and allowances received for services rendered as a Representative, Senator, or staff member in the General Assembly of the State of Georgia and for each such year that contributions are made same shall be deemed to be and credited as membership service under the System. Except, however, in order to obtain credit for membership service under the provisions of this subsection, a member must make such contributions within a 24-month period after first becoming a member of the System.",
in its entirety.
Section 7. Said Act is further amended by striking from subsection (1) of Section 20B the following:
"the effective date of this Section'ifft
and inserting in lieu thereof the following:
"April 13, 1979","
and by striking from said subsection the following:
"July 1, 1980",

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and inserting in lieu thereof the following:
"the second Monday in January, 1981",
so that when so amended subsection (1) of Section 20B shall read as follows:
"(1) Any other provisions of this or any other law to the contrary notwithstanding, each member of the General Assembly serving as such on April 13, 1979 may elect to withdraw as a member of the Employees' Retirement System and become a member of the Georgia Legislative Retirement System or may elect not to be a member of either system. Such election must be made prior to the second Monday in January, 1981, and once made shall be irrevocable as long as such person is a member of the General Assembly. The Board of Trustees of the Employees' Retirement System of Georgia is authorized to promulgate rules and regulations to carry out the provisions of this Section including, but not limited to, providing for refunds for members who elect not to be a member of either system and providing for the transferral of legislators' accounts from the Employees' Retirement System, the transferral of service credits, and such other transferrals as the Board shall deem necessary to carry out the intention and provisions of this Section."
Section 8. Said Act is further amended by adding at the end of Section 20B a new subsection (4) to read as follows:
"(4) Any member of the General Assembly electing to become a member of this retirement system pursuant to subsection (1) of this Section shall not thereby forfeit any rights or privileges possessed by such member under the Employees' Retirement System at the time such election is made, and such rights and privileges shall continue to apply to such member."
Section 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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Section 10. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

PUBLIC SERVICE COMMISSION - MOTOR CONTRACT CARRIERS.
Code Chapter 68-5 Amended.
No. 965 (House Bill No. 1107).
AN ACT
To amend Code Chapter 68-5, relating to motor contract carriers, as amended, so as to provide for and require the collection of certain application fees; to authorize the Georgia Public Service Commission to delegate its authority under certain circumstances; to provide for appeals to the commission; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Chapter 68-5, relating to motor contract carriers, as amended, is hereby amended by striking Code Section 68-506 in its entirety and inserting in lieu thereof a new Code Section 68506 to read as follows:
"68-506. Same; fees for issuance of, amendment to, or transfer. The commission shall collect the following fees pursuant to this chapter:
(a) A fee of $75.00 to accompany each application for a certificate of public convenience and necessity or amendment to an existing certificate where applicant owns or operates less than six motor vehicles;

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617

(b) A fee of $150.00 to accompany each application for a certificate of public convenience and necessity or amendment to an existing certificate where applicant owns or operates six to 15 motor vehicles;
(c) A fee of $200.00 to accompany each application for a certificate of public convenience and necessity or amendment to an existing certificate where applicant owns or operates over 15 motor vehicles;
(d) A fee of $75.00 to accompany each application for transfer of a certificate;
(e) A fee of $50.00 to accompany each application for intrastate emergency temporary authority."
Section 2. Said Code chapter is further amended by adding between Code Sections 68-510 and 68-511 a new Code section, to be designated Code Section 68-510.1, to read as follows:
"68-510.1. Delegation of authority; appeals. In any case pending before the commission pursuant to the provisions of this Code chapter, the commission shall be authorized to delegate any of its authority under this Code chapter to designated employees of the commission and decisions of such employees shall have the same effect as decisions of the commission; provided, however, that any party to a proceeding aggrieved by a final decision of an employee of the commission shall have the right of appeal to the commission. The appeal shall be filed no later than the tenth day after the decision of the employee, and the commission shall set the date for the hearing of the appeal, unless the party whose case is pending before the commission request in writing that the commission itself hear the case."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

618

GENERAL ACTS AND RESOLUTIONS, VOL. I

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

PUBLIC SERVICE COMMISSION - MOTOR COMMON CARRIERS.
Code Chapter 68-6 Amended.
No. 966 (House Bill No. 1108).
AN ACT
To amend Code Chapter 68-6, relating to motor common carriers, as amended, so as to authorize the Georgia Public Service Commission to delegate its authority under certain circumstances; to provide for appeals to the commission; to provide for and require the collection of certain application fees; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Chapter 68-6, relating to motor common carriers, as amended, is hereby amended by adding between Code Sections 68-613 and 68-614 a new Code section, to be designated Code Section 68-613.1, to read as follows:
"68-613.1. Delegation of authority; appeals. In any case pending before the commission pursuant to the provisions of this Code chapter, the commission shall be authorized to delegate any of its authority under this Code chapter to designated employees of the commission and decisions of such employees shall have the same effect as decisions of the commission; provided, however, that any party to a proceeding aggrieved by a final decision of an employee of the commission shall have the right of appeal to the commission.

GEORGIA LAWS 1980 SESSION

619

The appeal shall be filed no later than the tenth day after the decision of the employee, and the commission shall set the date for the hearing of the appeal unless the party whose case is pending before the commission requests in writing that the commission itself hear the case."
Section 2. Said Code chapter is further amended by striking Code Section 68-622 in its entirety and inserting in lieu thereof a new Code Section 68-622 to read as follows:
"68-622. Same; fees for issuance of, amendment to, or transfer. The commission shall collect the following fees pursuant to this chapter:
(a) A fee of $75.00 to accompany each application for a certificate of public convenience and necessity or amendment to an existing certificate where applicant owns or operates less than six motor vehicles;
(b) A fee of $150.00 to accompany each application for a certificate of public convenience and necessity or amendment to an existing certificate where applicant owns or operates six to 15 motor vehicles; i
(c) A fee of $200.00 to accompany each application for a certificate of public convenience and necessity or amendment to an existing certificate where applicant owns or operates over 15 motor vehicles;
(d) A fee of $75.00 to accompany each application for transfer of a certificate;
(e) A fee of $50.00 to accompany each application for intrastate emergency temporary authority."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

620

GENERAL ACTS AND RESOLUTIONS, VOL. I

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

ABATEMENT, ETC. OF NUISANCES.
Code Chapter 72-2 Amended.
No. 967 (House Bill No. 1109).
AN ACT
To amend Code Chapter 72-2, relating to abatement of nuisances generally, so as to change the provisions relating to manner of abatement; to change the provisions relating to restraint of a public nuisance; to change the provisions relating to abatement of a private nuisance; to change the provisions relating to issuance of injunctions where consequence will be irreparable damage; to repeal specific sections of the Code of Georgia of 1933, relating to manner of abatement of nuisances; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Chapter 72-2 is hereby amended by striking Code Section 72-201, which reads as follows:
"72-201. Manner of abatement.--Any nuisance which tends to the immediate annoyance of the citizens in general, is manifestly injurious to the public health or safety, or tends greatly to corrupt the manners and morals of the people may be abated and suppressed by the order of any two or more justices of the peace of the county, founded upon the verdict of 12 freeholders of the same county, who shall be summoned, sworn, and impaneled for that purpose; which order shall be directed to and served by the sheriff of the county or his deputy.",

GEORGIA LAWS 1980 SESSION

621

in its entirety and inserting in lieu thereof a new Code Section 72201 to read as follows:
"72-201. Authorization and procedure for abatement of nuisances generally. Upon filing of a petition as provided in Code Section 72-202, any nuisance which tends to the immediate annoyance of the public in general, is manifestly injurious to the public health or safety, or tends greatly to corrupt the manners and morals of the public may be abated by order of a judge of the superior court of the county in which the nuisance exists."
Section 2. Said Code chapter is further amended by striking Code Section 72-202, which reads as follows:
"72-202. Public nuisance, how restrained.BPrivate citizens may not generally interfere to have a public nuisance enjoined, but the petition must proceed for the public on information filed by the solicitor general of the circuit. A public nuisance may be abated on the application of any citizen specially injured.",
in its entirety and inserting in lieu thereof a new Code Section 72202 to read as follows:
"72-202. Filing of petition to abate public nuisance. Private citizens may not generally interfere to have a public nuisance abated. A petition must be filed by the district attorney on behalf of the public. However, a public nuisance may be abated upon filing of a petition by any private citizen specially injured."
Section 3. Said Code chapter is further amended by striking from Code Section 72-203 the following:
"on the application of",
and inserting in lieu thereof the following:
"upon filing of a petition by",
so that when so amended Code Section 72-203 shall read as follows:
"72-203. Filing of petition to abate private nuisance. A private nuisance may be abated upon filing of a petition by the person injured."

622

GENERAL ACTS AND RESOLUTIONS, VOL. I

Section 4. Said Code chapter is further amended by striking Code Section 72-204, which reads as follows:
"72-204. Injunction where consequences irreparable in damages--Where the consequences of a nuisance about to be erected or commenced will be irreparable in damages, and such consequences are not merely possible, but to a reasonable degree certain, equity may interfere to arrest a nuisance before it is completed.",
in its entirety and inserting in lieu thereof a new Code Section 72204 to read as follows:
"72-204. Issuance of injunction where nuisance about to be erected or commenced likely to result in irreparable damage. Where the consequence of a nuisance about to be erected or commenced will be irreparable damage and such consequence is not merely possible, but to a reasonable degree certain, an injunction may be issued to restrain the nuisance before it is completed."
Section 5. The following provisions of the Code of Georgia of 1933 are hereby repealed in their entirety:
(1) Code Section 72-205, relating to manner of abatement of gristmills, sawmills, or other water machinery.
(2) Code Section 72-206, relating to the procedure for obtaining a jury in such proceedings.
(3) Code Section 72-207, relating to the fees of judges of probate court, witnesses, and juries in such proceedings.
(4) Code Section 72-208, relating to compensation for removal of such nuisances.
Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

GEORGIA LAWS 1980 SESSION

623

GEORGIA BUSINESS CORPORATION CODE AMENDED.
Code Title 22 Amended.
No. 968 (House Bill No. 1110).
AN ACT
To amend Code Title 22, relating to corporations, as amended, so as to provide for the redemption of shares at the option of the holder on or subsequent to a certain date; to change certain filing fees of profit corporations; to change the notice requirements in involuntary dissolution proceedings; to provide the form and procedure to be used in applications for reinstatement of domestic corporations; to provide that applications for reinstatement shall include a certificate authorizing a corporate name if the name of the dissolved corporation is not available; to provide the procedures connected with involuntary dissolution proceedings instituted by the Secretary of State; to provide that applications by foreign corporations for a certificate of authority shall be accompanied by the written consent to appointment of the registered agent; to provide that all registered agents of foreign corporations shall be appointed only by prior written consent; to provide for the filing and form of written consent of registered agents of foreign corporations by the Secretary of State; to provide for the application of a foreign corporation under the Georgia Business Corporation Code and the Georgia Nonprofit Corporation Code; to change certain filing fees of nonprofit corporations; to change the provisions relative to involuntary dissolution by nonprofit corporations; to provide that the assistant corporation commissioner shall be charged with the execution of the duties of the Secretary of State in the event the office of Secretary of State shall become vacant by resignation, death, or otherwise; to provide for severability; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Title 22, relating to corporations, as amended, is hereby amended by striking paragraph (1) of subsection (b) of Code Section 22-501 in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows:

624

GENERAL ACTS AND RESOLUTIONS, VOL. I

"(1) Subject to the right of the corporation at its option, or at the option of the holder, to redeem any of such shares at the price and within the period or periods and under any conditions fixed by the articles of incorporation for the redemption thereof and otherwise in accordance with the provisions of this title; provided that any such redemption by the holder shall be consummated only on or subsequent to July 1, 1980."
Section 2. Said Code title is further amended by adding a new paragraph (6) at the end of subsection (c) of Code Section 22-803 to read as follows:
"(6) A consent to appointment as registered agent, as provided for in Code Section 22-401(c)."
Section 3. Said Code title is further amended by striking paragraph (3) of subsection (c) of Code Section 22-905 in its entirety and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) A check, draft, or money order in the amount of $16.00 payable to the clerk of the superior court of the county where the registered office of the corporation is located on the day of delivery of the articles of amendment to the Secretary of State, in payment of the cost of filing the articles of amendment in said county."
Section 4. Said Code title is further amended by striking paragraph (4) of subsection (g) of Code Section 22-907 in its entirety and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4) A check, draft, or money order in the amount of $16.00 payable to the clerk of the superior court of the county where the registered office of the corporation is located on the day of delivery of the restated articles of incorporation to the Secretary of State, in payment of the cost of filing the restated articles of incorporation in said county."
Section 5. Said Code title is further amended by striking paragraph (3) of subsection (d) of Code Section 22-1004 in its entirety and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) A check, draft, or money order in the amount of $16.00 payable to the clerk of the superior court of the county where the

GEORGIA LAWS 1980 SESSION

625

registered office of the surviving or new corporation is to be located, in payment of the cost of filing the articles of merger or articles of consolidation in said county."
Section 6. Said Code title is further amended by striking paragraph (3) of subsection (b) of Code Section 22-1313 in its entirety and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) A check, draft, or money order in the amount of $16.00 payable to the clerk of the superior court of the county where the registered office of the corporation is located on the day of delivery of the articles of dissolution to the Secretary of State, in payment of the cost of filing the articles of dissolution in said county."
Section 7. Said Code title is further amended by striking subsection (b) of Code Section 22-1314 in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) No corporation shall be involuntarily dissolved under this Code section unless the Secretary of State has given the corporation not less than 60 days' notice of its delinquency or omission by regular mail, postage prepaid, addressed to its registered office or, if there is no registered office, to the last known address of the corporation or any officer, director, or incorporator of the corporation, as shown by the records of the Secretary of State, and unless the corporation has failed to correct the delinquency or omission before involuntary dissolution."
Section 8. Said Code title is further amended by striking subsection (e) of Code Section 22-1314 in its entirety and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) A corporation dissolved by the Secretary of State under the provisions of this Code section or by operation of any prior law shall be reinstated by the Secretary of State, by the issuance of a certificate of reinstatement, at any time within five years from the date of the certificate of involuntary dissolution upon approval of an application for reinstatement signed by a majority of the persons who were directors of the corporation at the time of its involuntary dissolution and who are living and whose whereabouts can be discovered after reasonable efforts at the time of the petition. Said petition shall be approved after it has been filed with the Secretary

626

GENERAL ACTS AND RESOLUTIONS, VOL. I

of State whenever it is established to the satisfaction of the Secretary of State that in fact there was no cause for dissolution, or whenever the omission or delinquency resulting in dissolution has been corrected and payment made of all fees, taxes, and penalties which accrued before the dissolution. The application for reinstatement shall be in substantially the following form:

Application for Reinstatement of a Domestic Corporation

To: The Secretary of State Atlanta, Georgia

Pursuant to the provisions of Code Chapter 22-13, the undersigned domestic corporation hereby applies for a certificate of reinstatement of a domestic corporation and, for that purpose, submits the following:

First:

The name of the domestic corporation at the date of the certificate of involuntary dissolution was

Second: The new name by which the domestic corporation will

hereafter be known is

'T-

Third:

The certificate of involuntary dissolution was issued

on

- for failure to comply with the requirements

stated in Code Section 22-131(a).

Fourth: The address, including street and number of its registered office in Georgia, is- pMjillp&nd the name of its registered agent in Georgia at that address is

Fifth:

The application is accompanied by all delinquent reports together with the filing fees and penalties required by the Georgia Business Corporation Code.

GEORGIA LAWS 1980 SESSION

627

Date 'i't io i . 19

(A majority of the directors at the time of its involuntary dissolution who are now living and whose whereabouts can be determined after reasonable effort.)
The application for reinstatement shall also be accompanied by an amount equal to the total annual report fees and license or occupation taxes which would have been payable during the period between dissolution and reinstatement, a reinstatement filing fee of $25.00, and the cost of publishing the notice provided for in subsection (d) of this Code section. Reinstatement shall not be authorized if the name of the dissolved corporation is not available in accordance with Code Section 22-301 unless the application for reinstatement includes an adoption of a corporate name that is available in accordance with Code Section 22-301 and includes a certificate for said name in accordance with Code Section 22-302. In the event an application for reinstatement adopts a new corporation name for the corporation as herein provided, the articles of incorporation of such corporation shall be deemed to have been amended to change the name of the corporation to the name so adopted. Upon the issuance of the certificate of reinstatement, the corporate existence shall be deemed to have continued from the date of the certificate of involuntary dissolution."
Section 9. Said Code title is further amended by adding a new subsection (k) at the end of Code Section 22-1314 to read as follows:
"(k) Notwithstanding the foregoing provisions of this Code section, a corporation which was in existence on April 1, 1969, may be dissolved involuntarily by the Secretary of State, without any notice to such corporation and without any publication of the involuntary dissolution except for the publication of notice required in this subsection (k), when said corporation has not filed any of the annual reports with the Secretary of State, as required by Code Section 221502, for the years from 1969 through 1978, and prior to said

628

GENERAL ACTS AND RESOLUTIONS, VOL. I

involuntary dissolution said corporation has not corrected such delinquency by filing an annual report for 1978 with the Secretary of State and paying all required fees and penalties for the years 1969 through 1978. When a corporation has given cause for involuntary dissolution under this subsection (k) and has failed to correct the delinquency as provided in this subsection (k), the Secretary of State shall dissolve the corporation by issuing a certificate of involuntary dissolution containing a statement that the corporation has been dissolved and the date and reason for which it was dissolved. Prior to the issuance of a certificate of involuntary dissolution pursuant to the provisions of this subsection (k), the Secretary of State shall cause notice thereof to be published one time, at least 30 days prior to the issuance of said certificate, in the official legal organ of the county in which the corporation was originally incorporated, and said notice shall be in substantially the following form:

`Involuntary Dissolution of Corporation(s) by the Secretary of State

The following corporation(s) will be involuntarily dissolved by

the Secretary of State of Georgia on or about :

' ' iv- . >$

19 , (month, day, and and year), by the issuance of a certificate of

involuntary dissolution in accordance with Section 22-1314(k) of

the Georgia Business Corporation Code.'

The rates to be allowed to publishers for publishing this notice of involuntary dissolution shall be $3.50 for each 100 words in the insertion. In all cases fractional parts shall be charged for at the same rates.

The Secretary of State may cause one notice to be published and may issue one certificate of involuntary dissolution for more than one corporation dissolved involuntarily by the Secretary of State pursuant to this subsection (k). The certificate of involuntary dissolution shall be placed in the records of the Secretary of State. Upon the issuance of the certificate of involuntary dissolution, the existence of the corporation shall cease, except as otherwise provided in this Code section and in Code Section 22-1325, and its name shall be available to and may be adopted by another corporation after the dissolution."

GEORGIA LAWS 1980 SESSION

629

Section 10. Said Code title is further amended by adding a new paragraph (12) at the end of subsection (a) of Code Section 22-1405 to read as follows:
"(12) The application shall be accompanied by a consent to appointment as registered agent, as provided for in Code Section 221408(c)."
Section 11. Said Code title is further amended by adding a new subsection (c) at the end of Code Section 22-1408 to read as follows:
"(c) No registered agent shall be appointed without his or its prior written consent. Such written consent shall be filed with or as a part of the document first appointing any registered agent and shall be in such form as the Secretary of State may prescribe."
Section 12. Said Code title is further amended by adding a new Code Section 22-1417.1 immediately following Code Section 221417 to read as follows:
"22-1417.1. Application for reinstatement of a foreign corporation. (a) A foreign corporation whose certificate of authority has been revoked by the Secretary of State under the conditions prescribed by Code Section 22-1417 or by operation of any prior law shall be reinstated by the Secretary of State by the issuance of a certificate of reinstatement. The certificate of reinstatement may be issued at any time within five years from the date of the certificate of revocation upon approval of an application for reinstatement, executed by the foreign corporation as provided in Code Section 22104, and filed with the Secretary of State as provided in Code Section 22-105. The Secretary of State shall issue the certificate of reinstatement whenever it is established to the satisfaction of the Secretary of State that in fact there was no cause for revocation or whenever the omission or delinquency resulting in revocation has been corrected and payment made of all fees, taxes, and penalties which accrued before revocation.
(b) The application for reinstatement shall also be accompanied by an amount equal to the total of all fees, taxes, and penalties which would have been payable for the years or parts thereof during the period between revocation and reinstatement and a reinstatement filing fee of $25.00. Reinstatement shall not be autho-

630

GENERAL ACTS AND RESOLUTIONS, VOL. I

rized if the name of the foreign corporation is not available in accordance with Code Section 22-1403 unless the application for reinstatement includes an adoption of a corporate name that is available. In the event an application for reinstatement adopts a new corporation name for the foreign corporation as herein provided, the original certificate of authority shall be deemed to have been amended to change the name of the foreign corporation to the name so adopted. In the event that a foreign corporation amends its articles of incorporation or is a party to a merger during the period between revocation and reinstatement, it shall accompany its application for reinstatement with a duly executed copy of such amendment, or of the articles or agreement of merger, pursuant to the general provisions of Code Sections 22-1411 and 22-1412. Upon the issuance of the certificate of reinstatement, the corporation's authorization to transact business in this state, pursuant to its original application to transact business, shall be deemed to have continued from the date of the certificate of revocation.
(c) The application for reinstatement shall be in substantially the following form:

Application for Reinstatement of Certificate of Authority
To: The Secretary of State Atlanta, Georgia
Pursuant to the provisions of Title 22, Chapter 22-1417.1 of the Georgia Business Corporation Code, the undersigned foreign corporation hereby applies for a certificate of reinstatement of a foreign corporation and, for that purpose, submits the following:

First:

The name of the domestic corporation at the date of the certificate of involuntary dissolution was

Second: The new name by which the foreign corporation will

hereafter be known is

_.

Third:

The certificate of authority to transact business in the

State of Georgia was revoked on

, for failure to

follow the requirements stated in Code Section 22-1417.

GEORGIA LAWS 1980 SESSION

631

Fourth: The address, including street and number of its

registered office in Georgia, is and the name of

its registered agent in Georgia at that address is

.

Fifth:

The application is accompanied by all delinquent reports together with the filing fees and penalties required by the Georgia Business Corporation Code.

Date.vitn .i i. 19
(President or vice-president)
(Secretary or assistant secretary)."
Section 13. Said Code title is further amended by striking subsection (b) of Code Section 22-3107 in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Together with the articles of dissolution, the corporation shall cause to be delivered to the Secretary of State:
(1) A check, draft, or money order in the amount of $16.00 payable to the clerk of the superior court of the county where the registered office of the corporation is located on the day of delivery of the articles of dissolution to the Secretary of State, in payment of the cost of filing the articles of dissolution in said county.
(2) Payment to the Secretary of State of the fee provided for in Code Section 22-3402."
Section 14. Said Code title is further amended by striking Code Section 22-3108 in its entirety and inserting in lieu thereof a new Code Section 22-3108 to read as follows:
"22-3108. Involuntary dissolution by Secretary of State. The provisions of Code Section 22-1314 of Part I of this title shall apply equally to corporations which are subject to Code Chapters 22-21 through 22-40 of this title."

632

GENERAL ACTS AND RESOLUTIONS, VOL. I

Section 15. Said Code title is further amended by adding a new paragraph (9) at the end of subsection (a) of Code Section 22-3205 to read as follows:
"(9) The application shall be accompanied by a consent to appointment as registered agent, as provided for in Code Section 223208(c)."
Section 16. Said Code title is further amended by adding a new subsection (c) at the end of Code Section 22-3208 to read as follows:
"(c) No registered agent shall be appointed without his or its prior written consent. Such written consent shall be filed with or as a part of the document first appointing any registered agent and shall be in such form as the Secretary of State may prescribe."
Section 17. Said Code title is further amended by adding a new Code Section 22-3217.1 immediately following Code Section 223217 to read as follows:
"22-3217.1. Application for reinstatement of a foreign corporation. (a) A foreign corporation whose certificate of authority has been revoked by the Secretary of State under the conditions prescribed by Code Section 22-3217 or by operation of any prior law shall be reinstated by the Secretary of State by the issuance of a certificate of reinstatement. The certificate of reinstatement may be issued at any time within five years from the date of the certificate of revocation upon approval of an application for reinstatement, executed by the foreign corporation as provided in Code Section 222104, and filed with the Secretary of State as provided in Code Section 22-2105. The Secretary of State shall issue the certificate of reinstatement whenever it is established to the satisfaction of the Secretary of State that in fact there was no cause for revocation or whenever the omission or delinquency resulting in revocation has been corrected and payment made of all fees, taxes, and penalties which accrued before revocation.
(b) The application for reinstatement shall also be accompanied by an amount equal to the total of all fees, taxes, and penalties which would have been payable for the years or parts thereof during the period between revocation and reinstatement and a reinstatement filing fee of $25.00. Reinstatement shall not be autho-

GEORGIA LAWS 1980 SESSION

633

rized if the name of the foreign corporation is not available in accordance with Code Section 22-3203 unless the application for reinstatement includes an adoption of a corporate name that is available. In the event an application for reinstatement adopts a new corporation name for the foreign corporation as herein provided, the original certificate of authority shall be deemed to have been amended to change the name of the foreign corporation to the name so adopted. In the event that a foreign corporation amends its articles of incorporation or is a party to a merger during the period between revocation and reinstatement, it shall accompany its application for reinstatement with a duly executed copy of such amendment, or of the articles or agreement of merger, pursuant to the general provisions of Code Sections 22-3211 and 22-3212. Upon the issuance of the certificate of reinstatement, the corporation's authorization to transact business in this state, pursuant to its original application to transact business, shall be deemed to have continued from the date of the certificate of revocation.
(c) The application for reinstatement shall be in substantially the following form:

Application for Reinstatement of Certificate of Authority
To: The Secretary of State Atlanta, Georgia

Pursuant to the provisions of Code Chapter 22-32 of the Georgia Nonprofit Corporation Code, the undersigned foreign corporation hereby applies for a certificate of reinstatement of a foreign corporation and, for that purpose, submits the following:

First:

The name of the domestic corporation at the date of the

certificate of involuntary dissolution was

.

Second: The new name by which the foreign corporation will

hereafter be known is

.

Third:

The certificate of authority to transact business in the

State of Georgia was revoked on

, for failure to

follow the requirements stated in Code Section 22-3217.

634

GENERAL ACTS AND RESOLUTIONS, VOL. I

Fourth: The address, including street and number of its

registered office in Georgia, is

; and the name of

its registered agent in Georgia at that address is

Fifth:

The application is accompanied by all delinquent reports together with the filing fees and penalties required by the Georgia Nonprofit Corporation Code.

Date

, 19.

(President or vice-president)

(Secretary or assistant secretary)."
Section 18. Said Code title is further amended by adding two new subsections at the end of Code Section 22-3402, to be designated subsections (p) and (q), to read as follows:
"(p) Filing a statement of intent to dissolve a nonprofit corporation, $1.00.
(q) Filing a statement of revocation of voluntary dissolution proceedings, $1.00."
Section 19. Said Code title is further amended by striking Code Section 22-5201 in its entirety and inserting in lieu thereof a new Code Section 22-5201 to read as follows:
"22-5201. Secretary of State as ex officio corporation commissioner. The Secretary of State shall be ex officio corporation commissioner and shall be charged with the execution of the duties set forth in this title. Where the office of Secretary of State shall become vacant by resignation, death, or otherwise, his authority as ex officio corporation commissioner shall immediately vest in the assistant corporation commissioner who shall be charged with the execution of the duties of the Secretary of State set forth in this title until the office of Secretary of State ceases to be vacant."

GEORGIA LAWS 1980 SESSION

635

Section 20. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares'that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 21. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

COOPERATIVE MARKETING ACT AMENDED.
Code Chapter 65-2 Amended.
No. 969 (House Bill No. 1111).
AN ACT
To amend Code Chapter 65-2, known as the "Cooperative Marketing Act," as amended, so as to provide for the filing of articles of incorporation with the Secretary of State; to change certain references; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Chapter 65-2, known as the "Cooperative Marketing Act," as amended, is hereby amended by striking Code Section 65-203 in its entirety and inserting in lieu thereof a new Code Section 65-203 to read as follows:

636

GENERAL ACTS AND RESOLUTIONS, VOL. I

"65-203. Filing of articles of incorporation; contents. Such persons desiring to be incorporated under this Code chapter must prepare and file in the office of the Secretary of State a petition for articles of incorporation, setting forth:
(a) The name of the association.
(b) The purpose for which it is formed.
(c) The place where its principal business will be transacted.
(d) The term for which it is to exist, not exceeding 50 years.
(e) The names and addresses (not less than five) of those who are to serve as directors for the first term or until the election of their successors.
(f) If organized without capital stock, whether the property rights and interest of each member shall be equal or unequal; and, if unequal, the articles shall set forth the general rule or rules applicable to all members by which the property rights and interests, respectively, of each member may and shall be determined and fixed; and the association shall have the power to admit new members who shall be entitled to share in the property of the association with the old members, in accordance with such general rule or rules. This provision of the charter shall not be altered, amended, or repealed except by the written consent or the vote of three-fourths of the members.
(g) If organized with capital stock, the amount of such stock and the number of shares into which it is divided and the par value thereof. The capital stock may be divided into preferred and common stock. If so divided, the articles of incorporation must contain a statement of the number of shares of stock to which preference is granted and the number of shares of stock to which no preference is granted and the nature and extent of the preference and privileges granted to each.
In addition to the foregoing, the articles of incorporation may contain any provision consistent with law with respect to management, regulation, government, financing, indebtedness, membership, the establishment of voting districts, and the election of dele-

GEORGIA LAWS 1980 SESSION

637

gates for representative purposes, the issuance, retirement, and transfer of its stock, if formed with capital stock, or any provisions relative to the way or manner in which it shall operate with respect to its members, officers, or directors, and any other provisions relating to its affairs: Provided, that nothing so set forth shall be construed as limiting any of the rights or powers otherwise given to such associations.
The articles of incorporation must be subscribed by the incorporators and verified by one of them before an officer authorized by the law of this state to attest deeds and conveyances and shall be filed and further proceedings had in accordance with the provisions of the general corporation laws for the incorporation of private companies by the Secretary of State as set forth in Code Title 22."
Section 2. Said Code chapter is further amended by striking Code Section 65-204 in its entirety and inserting in lieu thereof a new Code Section 65-204 to read as follows:
"65-204. Amendment of charter. Amendments of the charter may be authorized at any regular meeting of the stockholders or members or at any special meeting called for that purpose. An amendment must first be approved by two-thirds of the directors and then adopted by a vote representing a majority of a quorum of the members attending a meeting of which notice of the proposed amendment shall have been given. Amendments to the charter, when so adopted, shall be applied for and secured in accordance with the provisions of the general corporation laws for the amendment of charters of corporations created by the Secretary of State, as provided in Code Title 22."
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

638

GENERAL ACTS AND RESOLUTIONS, VOL. I

GEORGIA JUSTICE COURTS TRAINING COUNCIL ACT AMENDED.
No. 970 (House Bill No. 1113).
AN ACT
To amend "The Georgia Justice Courts Training Council Act," approved March 14, 1978 (Ga. Laws 1978, p. 894), so as to redefine the term "justice of the peace" to include small claims court judges who are not practicing attorneys; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. "The Georgia Justice Courts Training Council Act," approved March 14, 1978 (Ga. Laws 1978, p. 894), is hereby amended by adding at the end of subsection (d) of Section 2 the following:
" `Justice of the peace' includes any small claims court judge who is not a practicing attorney but does not include any such judge who is a practicing attorney as evidenced by active membership in the State Bar of Georgia.",
so that when so amended said subsection shall read as follows:
"(d) `Justice of the peace' means justices of the peace and notary public ex officio justices of the peace. `Justice of the peace' includes any small claims court judge who is not a practicing attorney but does not include any such judge who is a practicing attorney as evidenced by active membership in the State Bar of Georgia."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

GEORGIA LAWS 1980 SESSION

639

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

BONDED WAREHOUSES.
Code Chapter 111-1, Code Section 111-9901 Repealed.
No. 971 (House Bill No. 1116).
AN ACT
To repeal Code Chapter 111-1, relating to bonded public warehousemen; to repeal Code Section 111-9901, relating to unlawful disposition of goods deposited in bonded public warehouses; to provide for a statement of purpose and intent; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The General Assembly hereby finds that, by an Act appearing in Ga. Laws 1899, p. 84, the General Assembly adopted a law relating to bonded public warehousemen which was subsequently codified in Code Chapter 111-1 and in Code Section 1119901. The General Assembly further finds that an Act adopting the Uniform Warehouse Receipts Law, Ga. Laws 1937-1938, Ex. Sess., p. 390, stated in its caption that one of its purposes was to repeal Code Chapter 111-1; but the actual repealing language was omitted from the body of the 1937-1938 law. The General Assembly further finds that the subject matter of Code Chapter 111-1 has been superseded and is now controlled by Code Chapter 111-5, the "Georgia State Warehouse Act," as amended. It is further found and determined that Code Chapter 111-1 and Code Section 111-9901 are obsolete and are no longer in effect in the State of Georgia and should be repealed.

640

GENERAL ACTS AND RESOLUTIONS, VOL. I

Section 2. Code Chapter 111-1 ,, relating to bonded public warehousemen, is hereby repealed in its entirety.
Section 3. Code Section 111-9901, relating to unlawful disposition of goods deposited in bonded public warehouses, is hereby repealed in its entirety.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

ACTS PROVIDING EXTRA COMPENSATION FOR SHERIFFS OF CERTAIN COUNTIES REPEALED.
No. 972 (House Bill No. 1117).
AN ACT
To repeal certain specific Acts of the General Assembly which provided for additional compensation for sheriffs and other county officials in certain counties of this state as a result of national defense activities during World War II and certain periods thereafter; to provide for a statement of purpose and intent; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The General Assembly hereby finds that a number of general Acts of local application were enacted during World War II which provided additional compensation for sheriffs and other county officials in various counties of this state as a result of national defense activities during World War II and for certain time periods thereafter. The General Assembly further finds that such Acts were enacted as a result of additional duties which were placed upon such officials as a result of World War II but that such Acts are no longer effective by their own terms or have been super-

GEORGIA LAWS 1980 SESSION

641

seded by subsequent Acts or have been declared unconstitutional by the courts of this state. Therefore, the purpose of this Act is to eliminate useless and archaic laws and to repeal such Acts which are no longer in effect.
Section 2. The following Acts are hereby repealed in their entirety:
(1) An Act providing additional compensation for sheriffs in all counties of this state having a population of not more than 4,482 and not less than 4,476 according to the federal census of 1940 or any other future federal census, approved March 9, 1945 (Ga. Laws 1945, p. 1089).
(2) An Act providing additional compensation for sheriffs in all counties of this state having a population of not more than 5,900 and not less than 5,890 according to the federal census of 1940 or any other future federal census, approved February 22, 1943 (Ga. Laws 1943, p. 585).
(3) An Act providing additional compensation for sheriffs in all counties of this state having a population of not more than 5.900 and not less than 5,890 according to the federal census of 1940 or any other future federal census, approved March 11, 1943 (Ga. Laws 1943, p. 586).
(4) An Act providing additional compensation for sheriffs in all counties of this state having a population of not more than 6.900 and not less than 6,890 according to the federal census of 1940 or any other future federal census, approved March 8, 1945 (Ga. Laws 1945, p. 1014).
(5) An Act providing additional compensation for sheriffs in all counties of this state having a population of not more than 6,900 and not less than 6,890 according to the federal census of 1940 or any other future federal census, approved March 8, 1945 (Ga. Laws 1945, p. 1043).
(6) An Act providing additional compensation for sheriffs in all counties of this state having a population of not more than 6,970 and not less than 6,940 according to the federal census of 1940 or any other future federal census, approved March 6, 21 1945 (Ga. Laws 1945, p. 838).

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(7) An Act providing additional compensation for sheriffs in all counties of this state having a population of not more than 8,340 and not less than 8,330 according to the federal census of 1940 or any other future federal census, approved March 9, 1945 (Ga. Laws 1945, p. 1185).
(8) An Act providing additional compensation for sheriffs in all counties of this state having a population of not more than 8,800 and not less than 8,750 according to the federal census of 1940 or any other future federal census, approved March 9, 1945 (Ga. Laws 1945, p. 1087).
(9) An Act providing additional compensation for sheriffs in all counties of this state having a population of not more than 8,850 and not less than 8,835 according to the federal census of 1940 or any other future federal census, approved January 25, 1945 (Ga. Laws 1945, p. 113).
(10) An Act providing additional compensation for sheriffs in all counties of this state having a population of not more than 9,110 and not less than 9,100 according to the federal census of 1910 and all other future censuses, approved January 24, 1945 (Ga. Laws 1945, p. 114).
(11) An Act providing additional compensation for sheriffs in all counties of this state having a population of not more than 9,120 and not less than 9,110 according to the federal census of 1940 or any other future federal census, approved March 19, 1943 (Ga. Laws 1943, p. 587).
(12) An Act providing additional compensation for clerks of the superior courts, judges of the probate courts, and sheriffs in all counties of this state having a population of not more than 9,140 and not less than 9,130 according to the federal census of 1940 or any other future federal census, approved March 6, 1945 (Ga. Laws 1945, p. 889).
(13) An Act providing additional compensation for sheriffs in all counties of this state having a population of not more than 10,445 and not less than 10,435 according to the federal census of 1940 or any other future federal census, approved March 8, 1945 (Ga. Laws 1945, p. 1011).

GEORGIA LAWS 1980 SESSION

643

(14) An Act providing additional compensation for sheriffs in all counties of this state having a population of not more than 11,810 and not less than 11,790 according to the federal census of 1940 or any other future federal census, approved March 6, 1945 (Ga. Laws 1945, p. 883).
(15) An Act providing additional compensation for sheriffs in all counties of this state having a population of not more than 12,210 and not less than 12,190 according to the federal census of 1940 or any other future federal census, approved March 19, 1943 (Ga. Laws 1943, p. 588).
(16) An Act providing additional compensation for sheriffs in all counties of this state having a population of not more than 13,010 and not less than 12,990 according to the federal census of 1940 or any other future federal census, approved March 19, 1943 (Ga. Laws 1943, p. 590).
(17) An Act providing additional compensation for sheriffs in all counties of this state having a population of not more than 15,150 and not less than 15,140 according to the federal census of 1940 or any other future federal census, approved March 6, 1945 (Ga. Laws 1945, p. 950).
(18) An Act providing additional compensation for sheriffs in all counties of this state having a population of not more than 20,500 and not less than 20,490 according to the federal census of 1940 or any other future federal census, approved March 9, 1945 (Ga. Laws 1945, p. 1182).
(19) An Act providing additional compensation for sheriffs in all counties of this state having a population of not more than 29,100 and not less than 29,080 according to the federal census of 1940 or any other future federal census, approved March 9, 1945 (Ga. Laws 1945, p. 1090).

644

GENERAL ACTS AND RESOLUTIONS, VOL. I

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

SECRETARY OF STATE TO FURNISH ACTS TO LEGISLATIVE COUNSEL.
Code Section 40-604.1 Enacted.
No. 973 (House Bill No. 1118).
AN ACT
To amend Code Chapter 40-6, relating to the duties and powers of the Secretary of State, as amended, so as to provide that it shall be the duty of the Secretary of State to furnish copies of Acts and resolutions of the General Assembly to the Office of Legislative Counsel; to provide for time limitations; to provide for requirements; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Chapter 40-6, relating to the duties and powers of the Secretary of State, as amended, is hereby amended by adding, following Code Section 40-604, a new Code Section 40-604.1, to read as follows:
"40-604.1. Duty to provide copies of Acts and resolutions of the General Assembly to the Office of Legislative Counsel. Within 30 days after any Act or resolution of the General Assembly is approved by the Governor or becomes law without such approval, it shall be the duty of the Secretary of State to provide to the Office of Legislative Counsel of the General Assembly 15 printed, softbound copies thereof with a certificate thereon showing the date it became

GEORGIA LAWS 1980 SESSION

645

law and the page numbers on which each such Act or resolution will appear in the Georgia Session Laws for that year."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

STATE BOARD OF EDUCATION - SCHOOLS FOR DEAF AND BLIND.
Code Chapter 35-7 Repealed.
No. 974 (House Bill No. 1119).
AN ACT
To repeal Code Chapter 35-7, relating to the Academy for the Blind, as amended by an Act approved February 26, 1937 (Ga. Laws 1937, p. 355), an Act approved February 8, 1943 (Ga. Laws 1943, p. 230), and an Act approved February 17, 1977 (Ga. Laws 1977, p. 172); to repeal Code Chapter 35-8, relating to the Georgia School for the Deaf, as amended by an Act approved February 26, 1937 (Ga. Laws 1937, p. 355) and an Act approved February 8, 1943 (Ga. Laws 1943, p. 230); to amend an Act relating to the abolition of the Board of Control and the transfer of its functions to the State Board of Public Welfare, approved February 26, 1937 (Ga. Laws 1937, p. 355), as amended by an Act approved February 8, 1943 (Ga. Laws 1943, p. 230), so as to repeal certain provisions relating to the Georgia Academy for the Blind and the Georgia School for the Deaf; to amend an Act known as the "Adequate Program for Education in Georgia Act," approved March 26, 1974 (Ga. Laws 1974, p. 1045), as amended, so as to authorize the State Board of Education to operate such special schools as the Georgia

646

GENERAL ACTS AND RESOLUTIONS, VOL. I

School for the Deaf, the Georgia Academy for the Blind, and the Atlanta Area School for the Deaf; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Chapter 35-7, relating to the Academy for the Blind, as amended by an Act approved February 26, 1937 (Ga. Laws 1937, p. 355), an Act approved February 8, 1943 (Ga. Laws 1943, p. 230), and an Act approved February 17, 1977 (Ga. Laws 1977, p. 172), is hereby repealed in its entirety.
Section 2. Code Chapter 35-8, relating to the Georgia School for the Deaf, as amended by an Act approved February 26, 1937 (Ga. Laws 1937, p. 355) and an Act approved February 8, 1943 (Ga. Laws 1943, p. 230), is hereby repealed in its entirety.
Section 3. An Act relating to the abolition of the Board of Control and the transfer of its functions to the State Board of Public Welfare, approved February 26, 1937 (Ga. Laws 1937, p. 355), as amended by an Act approved February 8, 1943 (Ga. Laws 1943, p. 230), is hereby amended by striking from Section 18 of said Act the following:
"Provided further that 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 of the 1933 Georgia Code, and the Georgia School for the Deaf, as laid down in Chapter 35-8 of the 1933 Georgia Code, be, and they are, hereby taken from the State Board of Public Welfare and transferred to the State Board of Education."
Section 4. Said Act is further amended by striking Section 18A, which reads as follows:
"Section 18A. No statute nor regulation as to uniformity of curricula, course of study, text books, 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,

GEORGIA LAWS 1980 SESSION

647

and education, specially adapted to their needs, and the State Board of Education is authorized to act accordingly.",
in its entirety.
Section 5. Said Act is further amended by striking Section 18B, which reads as follows:
"Section 18B. 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.",
in its entirety.
Section 6. Said Act is further amended by striking Section 18C, which reads as follows:
"Section 18C. 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.",
in its entirety.
Section 7. Said Act is further amended by striking Section 18D, which reads as follows:
"Section 18D. 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

648

GENERAL ACTS AND RESOLUTIONS, VOL. I

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 or 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.",
in its entirety and inserting in lieu thereof a new Section 18D to read as follows:
"Section 18D. Any trust fund or property, real, personal, or mixed, specifically including the `Pupils' Trust Fund' pertaining to the Georgia Academy for the Blind, that may have been created by will or otherwise as a fund or gift or donation or devise to any board of trustees of the Georgia Academy for the Blind, or the Georgia School for the Deaf, or the Atlanta Area School for the Deaf, or to any executor or trustee to and for the use, benefit, or on behalf of any such institution, shall not lapse but shall remain valid and of full force and effect; and such beneficial interest under any such deed or gift or will or other conveyance shall vest in the State Board of Education as trustee to and for the use, benefit, and on behalf of the institution intended to be benefited by the gift, devise, or other conveyance in its favor. In any case in which any deed or gift or will or other conveyance for the use or benefit of the Acaderpy for the Blind or the School for the Deaf requires a trustee and no trustee shall exist, the State Board of Education shall be and become a substituted trustee to carry out the beneficial purposes of said gift, devise, or conveyance."
Section 8. An Act known as the "Adequate Program for Education in Georgia Act," approved March 26, 1974 (Ga. Laws 1974, p. 1045), as amended, is hereby amended by striking the word "or" at the end of paragraph (2) of subsection (c) of Section 5 of said Act and by striking the period at the end of paragraph (3) of subsection (c) of Section 5 of said Act and inserting in lieu thereof the following:

GEORGIA LAWS 1980 SESSION

649

or",
and by adding following paragraph (3) of subsection (c) of Section 5 a new paragraph (4) to read as follows:
"(4) operating such special schools as the Georgia School for the Deaf, the Georgia Academy for the Blind, and the Atlanta Area School for the Deaf."
Section 9. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

GEORGIA CIVIL PRACTICE ACT AMENDED - FORMS.
No. 975 (House Bill No. 1120).
AN ACT
To amend an Act known as the "Georgia Civil Practice Act," approved March 18, 1966 (Ga. Laws 1966, p. 609), as amended, so as to change certain forms in order to comply with provisions of the Act and to make the forms contained in such Act more useful to the courts, members of the bar, and the citizens of Georgia; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act known as the "Georgia Civil Practice Act," approved March 18, 1966 (Ga. Laws 1966, p. 609), as amended, is hereby amended by striking Section 103 in its entirety and inserting in lieu thereof a new Section 103 to read as follows:
"Section 103. Form of complaint on a promissory note.

650

GENERAL ACTS AND RESOLUTIONS, VOL. I

THE SUPERIOR COURT FOR THE COUNTY

OF

, STATE OF GEORGIA

Civil Action, File Number

(Clerk will insert number.)

A. B., Plaintiff

)

)

v.

)

)

C. D., Defendant )

Complaint.

The defendant herein named is a resident of (street) _,

(city) ,.

County, Georgia, and is subject to the jurisdic-

tion of this court.

1. Defendant on or about June 1, 1965, executed and delivered to plaintiff a promissory note in the following words and figures: (here set out the note verbatim); (a copy of which is hereto annexed as Exhibit A); (whereby defendant promised to pay to plaintiff or order on June 1, 1966, the sum of $10,000.00 with interest thereon at the rate of 6 percent per annum).

2. Defendant owes to plaintiff the amount of said note and interest.

Wherefore, plaintiff demands judgment against defendant for the sum of $10,000.00, interest, costs, and attorney fees (where applicable).

Signed:

Attorney for Plaintiff

GEORGIA LAWS 1980 SESSION

651

Address:

Section 2. Said Act is further amended by striking Section 104 in its entirety and inserting in lieu thereof a new Section 104 to read as follows:

"Section 104. Form of complaint on an account.

THE SUPERIOR COURT FOR THE COUNTY

OF

,, STATE OF GEORGIA

Civil Action, File Number

(Clerk will insert number.)

A. B., Plaintiff

)

)

v.

)

) C. D., Defendant )

Complaint.

The defendant herein named is a resident of (street) ,

(city) ,

County, Georgia, and is subject to the jurisdic-

tion of this court.

Defendant owes plaintiff $10,000.00 according to the account hereto annexed as Exhibit A.

Wherefore, plaintiff demands judgment against defendant for the sum of $10,000.00, interest, costs, and attorney fees (where applicable).

Signed:

Attorney for Plaintiff

652

GENERAL ACTS AND RESOLUTIONS, VOL. I

Address:

Section 3. Said Act is further amended by striking Section 105 in its entirety and inserting in lieu thereof a new Section 105 to read as follows:
"Section 105. Form of complaint for goods sold and delivered.
THE SUPERIOR COURT FOR THE COUNTY OF I , STATE OF GEORGIA

Civil Action, File Number

(Clerk will insert number.)

A. B., Plaintiff

)

)

v.

)

)

C. D., Defendant )

Complaint.

The defendant herein named is a resident of (street) ,

(city)

County, Georgia, and is subject to the jurisdic-

tion of this court.

Defendant owes plaintiff $10,000.00 for goods sold and delivered by plaintiff to defendant between June 1, 1966, and December if 1966.

Wherefore, plaintiff demands judgment against defendant for the sum of $10,000.00, interest, costs, and attorney fees (where applicable).

Signed:

Attorney for Plaintiff

GEORGIA LAWS 1980 SESSION

653

Address:

Section 4. Said Act is further amended by striking Section 106 in its entirety and inserting in lieu thereof a new Section 106 to read as follows:

"Section 106. Form of complaint for money lent.

THE SUPERIOR COURT FOR THE COUNTY

OF

, STATE OF GEORGIA

Civil Action, File Number

(Clerk will insert number.)

A. B., Plaintiff

)

)

v.

)

) C. D., Defendant )

Complaint.

The defendant herein named is a resident of (street) ,

(city)^,

__ County, Georgia, and is subject to the jurisdic-

tion of this court.

Defendant owes plaintiff $10,000.00 for money lent by plaintiff to defendant on June 1, 1966.

Wherefore, plaintiff demands judgment against defendant for the sum of $10,000.00, interest, costs, and attorney fees (where applicable).

Signed:

Attorney for Plaintiff

654

GENERAL ACTS AND RESOLUTIONS, VOL. I

Address:

Section 5. Said Act is further amended by striking Section 107 in its entirety and inserting in lieu thereof a new Section 107 to read as follows:

"Section 107. Form of complaint for money paid by mistake.

THE SUPERIOR COURT FOR THE COUNTY

OF

, STATE OF GEORGIA

Civil Action, File Number

(Clerk will insert number.)

A. B., Plaintiff

)

)

v.

)

) C. D., Defendant )

Complaint.

The defendant herein named is a resident of (street) ,

(city)

County, Georgia, and is subject to the jurisdic-

tion of this court.

Defendant owes plaintiff $10,000.00 for money paid by plaintiff to defendant by mistake on June 1, 1966, under the following circumstances:

(here state the circumstances with particularity).

Wherefore, plaintiff demands judgment against defendant for the sum of $10,000.00, interest, costs, and attorney fees (where applicable).

GEORGIA LAWS 1980 SESSION

655

Signed:
Attorney for Plaintiff
Address:

Section 6. Said Act is further amended by striking Section 108 in its entirety and inserting in lieu thereof a new Section 108 to read as follows:

"Section 108. Form of complaint for money had and received.

THE SUPERIOR COURT FOR THE COUNTY

OF

. STATE OF GEORGIA

Civil Action, File Number

(Clerk will insert number.)

A. B., Plaintiff v.
C. D., Defendant

Complaint.

The defendant herein named is a resident of (street) ,

(city)--

County, Georgia, and is subject to the jurisdic-

tion of this court.

Defendant owes plaintiff $10,000.00 for money had and received from one G. H. on June 1, 1966, to be paid by defendant to plaintiff.

Wherefore, plaintiff demands judgment against defendant for the sum of $10,000.00, interest, costs, and attorney fees (where applicable).

656

GENERAL ACTS AND RESOLUTIONS, VOL. I

Signed: Address:

Attorney for Plaintiff

Section 7. Said Act is further amended by striking Section 109 in its entirety and inserting in lieu thereof a new Section 109 to read as follows:

"Section 109. Form of complaint for negligence.

THE SUPERIOR COURT FOR THE COUNTY

OF

, STATE OF GEORGIA

Civil Action, File Number

(Clerk will insert number.)

A. B., Plaintiff

)

)

v.

)

)

C. D., Defendant )

Complaint.

The defendant herein named is a resident of (street) ,

(city) ,

County, Georgia, and is subject to the jurisdic-

tion of this court.

1. On June 1, 1966, in a public highway called Broad Street in Athens, Georgia, defendant negligently drove a motor vehicle against plaintiff who was then crossing said highway.

2. As a result plaintiff was thrown down and had his leg broken and was otherwise injured, was prevented from transacting

GEORGIA LAWS 1980 SESSION

657

his business, suffered great pain of body and mind, and incurred expenses for medical attention and hospitalization in the sum of $1,000.00.
Wherefore, plaintiff demands judgment against defendant in the sum of $ 10,000.00 and costs.
Signed:
Attorney for Plaintiff
Address:

Section 8. Said Act is further amended by striking Section 110 in its entirety and inserting in lieu thereof a new Section 110 to read as follows:

"Section 110. Form of complaint for negligence where plaintiff is unable to determine definitely whether the person responsible is C. D. or E. F. or whether both are responsible and where his evidence may justify a finding of willfulness or of recklessness or of negligence.

THE SUPERIOR COURT FOR THE COUNTY

OF

STATE OF GEORGIA

Civil Action, File Number

(Clerk will insert number.)

A. B., Plaintiff

)

)

v.

)

) C. D. and E. F., Defendants )

Complaint.

658

GENERAL ACTS AND RESOLUTIONS, VOL. I

The defendant C. D., herein named, is a resident of (street) ,

(city)._ii,

County, Georgia, and the defendant E. F.,

herein named, is a resident of (street) , (city)_,

,

County, Georgia. Both of said defendants are subject to the jurisdic-

tion of this court.

1. On June 1, 1966, in a public highway called Broad Street in Athens, Georgia, defendant C. D. or defendant E. F., or both defendants C. D. and E. F., willfully or recklessly or negligently drove or caused to be driven a motor vehicle against plaintiff who was then crossing said highway.

2. As a result plaintiff was thrown down and had his leg broken and was otherwise injured, was prevented from transacting his business, suffered great pain of body and mind, and incurred expenses for medical attention and hospitalization in the sum of $1,000.00.

Wherefore, plaintiff demands judgment against C. D. or against E. F. or against both in the sum of $ 10,000.00 and costs.

Signed:

Attorney for Plaintiff

Address:

Section 9. Said Act is further amended by striking Section 111 in its entirety and inserting in lieu thereof a new Section 111 to read as follows:

"Section 111. Form of complaint for conversion.

THE SUPERIOR COURT FOR THE COUNTY

OF >

STATE OF GEORGIA

Civil Action, File Number

(Clerk will insert number.)

GEORGIA LAWS 1980 SESSION

659

A. B., Plaintiff v.
C. D., Defendant

Complaint.

The defendant herein named is a resident of (street) ,

(city)

County, Georgia, and is subject to the jurisdic-

tion of this court.

On or about December 1, 1966, defendant converted to his own

use ten bonds of the

Company (here insert brief identi-

fication as by number and issue) of the value of $10,000.00, the

property of plaintiff.

Wherefore, plaintiff demands judgment against defendant in the sum of $10,000.00, interest, and costs.

Signed:

Attorney for Plaintiff

Address:

Section 10. Said Act is further amended by striking Section 112 in its entirety and inserting in lieu thereof a new Section 112 to read as follows:
"Section 112. Form of complaint for specific performance of contract to convey land.

660

GENERAL ACTS AND RESOLUTIONS, VOL. I

THE SUPERIOR COURT FOR THE COUNTY

OF

STATE OF GEORGIA

Civil Action, File Number

(Clerk will insert number.)

A. B., Plaintiff

)

)

v.

)

) C. D., Defendant )

Complaint.

The defendant herein named is a resident of (street) ,

(city)--,.

County, Georgia, and is subject to the jurisdic-

tion of this court.

1. On or about December 1, 1966, plaintiff and defendant entered into an agreement in writing, a copy of which is hereto annexed as Exhibit A.

2. In accord with the provisions of said agreement, plaintiff tendered to defendant the purchase price and requested a conveyance of the land, but defendant refused to accept the tender and refused to make the conveyance.

3. Plaintiff now offers to pay the purchase price.

Wherefore, plaintiff demands (1) that defendant be required specifically to perform said agreement, (2) damages in the sum of $1,000.00, and (3) that, if specific performance is not granted, plaintiff have judgment against defendant in the sum of $.10,000.00.

Signed:

Attorney for Plaintiff

GEORGIA LAWS 1980 SESSION

661

Address:

Section 11. Said Act is further amended by striking Section 113 in its entirety and inserting in lieu thereof a new Section 113 to read as follows:

"Section 113. Form of complaint on claim for debt and to set aside fraudulent conveyance under Section 18(b).

THE SUPERIOR COURT FOR THE COUNTY

OF

, STATE OF GEORGIA

Civil Action, File Number

(Clerk will insert number.)

A. B., Plaintiff v.
C. D. and E. F., Defendants

Complaint.

The defendant C. D., herein named, is a resident of (street) ,

(city) ,_

County, Georgia, and is subject to the jurisdic-

tion of this court. (Add appropriate statement about domicile of

defendant E. F.)

1. Defendant C. D. on or about

executed and

delivered to plaintiff a promissory note in the following words and

figures: (here set out the note verbatim); (a copy of which is hereto

annexed as Exhibit A); (whereby defendant C. D. promised to pay to

plaintiff or order on

the sum of $5,000.00 with interest

thereon at the rate of percent per annum).

2. Defendant C. D. owes to plaintiff the amount of said note and interest.

662

GENERAL ACTS AND RESOLUTIONS, VOL. I

3. Defendant C. D. on or about

conveyed all his

property, real and personal (or specify and describe), to defendant

E. F. for the purpose of defrauding plaintiff and hindering and

delaying the collection of the indebtedness evidenced by the note

above referred to.

Wherefore, plaintiff demands:

(1) That plaintiff have judgment against defendant C. D. for $10,000.00 and interest; (2) that the aforesaid conveyance to defendant E. F. be declared void and the judgment herein be declared a lien on said property; (3) that plaintiff have judgment against the defendants for costs.

Signed:

Attorney for Plaintiff

Address:

Section 12. Said Act is further amended by striking Section 114 in its entirety and inserting in lieu thereof a new Section 114 to read as follows:

"Section 114. Form of complaint for negligence under federal Employers' Liability Act.

THE SUPERIOR COURT FOR THE COUNTY

OF

STATE OF GEORGIA

Civil Action, File Number

A. B., Plaintiff

)

)

v.

)

)

C. D., Defendant )

(Clerk will insert number.) Complaint.

GEORGIA LAWS 1980 SESSION

663

The defendant herein named is a resident of (street)

_(city)_,

County, Georgia, and is subject to the jurisdic-

tion of this court.

1. During all the times herein mentioned defendant owned and

operated in interstate commerce a railroad which passed through a

tunnel located at

and known as Tunnel No

2. On or about June 1, 1966, defendant was repairing and enlarging the tunnel in order to protect interstate trains and passengers and freight from injury and in order to make the tunnel more conveniently usable for interstate commerce.

3. In the course of thus repairing and enlarging the tunnel on said day, defendant employed plaintiff as one of its workmen and negligently put plaintiff to work in a portion of the tunnel which defendant had left unprotected and unsupported.

4. By reason of defendant's negligence in thus putting plaintiff to work in that portion of the tunnel, plaintiff was, while so working pursuant to the defendant's orders, struck and crushed by a rock which fell from the unsupported portion of the tunnel and was (here describe plaintiff's injuries).

5. Prior to these injuries, plaintiff was a strong, able-bodied

man, capable of earning $

per day. By these injuries he

has been made incapable of any gainful activity, has suffered great

physical and mental pain, and has incurred expense in the amount

of $

for medicine, medical attendance, and hospitalization.

Wherefore, plaintiff demands judgment against defendant in the

sum of $

and costs.

Signed:

Attorney for Plaintiff

664

GENERAL ACTS AND RESOLUTIONS, VOL. I

Address:

Section 13. Said Act is further amended by striking Section 120 in its entirety and inserting in lieu thereof a new Section 120 to read as follows:

"Section 120. Form of complaint for interpleader and declaratory relief.

THE SUPERIOR COURT FOR THE COUNTY

OF

, STATE OF GEORGIA

Civil Action, File Number

(Clerk will insert number.)

A. B., Plaintiff C. D., E. F., X. Y., Defendants

Complaint.

The defendant C. D., herein named, is a resident of--(street)--,

_(city) ,

County, Georgia, and is subject to the jurisdic-

tion of this court. (Here add appropriate allegations as to domicile

of remaining defendants.)

1. On or about June 1, 1965, plaintiff issued to G. H. a policy of life insurance whereby plaintiff promised to pay to K. L. as beneficiary the sum of $10,000.00 upon the death of G. H. The policy required the payment by G. H. of a stipulated premium on June 1, 1966, and annually thereafter as a condition precedent to its continuance in force.

2. No part of the premium due June 1, 1966, was ever paid and the policy ceased to have any force or effect after July 1, 1966.

GEORGIA LAWS 1980 SESSION

665

3. Thereafter, on September 1, 1966, G. H. and K. L. died as the result of a collision between a locomotive and the automobile in which G. H. and K. L. were riding.
4. Defendant C. D. is the duly appointed and acting executor of the will of G. H., defendant E. F. is the duly appointed and acting executor of the will of K. L., and defendant X. Y. claims to have been duly designated as beneficiary of said policy in place of K. L.
5. Each of the defendants, C. D., E. F., and X. Y., is claiming that the above-mentioned policy was in full force and effect at the time of the death of G. H.; each of them is claiming to be the only person entitled to receive payment of the amount of the policy and has made demand for payment thereof.
6. By reason of these conflicting claims of the defendants, plaintiff is in great doubt as to which defendant is entitled to be paid the amount of the policy if it was in force at the death of G. H.
Wherefore, plaintiff demands that the court adjudge:
(1) That none of the defendants is entitled to recover from plaintiff the amount of said policy or any part thereof.
(2) That each of the defendants be restrained from instituting any action against plaintiff for the recovery of the amount of said policy or any part thereof.
(3) That, if the court shall determine that said policy was in force at the death of G. H., the defendants be required to interplead and settle between themselves their rights to the money due under said policy and that plaintiff be discharged from all liability in the premises except to the person whom the court shall adjudge entitled to the amount of said policy.
(4) That plaintiff recover its costs.
Signed:
Attorney for Plaintiff

666

GENERAL ACTS AND RESOLUTIONS, VOL. I

Address:

Section 14. Said Act is further amended by striking Section 121 in its entirety and inserting in lieu thereof a new Section 121 to read as follows:

"Section 121. Form of motion to dismiss, presenting defense of failure to state a claim.

THE SUPERIOR COURT FOR THE COUNTY

OF

, STATE OF GEORGIA

Civil Action, File Number

A. B., Plaintiff

)

)

v.

)

) C. D., Defendant )

Motion to Dismiss.

The defendant moves the court as follows:
(1) To dismiss the action because the complaint fails to state a claim against defendant upon which relief can be granted.
(2) (Additional defenses under Section 12(b).) Signed:
Attorney for Defendant
Address:

GEORGIA LAWS 1980 SESSION

667

To:

. ;

Notice of Motion Attorney for Plaintiff

Please take notice that the undersigned will bring the above

motion on for hearing before this court at

on the

day of

, 19 , at 10 o'clock in forenoon of

that day or as soon thereafter as counsel can be heard.

Signed:

Attorney for Defendant

Address:

Section 15. Said Act is further amended by striking Section 122 in its entirety and inserting in lieu thereof a new Section 122 to read as follows:

"Section 122. Form of answer presenting defenses under Section 12(b).

THE SUPERIOR COURT FOR THE COUNTY

OF

STATE OF GEORGIA

Civil Action, File Number

A. B., Plaintiff

)

)

v.

)

) C. D., Defendant )

Answer.

668

GENERAL ACTS AND RESOLUTIONS, VOL. I

First defense: The complaint fails to state a claim against defendant upon which relief can be granted.
Second defense: If defendant is indebted to plaintiffs for the goods mentioned in the complaint, he is indebted to them jointly with G. H. G. H. is alive, is subject to the jurisdiction of the court, and has not been made a party.
Third defense: Defendant admits the allegations contained in paragraphs 1 and 4 of the complaint, alleges that he is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 2 of the complaint, and denies each and every other allegation contained in the complaint.
Fourth defense: The right of action set forth in the complaint did not accrue within six years next before the commencement of this action.
Counterclaim: (Here set forth any claim as a counterclaim in the manner in which a claim is pleaded in a complaint.)
Cross-claim against defendant M. N.: (Here set forth the claim constituting a cross-claim against defendant M. N. in the manner in which a claim is pleaded in a complaint.)
Signed:
Attorney for Defendant
Address:

Section 16. Said Act is further amended by striking Section 123 in its entirety and inserting in lieu thereof a new Section 123 to read as follows:
"Section 123. Form of answer to complaint set forth in Section 110, with counterclaim for interpleader.

GEORGIA LAWS 1980 SESSION

669

THE SUPERIOR COURT FOR THE COUNTY

OF

, STATE OF GEORGIA

Civil Action, File Number

A. B., Plaintiff

)

)

v.

)

) C. D., Defendant )

Answer.

Defense: Defendant denies the allegations stated to the extent set forth in the counterclaim herein.
Counterclaim for interpleader:
(1) Defendant received the sum of $ 10,000.00 as a deposit from E. F.
(2) Plaintiff has demanded the payment of such deposit to him by virtue of an assignment of it which he claims to have received fromE. F.
(3) E. F. has notified the defendant that he claims such deposit, that the purported assignment is not valid, and that he holds the defendant responsible for the deposit.
Wherefore, defendant demands:
(1) That the court order E. F. to be made a party defendant to respond to the complaint and to this counterclaim.
(2) That the court order the plaintiff and E. F. to interplead their respective claims.
(3) That the court adjudge whether the plaintiff or E. F. is entitled to the sum of money.

670

GENERAL ACTS AND RESOLUTIONS, VOL. I

(4) That the court discharge defendant from all liability in the premises except to the person it shall adjudge entitled to the sum of money.
(5) That the court award to the defendant its costs and attorney's fees.
Signed:
Attorney for Defendant
Address:

Section 17. Said Act is further amended by striking Section 126 in its entirety and inserting in lieu thereof a new Section 126 to read as follows:

"Section 126. Form of motion for production of documents, etc. under Section 34.

THE SUPERIOR COURT FOR THE COUNTY

OF

, STATE OF GEORGIA

Civil Action, File Number

A. B., Plaintiff

)

)

v.

)

)

C. D., Defendant )

Motion for Production of Documents.

Plaintiff A. B. moves the court for an order requiring defendant C. D.:

GEORGIA LAWS 1980 SESSION

671

(1) To produce and to permit plaintiff to inspect and to copy each of the following documents:
(Here list the documents and describe each of them.)
(2) To produce and to permit plaintiff to inspect and to photograph each of the following objects:
(Here list the objects and describe each of them.)
(3) To permit plaintiff to enter (here describe property to be entered) and to inspect and to photograph (here describe the portion of the real property and the objects to be inspected and photographed).
Defendant C. D. has the possession, custody, or control of each of the foregoing documents and objects and of the above-mentioned real estate. Each of them constitutes or contains evidence relevant and material to a matter involved in this action, as is more fully shown in Exhibit A hereto attached.
Signed:
Attorney for Plaintiff
Address:

Notice of Motion (Contents the same as in Section 121)

Exhibit A

State of

,

County of

A. B., being first duly sworn says:

(1) (Here set forth all that plaintiff knows which shows that defendant has the papers or objects in his possession or control.)

672

GENERAL ACTS AND RESOLUTIONS, VOL. I

(2) (Here set forth all that plaintiff knows which shows that each of the above-mentioned items is relevant to some issue in the action.)

Signed: A. B. Jurat."
Section 18. Said Act is further amended by striking Section 127 in its entirety and inserting in lieu thereof a new Section 127 to read as follows:

"Section 127. Form of request for admission under Section 36.

THE SUPERIOR COURT FOR THE COUNTY

OF

STATE OF GEORGIA

Civil Action, File Number

A. Plaintiff

)

)

v.

)

) C. D., Defendant )

Request for Admission of Facts and Genuineness of Documents.

Plaintiff A. B. requests defendant C. D. within

days

after service of this request to make the following admissions for the

purpose of this action only and subject to all pertinent objections to

admissibility which may be interposed at the trial:

(1) That each of the following documents exhibited with this request is genuine:

(Here list the documents and describe each document.) -

(2) That each of the following statements is true:

GEORGIA LAWS 1980 SESSION

673

(Here list the statements.)

Signed:
Attorney for Plaintiff
Address:

Section 19. Said Act is further amended by striking Section 133 in its entirety and inserting in lieu thereof a new Section 133 to read as follows:
"Section 133. Form of judgment on jury verdict.
(Title of Court)
Civil Action, File Number

A. B., Plaintiff

)

)

v.

)

) C. D., Defendant )

Judgment.

This action came on for trial before the court and a jury, Honorable John Marshall, presiding, and the issue having been duly tried and the jury having duly rendered its verdict.

It Is Ordered and Adjudged

(that the plaintiff A. B. recover of the defendant C. D. the sum of

$

, with interest thereon at the rate of

percent as pro-

vided by law, and his costs of action.)

or

(that the plaintiff take nothing, that the action be dismissed on the merits, and that the defendant C. D. recover of the plaintiff A. B. his costs of action.) 22

674

GENERAL ACTS AND RESOLUTIONS, VOL. I

Dated at 19

| Georgia, this

day of

Judge."
Section 20. Said Act is further amended by striking Section 134 in its entirety and inserting in lieu thereof a new Section 134 to read as follows:
"Section 134. Form of judgment on decision by the court.
(Title of Court)
Civil Action, File Number

A. B,, Plaintiff

)

)

v.

)

) C. D., Defendant )

Judgment.

This action came on for (trial) (hearing) before the court, Honorable John Marshall, Judge, presiding, and the issues having been duly (tried) (heard) and a decision having been duly rendered.

It Is Ordered and Adjudged

(that the plaintiff A. B. recover of the defendant C. D. the sum

of $

, with interest thereon at the rate of

percent as

provided by law, and his costs of action.)

or

(that the plaintiff take nothing, that the action be dismissed on the merits, and that the defendant C. D. recover of the plaintiff A. B. his costs of action.)

Dated at

GEORGIA LAWS 1980 SESSION

, Georgia, this

day of

675 , 19

Judge."
Section 21. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

STATE EMPLOYEES CERTAIN EMPLOYEES EXEMPTED FROM SELF-DEALING PROHIBITION.
No. 976 (House Bill No. 1123).
AN ACT
To amend an Act prohibiting full-time appointive officials and employees of the state from engaging in certain transactions affecting the state, approved February 13, 1956 (Ga. Laws 1956, p. 60), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 813) and an Act approved April 5, 1978 (Ga. Laws 1978, p. 1977), so as to provide for exceptions under certain circumstances; to continue certain regulations; to provide exceptions; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act prohibiting full-time appointive officials and employees of the state from engaging in certain transactions affecting the state, approved February 13, 1956 (Ga. Laws 1956, p. 60), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 813) and an Act approved April 5, 1978 (Ga. Laws 1978, p. 1977), is hereby amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:

676

GENERAL ACTS AND RESOLUTIONS, VOL. I

"Section 1. It shall be unlawful for any full-time appointive state official or employee to contract to buy from or sell to the State of Georgia any real or personal property, goods, or services, or a combination thereof, when such purchase or sale would benefit or be likely to benefit such official or employee, provided, that, upon compliance with the conditions and procedures set forth hereinafter, a chaplain, fireman, any person holding a doctoral or master's degree from an accredited college or university, physician, dentist, psychologist, registered nurse or practical nurse licensed by the State of Georgia, and employed full time by the state, may sell his services to another department, agency, commission, or authority of the state on a part-time basis. The exclusive procedure to be followed in such instances is as follows:
(1) The chief executive officer of the department, agency, commission, or authority which desires to obtain the services of a chaplain or any person holding a doctoral or master's degree from an accredited college or university or a licensed physician, dentist, or psychologist or registered nurse or licensed practical nurse presently employed full time by another department, agency, commission, or authority of the state shall certify in writing the need for the services and set forth why the best interest of the state will be served by obtaining the part-time services of such a person in lieu of obtaining such services from a person not presently employed by the state.
(2) The chief executive officer of the department, agency, commission, or authority presently employing the chaplain or any person holding a doctoral or master's degree from an accredited college or university or licensed physician, dentist, or psychologist or registered nurse or licensed practical nurse on a full-time basis shall certify in writing that the person whose services are desired is available to perform such services, that the performance of such services will not detract or have a detrimental effect on the performance of said person's full-time employment, and, where appropriate, that the part-time employment of such person by the department, agency, commission, or authority desirous of obtaining the services will be in the best interest of the state.
(3) The departments, agencies, commissions, or authorities, after having accomplished (1) and (2) above, shall, by agree-

GEORGIA LAWS 1980 SESSION

677

merit, establish the procedures under which the employee shall perform the additional services. The agreement shall specify the means of employment, either as a part-time employee or as a consultant, the compensation, and other pertinent details and conditions of the employment relationship. The agreement shall be terminable at any time by either of the departments, agencies, commissions, or authorities."
Section 2. Notwithstanding any other provision of this law to the contrary, the Georgia Public Service Commission shall be authorized to employ and to pay for the services of any full-time State employee who has any particular expertise or knowledge which may be of assistance to the Georgia Public Service Commission in fulfilling its duties and responsibilities under the provisions of Ga. Code Title 93. The terms and conditions of such employment shall be solely determined by the Georgia Public Service Commission; but, in any event, the full-time employee may not provide services to the Georgia Public Service Commission during such times as he is regularly scheduled to be at his primary place of employment unless the employee has received permission to do so from his regular employer or unless the employee is on annual leave or leave without pay.
Section 3. This Act shall in no way amend or repeal any statute or regulation promulgated pursuant thereto pertaining to the Merit System of Personnel Administration.
Section 4. This Act shall not apply to employees of other departments of state government employed part time by the Georgia Building Authority as custodial and cleaning workers or to employees of the Georgia School for the Deaf and the Atlanta Area School for the Deaf employed part time by other agencies of state government.
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

678

GENERAL ACTS AND RESOLUTIONS, VOL. I

PUBLIC HEALTH -- NOTICE OF PETITIONS, RELEASE OF CERTAIN INDIVIDUALS.
Code Title 88 Amended.
No. 977 (House Bill No. 1131).
AN ACT
To amend Code Title 88, relating to public health, as amended, so as to require notice to certain courts and their prosecuting attorneys concerning petitions for the release of alcohol or drug dependent, mentally ill, and mentally retarded persons detained by the order of such courts under Code Section 27-1502 or 27-1503, as now or hereafter amended; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Title 88, relating to public health, as amended, is hereby amended by striking in its entirety subsection (a) of Section 88-402.14, relating to judicial supervision of detained alcohol or drug dependent persons, which reads as follows:
"(a) At any time and without notice, a person detained by a facility or a relative or friend on behalf of such person may petition, as provided by law, for a writ of habeas corpus to question the cause and legality of detention and to request any court of competent jurisdiction on its own initiative to issue a writ for release.",
and inserting in lieu thereof the following:
"(a) At any time and without notice, a person detained by a facility or a relative or friend on behalf of such person may petition, as provided by law, for a writ of habeas corpus to question the cause and legality of detention and to request any court of competent jurisdiction on its own initiative to issue a writ for release; provided, that in the case of any such petition for the release of a person detained in a facility pursuant to a court order under Code Section 27-1502 or 27-1503, as now or hereafter amended, a copy of the petition, along with proper certificate of service, shall also be served upon the presiding judge of the court ordering such detention

GEORGIA LAWS 1980 SESSION

679

and the prosecuting attorney for such court, which service may be made by certified mail, return receipt requested."
Section 2. Said Code title is further amended by striking in its entirety subsection (a) of Section 88-502.14, relating to judicial supervision of detained mentally ill persons, which reads as follows:
"(a) At any time and without notice, a person detained by a facility or a relative or friend on behalf of such person may petition, as provided by law, for a writ of habeas corpus to question the cause and legality of detention and to request any court of competent jurisdiction on its own initiative to issue a writ for release.",
and inserting in lieu thereof the following:
"(a) At any time and without notice, a person detained by a facility or a relative or friend on behalf of such person may petition, as provided by law, for a writ of habeas corpus to question the cause and legality of detention and to request any court of competent jurisdiction on its own initiative to issue a writ for release; provided, that in the case of any such petition for the release of a person detained in a facility pursuant to a court order under Code Section 27-1502 or 27-1503, as now or hereafter amended, a copy of the petition, along with proper certificate of service, shall also be served upon the presiding judge of the court ordering such detention and the prosecuting attorney for such court, which service may be made by certified mail, return receipt requested."
Section 3. Said Code title is further amended by striking in its entirety subsection (a) of Section 88-2503.14, relating to judicial supervision of detained mentally retarded persons, which reads as follows:
"(a) At any time and without notice, a person detained by a facility or a relative or friend on behalf of such person may petition, as provided by law, for a writ of habeas corpus to question the cause and legality of detention and to request any court of competent jurisdiction on its own initiative to issue a writ for release.",
and inserting in lieu thereof the following:

680

GENERAL ACTS AND RESOLUTIONS, VOL. I

"(a) At any time and without notice, a person detained by a facility or a relative or friend on behalf of such person may petition, as provided by law, for a writ of habeas corpus to question the cause and legality of detention and to request any court of competent jurisdiction on its own initiative to issue a writ for release; provided, that in the case of any such petition for the release of a person detained in a facility pursuant to a court order under Code Section 27-1502 or 27-1503, as now or hereafter amended, a copy of the petition, along with proper certificate of service, shall also be served upon the presiding judge of the court ordering such detention and the prosecuting attorney for such court, which service may be made by certified mail, return receipt requested."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

TIFTON JUDICIAL CIRCUIT ^- ADDITIONAL JUDGE.
No. 978 (House Bill No. 1137).
AN ACT
To add one additional judge of the superior courts of the Tifton Judicial Circuit of Georgia; to provide for the appointment of the first such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers of said judge; to prescribe the compensation of said judge to be paid by the State of Georgia and the counties comprising said circuit; to authorize the judges of said courts to divide and allocate the work and duties thereof; to require candidates for judgeships to designate the places for which they are running; to provide for the manner of empanelling jurors; to provide for an additional court

GEORGIA LAWS 1980 SESSION

681

reporter for said circuit; to authorize the governing authorities of the counties comprising the Tifton Judicial Circuit to provide facilities, office space, supplies, equipment and personnel for said judge; to declare inherent authority; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Under and in accordance with the provisions of Article VI, Section III, Paragraph I of the Constitution of the State of Georgia of 1976, one additional judge of the superior courts for the Tifton Judicial Circuit of Georgia is hereby added, thereby increasing to two the number of judges of the superior courts for said circuit.
Section 2. Said additional judge shall be appointed by the Governor for a term of office beginning on April 1, 1980, and continuing through December 31, 1980, and until his successor is elected and qualified. Such judge shall be appointed by the Governor before April 1, 1980. His successor shall be elected in a manner provided by law for the election of judges of the superior courts of this State at the general election in November, 1980, for a term of four years beginning on the first day of January, 1981, and until his successor shall have been elected and qualified. Future successors shall be elected at the general election each four years thereafter for terms of four years and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election. Such elections shall be held and conducted in the manner hereafter provided by law for the election of judges of superior courts of this State.
Section 3. Every person who offers for nomination and election as one of the judges of said superior courts for the Tifton Judicial Circuit of Georgia shall designate with the State party authority in all State primaries and with the proper authority in all general elections the specific place for which he offers by naming the incumbent judge whom he desires to succeed and thereupon he shall be qualified, if otherwise qualified, to run for said specific judgeship and no other. In the event there is no incumbent judge in the place for which he desires to offer, the candidate shall qualify by announcing his intention to run for the office for which there is no incumbent.

682

GENERAL ACTS AND RESOLUTIONS, VOL. I

Section 4. The additional judge of the superior courts for the Tifton Judicial Circuit of Georgia shall have and may exercise all powers, duties, dignity, jurisdiction, privileges and immunities of the present judges of the superior courts of this State. Either of the two judges of said courts may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law.
Section 5. The qualifications of such additional judge and his successors shall be the same as are now provided by law for all other superior court judges; and his compensation from the State of Georgia and from the counties of such circuit shall be the same as that of the other judge of the superior courts of the Tifton Judicial Circuit.
Section 6. All writs and processes in the superior courts of the Tifton Judicial Circuit shall be returnable to the terms of said superior courts as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law; and all terms of said courts shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide two judges coequal in jurisdiction and authority to attend to and perform the functions, powers and duties of the judges of said superior courts and to direct and conduct all hearings and trials in said courts.
Section 7. The two judges of the superior courts for the Tifton Judicial Circuit of Georgia, in transacting the business of said courts and in performing their duties and responsibilities, shall share, divide and allocate the work and duties to be performed by each. In the event of any disagreement between said judges in any respect hereof, the decision of the senior judge in point of service, who shall be known as the chief judge, shall be controlling. If neither judge is senior in service, the judge first admitted to the State Bar shall be chief judge. The chief judge shall have the right to appoint referees and judges of the juvenile courts of the counties comprising said circuit. The two judges of the superior courts of the Tifton Judicial Circuit shall have, and they are hereby clothed with, full power, authority and discretion to determine from time to time, and term to term, the manner of calling the dockets and fixing the calendars and order of business in said courts. They may assign the hearing of trials by jury for a term to one of said judges, and the hearing of all

GEORGIA LAWS 1980 SESSION

683

other matters not requiring a trial by a jury to the other judge, and they may alternate such order of business at the next term. Either of them may conduct trials by jury at the same time in the same county or otherwise within said circuit, or both or either of them may hear chambers' business and motion business at the same time at any place within said circuit. They may provide in all respects for holding the superior courts of said circuit so as to facilitate the hearing and determination of all the business of said courts at any time pending and ready for trial or hearing. In all such matters relating to the manner of fixing, arranging for and disposing of the business of said courts, and making appointments as authorized by law where the judges thereof cannot agree or shall differ, the opinion or order of the chief judge as hereinbefore defined shall control.
Section 8. The drawing and empanelling of all jurors, whether grand, petit, or special, may be by either of the judges of the superior courts of said circuit; and they, or either of them, shall have full power and authority to draw and empanel jurors for service in said courts so as to have jurors for the trial of cases before either of said judges separately or before both of them at the same time.
Section 9. The two judges of the superior courts of the Tifton Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law.
Section 10. All writs, processes, orders, subpoenas and any other official paper issuing out of the superior courts of the Tifton Judicial Circuit may bear teste in the name of either judge of said Tifton Judicial Circuit and, when issued by and in the name of either judge of said circuit, shall be fully valid and may be heard and determined before the same or the other judge of said circuit. Either judge of said courts may preside over any cause therein and perform any official act as judge thereof.
Section 11. Upon request of either judge, the governing authorities of the counties comprising the Tifton Judicial Circuit are hereby authorized to furnish the judges of said courts with suitable courtrooms and facilities, office space, telephone, furniture, office equipment, supplies and such personnel as may be considered necessary to the proper functioning of the court. All of the expenditures authorized herein are hereby declared to be an expense of court and payable out of the county treasury as such.

684

GENERAL ACTS AND RESOLUTIONS, VOL. I

Section 12. Nothing herein enumerated shall be deemed to limit or restrict the inherent powers, duties and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia.
Section 13. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 14. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

MUNICIPAL ELECTIONS - SPECIAL ELECTIONS.
Code Section 34A-1409 Amended.
No. 979 (House Bill No. 1143).
AN ACT
To amend Code Section 34A-1409, relating to special municipal primaries and elections on failure to nominate or elect or on death or withdrawal of officer elect, so as to provide for special elections for failure validly to take office; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 34A-1409, relating to special municipal primaries and elections on failure to nominate or elect or on death or withdrawal of officer elect, is hereby amended by adding after the following:
"or withdraw prior to taking office",

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the following:
or whenever any person elected to public office shall fail validly to take that office",
so that when so amended, said section shall read as follows:
"34A-1409. Special election on failure to nominate or elect or on death or withdrawal of officer elect. Whenever any primary or election shall fail to fill a particular nomination or office and such failure cannot be cured by a run-off primary or election, or whenever any person elected to public office shall die or withdraw prior to taking office, or whenever any person elected to public office shall fail validly to take that office, then the authority, with whom the candidates for such nomination or office filed their notice of candidacy, shall thereupon call a special primary or election to fill such position."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

ELECTIONS - SPECIAL ELECTIONS.
Code Section 34-1514 Amended.
No. 980 (House Bill No. 1144).
AN ACT
To amend Code Section 34-1514, relating to special primaries and elections under the Georgia Election Code, so as to provide for special elections for failure validly to take office; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 34-1514, relating to special primaries and elections under the Georgia Election Code, is hereby amended by adding after the following:
"or withdraw prior to taking office",
the following:
", or whenever any person elected to public office shall fail validly to take that office",
so that when so amended, said section shall read as follows:
"34-1514. Special election on failure to nominate or elect or on death or withdrawal of officer elect. Whenever any primary or election shall fail to fill a particular nomination or office and such failure cannot be cured by a run-off primary or election, or whenever any person elected to public office shall die or withdraw prior to taking office, or whenever any person elected to public office shall fail validly to take that office, then the authority, with whom the candidates for such nomination or office filed their notice of candidacy, shall thereupon call a special primary or election to fill such position."
Section 2. The provisions of this Act shall become effective July 1, 1981.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

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CORDELE JUDICIAL CIRCUIT - TERMS.
No. 981 (House Bill No. 1145).
AN ACT
To amend an Act fixing the terms of the superior courts of the Cordele Judicial Circuit, approved April 13, 1973 (Ga. Laws 1973, p. 601), so as to fix new terms for the superior courts of Ben Hill, Crisp, Dooly, and Wilcox counties; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act fixing the terms of the superior courts of the Cordele Judicial Circuit, approved April 13, 1973 (Ga. Laws 1973, p. 601), is hereby amended by striking in its entirety Section 1, which reads as follows:
"Section 1. The terms of the Superior Courts of the Cordele Judicial Circuit shall commence as follows:
Ben Hill Superior Court
2nd and 3rd Mondays in January;
1st and 2nd Mondays in April;
2nd and 3rd Mondays in July;
1st and 2nd Mondays in October.
Crisp Superior Court
4th Monday in January and Monday following;
3rd and 4th Mondays in April;
4th Monday in July and Monday following:
3rd and 4th Mondays in October.

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Dooly Superior Court 3rd and 4th Mondays in February; 2nd and 3rd Mondays in May; 2nd and 3rd Mondays in August; 2nd and 3rd Mondays in November.
Wilcox Superior Court 1st and 2nd Mondays in March; 4th Monday in June and Monday following; 4th Monday in November and Monday following.",
and inserting in lieu thereof a new Section 1 to read as follows: "Section 1. The terms of the superior courts of the Cordele
Judicial Circuit shall commence as follows: Ben Hill Superior Court 2nd and 3rd Mondays in January; 1st and 2nd Mondays in April; 3rd and 4th Mondays in June; 3rd and 4th Mondays in September and Monday following. Dooly Superior Court 4th Monday in January and Monday following; 3rd and 4th Mondays in April; 3rd and 4th Mondays in July;

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3rd and 4th Mondays in October. Crisp Superior Court
3rd and 4th Mondays in February and Monday following; 2nd, 3rd, and 4th Mondays in May; 2nd and 3rd Mondays in August; 2nd, 3rd, and 4th Mondays in November. Wilcox Superior Court 2nd and 3rd Mondays in March; 4th Monday in August and Monday following; 1st and 2nd Mondays in December." Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 20, 1980.

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AGRICULTURE Jjj LABELING, ETC. OF CASES OF EGGS.
No. 982 (House Bill No. 1166).
AN ACT
To amend an Act regulating the marketing of eggs, approved March 26, 1935 (Ga. Laws 1935, p. 364), as amended, particularly by an Act approved March 8, 1937 (Ga. Laws 1937, p. 639) and an Act approved February 19, 1958 (Ga. Laws 1958, p. 27), so as to change the contents of the label which must be attached to each case of eggs; to delete provisions for inspection fee stamps; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act regulating the marketing of eggs, approved March 26, 1935 (Ga. Laws 1935, p. 364), as amended, particularly by an Act approved March 8, 1937 (Ga. Laws 1937, p. 639) and an Act approved February 19, 1958 (Ga. Laws 1958, p. 27), is hereby amended by striking that unnumbered paragraph of Section 5 which reads as follows:
"At the time of packing and candling of each case of eggs dealers shall affix a label on one end of each case, and on this label may be legibly printed or stamped the name of the State of origin. The date when the eggs were packed and candled; the size and grade of eggs, and the name and address of the packer shall be legibly printed or stamped on this label. Each case of eggs must have a two-cent inspection fee stamp, and the stamp shall be canceled by writing or stamping the date the eggs were packed and the certificate number of the packer in the spaces provided on the stamp for same.'';
in its entirety and inserting in lieu thereof a new unnumbered paragraph to read as follows:
"At the time of packing and candling of each case of eggs, producer or dealer shall affix a label of two inches by four inches on one end of each case and on this label shall be legibly printed or stamped in letters not less than one-fourth inch in size the date when

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the eggs were packed and candled or expiration date not to exceed 30 days from date packed; the size and grade of the eggs; the name and address of the packer or U.S.D.A. plant number; and the certificate number of the packer. The name of the state of origin may be given. When eggs are sold in cartons, the cartons must show the date packed or expiration date not to exceed 30 days from the date packed and grade and size together with the name and address of the packer or U.S.D.A. plant number. The state of origin may also be given. Abbreviations of any words in the classification in designating the grade and size shall not be permitted. The information pertaining to the grade and size shall be shown in legible letters not less than one-fourth inch in size. The information pertaining to the name and address of the packer or U.S.D.A. plant number and the date packed shall be legibly given. All wording on egg cartons shall be given on either side or top of carton and must have prior approval from the Department of Agriculture before using."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

MOTOR VEHICLES - SUSPENSION, ETC. OF OPERATORS' LICENSES.
Code Title 68B Amended.
No. 983 (House Bill No. 1177).
AN ACT
To amend Article III of Code Title 68B, relating to cancellation, suspension and revocation of licenses, as amended, so as to change the provisions relating to points assessed for offenses with respect to

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the suspension or revocation of licenses; to change the provisions relating to habitual violators; to provide that certain notice shall constitute prima facie evidence; to provide for probationary drivers' licenses for habitual violators under certain conditions; to provide for procedures and conditions with respect to the issuance of such probationary drivers' licenses; to provide for revocation of probationary drivers' licenses; to provide for penalties; to provide for hearings; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Article III of Code Title 68B, relating to cancellation, suspension and revocation of licenses, as amended, is hereby amended by striking in its entirety subsection (c) of Code Section 68B-307, relating to the authority of the Department to suspend or revoke licenses, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) The points to be assessed for each offense shall be as provided in the following schedule:
Reckless driving--7 points
Unlawful passing of a school bus--6 points
Improper passing on a hill or a curve--4 points
Exceeding the speed limit by more than 11 miles per hour but less than 16 miles per hour--2 points
Exceeding the speed limit by 16 miles per hour or more but less than 21 miles per hour--3 points
Exceeding the speed limit by 21 miles per hour or more but less than 31 miles per hour--4 points
Exceeding the speed limit by 31 miles per hour or more--6 points
Disobedience of any traffic-control device or traffic officer ftte-3 points

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All other moving traffic violations which are not speed limit violations--3 points.
The Commissioner shall suspend the driver's license of any person who has accumulated a violation point count of 15 or more points in any consecutive 24-month period: Provided that a second or subsequent plea of nolo contendere, within the preceding five years, to a charge of committing an offense listed in this subsection (c) shall be considered a conviction for the purposes of this Section. At the end of the period of suspension, the violation point count shall be reduced to 0 points."
Section 2. Said Code is further amended by striking in its entirety Code Section 68B-308, relating to determination of habitual violators, and inserting in lieu thereof a new Code Section 68B-308 to read as follows:
"68B-308. Determination of Habitual Violators, (a) When the records of the Department disclose that any person has been convicted of a violation of Georgia Code Title 68A or of a valid local ordinance adopted pursuant thereto, of an offense occurring on or after the effective date of this Act, which record of conviction, when taken with, and added to, the previous convictions of such person of offenses occurring within 5 years prior to the date of such offenses, as contained in the files of the Department, shall reveal that said person is an habitual violator, as hereinafter defined in this Section, the Department shall forthwith notify such person that upon the date of notification such person has been declared by the Department to be an habitual violator, and that henceforth it shall be unlawful for said habitual violator to operate a motor vehicle in this State unless otherwise provided in this Code Section. Notice shall be given by certified mail, with return receipt requested; or in lieu thereof notice may be given by personal service upon such person. In the event that at the time of determination the habitual violator had been issued a driver's license, such license shall be thereby revoked and shall be surrendered to the Department within 10 days of notification of such determination. For the purposes of this Title, notice given by certified mail with return receipt requested mailed to the person's last known address shall be prima facie evidence that such person received the required notice.

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(b) As used in this Section, `habitual violator' means any person who has been convicted in any of the United States:
1. Three or more times of: (A) voluntary or involuntary manslaughter resulting from the operation of a motor vehicle; (B) homicide by vehicle in first or second degree; (C) violating Article IX of Title 68A of the Georgia Code (Uniform Rules of the Road) or of violating the law of any other state, or of a valid municipal or county ordinance substantially conforming to an offense in said Article IX; (D) operating a vehicle after cancellation, suspension, or revocation of his operator's license under the provisions of any law of this State, or of any other state, or of a valid municipal or county ordinance, substantially conforming to or paralleling the laws of Georgia; (E) the making of a false affidavit to the Department or under any other law of the State requiring the registration of motor vehicles or regulating their operation on the highways, or the making of false statement to the Department on any application for an operator's license; (F) using a fraudulent or fictitious license; (G) while in a motor vehicle, fleeing or attempting to elude a police officer; (H) any crime punishable as a felony under this Title or any other felony in the commission of which a motor vehicle is used; (I) failure to stop and disclose his identity at the scene of the accident, on the part of a driver of a motor vehicle involved in an accident resulting in damage to the property of another, or resulting in the death of, injury to, another person; or (J) singularly or in combination of any of the offenses hereinabove described in subsections (b) 1 (A) through (b) 1 (I) both inclusive; or
2. Fifteen or more times of moving traffic offenses as contained in Title 68A of the Georgia Code including those covered in (b)(1) of this subsection, or in the law of any other state, or in a valid municipal or county ordinance, substantially conforming to or paralleling a similar law of Georgia, which offenses are required to be reported to the Department, and the commission of which offenses, singularly or in combination with any other offense or offenses, statutorily requires the cancellation, suspension, or revocation of an operator's license by the Department, or the commission of which offenses singularly or in combination with any other offense or offenses, authorizes a court or the Department to impose suspension or revocation of a driver's license.

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(c) Except as provided in subsection (e), it shall be unlawful for any person to operate any motor vehicle in this State after such person has received notice that his driver's license has been revoked, as provided in subsection (a), and who thereafter has not obtained a valid driver's license. Any person declared to be an habitual violator and whose driver's license has been revoked under the provisions of this Section who is thereafter convicted of operating a motor vehicle, while his license is so revoked, may, upon such conviction, be punished by confinement in the penitentiary not less than one nor more than five years.
(d) Notwithstanding any contrary provisions of an Act approved February 1, 1946 (Ga. Laws 1946, pp. 1-142, Ga. Code Ann. Section 27-1410), for the purposes of this Section, any plea of nolo contendere entered and accepted after the effective date of this Title shall be considered a conviction.
(e) (1) Notwithstanding any contrary provisions of this Section or any other sections of this Title, any person who has been declared an habitual violator and who has had his driver's license revoked under the provisions of subsection (a) for a period of two years and two years have expired since the date on which such person's license was surrendered or an affidavit was accepted as provided in Code Section 68B-313(d) may be issued a probationary driver's license for a period of time not to exceed three years upon compliance with the following conditions:
(A) Such person has not been convicted, or pleads nolo contendere to a charge, of violating any provision of this Code Title or any local ordinance relating to the movement of vehicles for a period of two years immediately preceding the application for a probationary driver's license.
(B) Such person has not been convicted, or pleads nolo contendere to a charge, of a violation of any provision of this Code Title which resulted in the death or injury of any individual.
(C) Such person has successfully completed, within six months prior to the issuance of the probationary driver's license, a driver improvement program or course, or alcohol or drug treatment course or program, or both, designated by the Department of Public Safety.

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(D) Submit proof of financial responsibility as provided in Code Title 68C.
(E) Refusal to issue a probationary driver's license would cause extreme hardship to the applicant. For the purposes of this Section, `extreme hardship' means that the applicant cannot reasonably obtain other transportation, and, therefore, the applicant would be prohibited from:
(i) Going to his place of employment or performing the normal duties of his occupation;
(ii) Receiving scheduled medical care or obtaining prescription drugs; or
(iii) Attending a college or school at which he is regularly enrolled as a student.
(2) Application for probationary driver's license shall be made upon such forms as the Commissioner may prescribe. Such forms shall require such information as is necessary for the Department to determine the need for such license. All applications shall be signed by the applicant before a person authorized to administer oaths.
(3) Upon compliance with the conditions and the payment of a $20.00 fee, such person may be issued a probationary driver's license by the Department.
(4) A probationary driver's license shall be endorsed with such conditions as the Commissioner deems necessary to insure that such license will be used by the licensee only to avoid the conditions of extreme hardship. Such conditions may include the following restrictions:
(A) Specific places between which the licensee may be allowed to operate a motor vehicle;
(B) Routes to be followed by the licensee;
(C) Times of travel;

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(D) The specific vehicles which the licensee may operate; and
(E) Such other restrictions as the Department may require.
(5) A probationary driver's license issued pursuant to this Section shall become invalid upon the expiration of the period of the suspension or revocation of the driver's license of such person.
(6) (A) Any person violating the provisions of subsection (e)(4) or operating a vehicle in violation of any conditions specified in this subsection shall be guilty of a misdemeanor and, upon conviction, shall be punished as for a misdemeanor.
(B) Any probationary licensee who is convicted of violating, or who pleads nolo contendere to a charge of violating, any State law or local ordinance relating to the movement of vehicles, or any probationary licensee who is convicted of violating, or who pleads nolo contendere to a charge of violating, the conditions endorsed on his license, shall have his license revoked by the Department, and any court in which such conviction is had or in which said nolo contendere plea is accepted shall require the licensee to surrender the license to the court, and the court shall forward same to the Department, within 10 days after the conviction or acceptance of the plea, with a copy of the conviction.
(C) If the Commissioner has reason to believe, or makes a preliminary finding, that the requirements of the public safety or welfare outweigh the individual needs of a person for a probationary license, the Commissioner in his discretion, after affording the person notice and an opportunity to be heard, may refuse to issue the license under the provisions of this subsection.
(D) Any person whose probationary driver's license has been revoked shall not be eligible to apply for a subsequent probationary license under this Section for a period of five years.

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(7) Any person whose probationary license has been revoked or who has been refused a probationary license by the Department may make a request in writing for a hearing to be provided by the Department. Such hearing shall be provided by the Department within 30 days after the receipt of such request, and shall follow the procedures required by the Georgia Administrative Procedure Act. Appeal from such hearing shall be in accordance with the provisions of said Act."
Section 3. Provided, however, if a person's license was revoked for a DUI charge resulting from a motor vehicle collision in which any person lost his life, then in that event, the person shall not be entitled to a probationary license as set forth in Section 2 above.
Section 4. This Act shall become effective July 1, 1980.
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

ADEQUATE PROGRAM FOR EDUCATION IN GEORGIA ACT AMENDED i SPECIAL EDUCATION LEADERSHIP POSITIONS.
No. 984 (House Bill No. 1184).
AN ACT
To amend an Act known as the "Adequate Program for Education in Georgia Act," approved March 26, 1974 (Ga. Laws 1974, p. 1045), as amended, so as to provide that the State Board of Education shall establish procedures, policies and regulations to provide for partial allocations of special education leadership positions; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia:
Section 1. An Act known as the "Adequate Program for Education in Georgia Act," approved March 26, 1974 (Ga. Laws 1974, p. 1045), as amended, is hereby amended by adding at the end of subsection (f) of Section 21 the following sentence:
"The State Board of Education shall establish policies, procedures and regulations to provide for partial allocations to local units of administration of special education leadership positions specified in paragraph (2) of subsection (d) of this Section.",
so that when so amended said subsection (f) shall read as follows:
"(f) The State Board of Education is authorized to prescribe uniform requirements and minimum standards respecting utilization of State allotted professional personnel. The State Board of Education shall establish policies, procedures and regulations to provide for partial allocations to local units of administration of special education leadership positions specified in paragraph (2) of subsection (d) of this Section."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

EMERGENCY TELEPHONE NUMBER "911" SERVICE ACT OF 1977 AMENDED.
No. 985 (House Bill No. 1189).
AN ACT
To amend the "Georgia Emergency Telephone Number `911' Service Act of 1977," approved March 30, 1977 (Ga. Laws 1977, p. 1040), so as to provide for certain emblems to be used on certain

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vehicles; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The "Georgia Emergency Telephone Number `91 T Service Act of 1977," approved March 30, 1977 (Ga. Laws 1977, p. 1040), is hereby amended by adding between Sections 9 and 10 thereof a new Section 9.1 to read as follows:
"Section 9.1. Emblems. The office shall develop a `91T emblem which shall be utilized within six months after the effective date of this section, in a manner to be prescribed by the office, on all marked vehicles used for the enforcement of traffic laws of public safety agencies participating in the `91 T system except law enforcement vehicles of the Georgia Department of Public Safety and those primarily used for investigative purposes."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

INDEMNIFICATION FOR DEATHS OF CERTAIN LAW ENFORCEMENT OFFICERS, ETC.
No. 986 (House Bill No. 1190).
AN ACT
To amend an Act to provide for indemnification with respect to the death of certain law enforcement officers, firemen or prison guards who are killed or have been killed in the line of duty, approved April 5, 1978 (Ga. Laws 1978, p. 1914), so as to provide

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for indemnification with respect to the permanent disability of certain law enforcement officers, firemen and prison guards who are permanently disabled in the line of duty on or after January 1, 1979; to define certain terms; to specify procedures; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act to provide for indemnification with respect to the death of certain law enforcement officers, firemen or prison guards who are killed or have been killed in the line of duty, approved April 5, 1978 (Ga. Laws 1978, p. 1914), is hereby amended by striking Section 1 thereof in its entirety and substituting in lieu thereof a new Section 1 to read as follows:
"Section 1. The purpose of this Act is to:
(a) Implement the constitutional amendment ratified November 4, 1976, authorizing the General Assembly to provide by law for the indemnification with respect to the death of law enforcement officers, firemen or prison guards who are killed or have been killed in the line of duty subsequent to January 1, 1973.
(b) Provide by law for the indemnification with respect to the permanent disability of law enforcement officers, firemen or prison guards who are permanently disabled or have been permanently disabled subsequent to January If 1979."
Section 2. Said Act is further amended by redesignating subsection (d) of Section 2 as subsection (e) and adding a new subsection (d) to read as follows:
"(d) `Permanent disability' shall mean disability due to:
(1) Loss of both eyes or blindness in both eyes with only light perception.
(2) Loss or loss of use of both hands.
(3) Loss or loss of use of both legs.

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(4) Loss of a lower extremity or residuals of organic disease or injury which so affect the functions of balance or propulsion as to preclude locomotion without resort to a wheelchair.",
so that when so amended Section 2 shall read as follows:
"Section 2. As used in this Act, the following terms shall have the following definitions unless their use in context clearly requires otherwise:
(a) `Commission' shall mean the Georgia State Indemnification Commission.
(b) `Law enforcement officer' shall mean any peace officer who is employed by the State of Georgia or any political subdivision thereof who is required by the terms of his employment, whether by election or appointment, to give his full time to the preservation of public order or the protection of life and property or the prevention of crime. Such term shall include sheriffs and deputy sheriffs.
(c) `Fireman' shall mean any person who is employed as a professional firefighter on a full-time basis of at least 40 hours per week by any municipal, county or State government fire department employing three or more firemen and who has the the responsibility of preventing and suppressing fires, protecting life and property, and enforcing municipal, county and State fire prevention codes, as well as enforcing any law pertaining to the prevention and control of fires. It shall also include any individual serving as an officially recognized or designated member of a legally organized volunteer fire department.
(d) `Permanent disability' shall mean disability due to:
(1) Loss of both eyes or blindness in both eyes with only light perception.
(2) Loss or loss of use of both hands.
(3) Loss or loss of use of both legs.
(4) Loss of a lower extremity or residuals of organic disease or injury which so affect the functions of balance or

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propulsion as to preclude locomotion without resort to a wheelchair.
(e) `Prison guard' shall mean any person employed by the State of Georgia or any political subdivision thereof whose principal duties relate to the supervision and incarceration of persons accused or convicted of the violation of the criminal laws of this State or any political subdivision thereof."
Section 3. Said Act is further amended by striking in its entirety Section 3 thereof and substituting in lieu thereof a new Section 3 to read as follows:
"Section 3. (a) There is hereby established a program to provide for indemnification with respect to the:
(1) Death of any law enforcement officer, fireman or prison guard who is or has been killed in the line of duty subsequent to January 1, 1973.
(2) Permanent disability of any law enforcement officer, fireman or prison guard who is or has been permanently disabled in the line of duty subsequent to January 1, 1979.
(b) Such program shall be administered by the Georgia State Indemnification Commission."
Section 4. Said Act is further amended by striking Section 5 thereof in its entirety and substituting in lieu thereof a new Section 5 to read as follows:
"Section 5. (a) The indemnification shall be paid by the Commission as hereinafter provided when a law enforcement officer, fireman or prison guard, while engaged in the performance of his duties, is :
(1) Killed or has been killed or receives or has received bodily injury which results or has resulted in death within 12 months thereafter, if such killing does not or did not occur from natural causes while performing routine duties which would not be strenuous or dangerous if performed by citizens who are not law enforcement officers, firemen or prison guards, and if such

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killing is not or was not the result of suicide and if such bodily injury is not or was not intentionally self-inflicted.
(2) Permanently disabled or has been permanently disabled, if the permanent disability does not or did not occur from natural causes while performing routine duties which would not be strenuous or dangerous if performed by citizens who are not law enforcement officers, firemen or prison guards and if the permanent disability is not or was not intentionally self-inflicted.
(b) (1) After the effective date of this Act, every law enforcement officer, fireman and prison guard shall designate his beneficiary and method of payment for the purpose of indemnification for death under the provisions of this Act. The designation shall be made to the Commission in writing and on forms furnished by the Commission. The beneficiary and method of payment may be changed in the same manner, provided that a change in beneficiary or method of payment shall not be effective until received by the Commission. If a beneficiary is not designated, payment shall be made to the estate; and if the method of payment is designated, payment shall be made in lump sum.
(2) The beneficiary, in the case of a law enforcement officer, fireman or prison guard permanently disabled in the line of duty, shall be the disabled officer, fireman or guard.
(3) Each law enforcement officer, fireman or prison guard shall be authorized to designate one of the following methods of payment:
(A) the payment of a total sum of $50,000.00 in equal monthly installments over a period of five years; or
(B) payment in lump sum; provided, however, that if the lump sum method of payment is chosen, the amount to be paid shall be equal to the total sum of $50,000.00 reduced to its present value upon the basis of interest calculated at the rate of six percent per annum.
(4) With respect to law enforcement officers, firemen or prison guards who have been killed prior to the effective date of

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this Act (or who have been permanently disabled prior to January 1, 1981) and who are entitled to indemnification under the provisions of this Act, payment shall be made in lump sum to the estate, in the case of death, or, in the case of permanent disability, to the person disabled.
(c) After determining that a law enforcement officer, fireman or prison guard has been killed or permanently disabled in the line of duty and that he or his beneficiary is entitled to indemnification under the provisions of this Act, the Commission, within ten days after such determination, shall forward a certified copy of the order granting such payment, which order shall include the person to whom such payment shall be made and the method of payment, to the Director, Fiscal Division, Department of Administrative Services, who is hereby authorized to make the appropriate payments from funds appropriated or otherwise made available for the purpose of carrying out the provisions of this Act."
Section 5. Said Act is further amended by striking Section 7 thereof in its entirety and substituting in lieu thereof a new Section 7 to read as follows:
"Section 7. (a) Any designated beneficiary or any other person who is eligible or believes he is eligible for indemnification under such program may make application for indemnification to the Commission. In any case in which the person entitled to make application is a minor, the application may be made on his behalf by his parent or guardian. In any case in which the person entitled to make application is mentally incompetent, the application may be made on his behalf by his parent, guardian or other individual authorized to administer his estate.
(b) An application for indemnification relative to any law enforcement officer, fireman or prison guard killed in the line of duty subsequent to January 1, 1973, and prior to the date on which this Act becomes effective must be made within 12 months from the date this Act becomes effective. An application for indemnification relative to any law enforcement officer, fireman or prison guard killed in the line of duty on or after the effective date of this Act must be made within 12 months from the death of such law enforcement officer, fireman or prison guard.
23

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(c) An application for indemnification relative to any law enforcement officer, fireman or prison guard permanently disabled in the line of duty subsequent to January 1, 1979, and prior to January 1, 1981, must be made prior to January 1, 1982. An application for indemnification relative to a permanent disability occurring on or after January 1, 1981, must be made within 12 months of the date the permanent disability occurred."
Section 6. Said Act is further amended by inserting in Section 9 thereof after the words:
"for such death",
the words:
"or permanent disability",
so that when so amended Section 9 shall read as follows:
"Section 9. Whenever an order for the payment of indemnification is or has been made under this Act, the State of Georgia, upon payment of the amount of the order, shall be subrogated to the cause of action of the applicant against the person or persons responsible for such death or permanent disability; and the Attorney General shall be authorized to bring an action against such person or persons for the amount of the damages sustained by the applicant. If an amount greater than that paid pursuant to the order is recovered and collected in any such action, the State, after deducting the expenses incurred, shall pay the balance to the applicant."
Section 7. This Act shall become effective January 1, 1981, but only if an appropriate amendment to Article III, Section VIII, Paragraph XII, Subparagraph 7 of the Constitution is approved at the general election held in November 1980 so as to authorize a program of indemnification with respect to the permanent disability of a law enforcement officer, fireman or prison guard in the line of duty.

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Section 8. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

STATE BOARD OF REGISTRATION OF USED CAR DEALERS ACT AMENDED.
No. 987 (House Bill No. 1192).
AN ACT
To amend an Act which provides for a State Board of Registration of Used Car Dealers, approved February 20, 1958 (Ga. Laws 1958, p. 55), as amended, so as to continue the State Board of Registration of Used Car Dealers and the laws relating thereto until July 1, 1982; to provide for the termination of such Board and the repeal of the laws relating thereto; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act which provides for a State Board of Registration of Used Car Dealers, approved February 20, 1958 (Ga. Laws 1958, p. 55), as amended, is hereby amended by designating the first paragraph of Section 4 thereof as subsection (a) and adding at the end thereof a new subsection (b) to read as follows:
"(b) Pursuant to Section 9 of `The Act Providing for the Review, Continuation, Reestablishment or Termination of Regulatory Agencies,' approved March 24, 1977 (Ga. Laws 1977, p. 961), as now or hereafter amended, the State Board of Registration of Used Car Dealers and the laws relating thereto are hereby continued until July 1, 1982, at which time the Board shall be terminated. Upon its termination, the Board shall continue in existence until July 1 of the next succeeding year for the purpose of concluding its

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GENERAL ACTS AND RESOLUTIONS, VOL. I

affairs and activities. During that termination period, the powers or authority of the Board shall not be reduced or otherwise limited. The laws relative to the Board shall be continued in effect for the duration of the termination period only for the purpose of concluding its affairs. As of the last day of the termination period, the laws relative to the Board shall stand repealed in their entirety. During the termination period, the Board shall not issue any new licenses nor renew any licenses nor collect any license fees which were not due and payable prior to the date of termination of the Board.",
so that when so amended Section 4 shall read as follows:
"Section 4. (a) There is hereby created a State Board of Registration of Used Car Dealers which shall be composed of Ten (10) members appointed by the Governor, one from each Congressional District, with the approval of the Secretary of State, for terms of Five (5) years. The original terms shall be made as follows: Two (2) members for a term of Five (5) years; Two (2) members for a term of Four (4) years; Two (2) members for a term of Three (3) years; Two (2) members for a term of Two (2) years and Two (2) members for a term of One (1) year, and until their successors are appointed and qualified. Said terms are to be staggered so that Two (2) new members of the Board will be appointed each year. All members shall be residents of the State of Georgia. A majority of such members shall be used car dealers and Four (4) members shall not be used car dealers. Any vacancies on the Board shall be filled by appointment by the Governor, with the approval of the Secretary of State, for the remainder of the unexpired term. One of the members of the Board shall be elected Chairman annually for a term of One (1) year.
(b) Pursuant to Section 9 of `The Act Providing for the Review, Continuation, Reestablishment or Termination of Regulatory Agencies,' approved March 24, 1977 (Ga. Laws 1977, p. 961), as now or hereafter amended, the State Board of Registration of Used Car Dealers and the laws relating thereto are hereby continued until July 1, 1982, at which time the Board shall be terminated. Upon its termination, the Board shall continue in existence until July 1 of the next succeeding year for the purpose of concluding its affairs and activities. During that termination period, the powers or authority of the Board shall not be reduced or otherwise limited. The laws relative to the Board shall be continued in effect for the duration of the termination period only for the purpose of concluding its affairs.

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As of the last day of the termination period, the laws relative to the Board shall stand repealed in their entirety. During the termination period, the Board shall not issue any new licenses nor renew any licenses nor collect any license fees which were not due and payable prior to the date of termination of the Board."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

REVENUE BOND LAW AMENDED - REVENUE DEFINED.
No. 988 (House Bill No. 1193).
AN ACT
To amend an Act known as the "Revenue Bond Law," approved March 31, 1937 (Ga. Laws 1937, p. 761), as amended, so as to define the term "revenue," for the purposes of the Act; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act known as the "Revenue Bond Law," approved March 31, 1937 (Ga. Laws 1937, p. 761), as amended, is hereby amended by adding a new subsection at the end of Section 2 thereof, to be designated subsection (e), to read as follows:
"(e) The term `revenue' or `revenue of the undertaking' shall mean all revenues, income and earnings arising out of or in connection with the operation or ownership of the undertaking and, if so stated in the resolution or resolutions authorizing the issuance of obligations hereunder, shall also mean moneys received as grants from the United States of America, the State of Georgia, or any instrumentality or agency of the foregoing in aid of such undertaking."

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Section 2. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

TAX DUE DATES WHEN TAX DIGEST NOT APPROVED BEFORE JULY 1 IN CERTAIN COUNTIES (350,000 - 600,000).
Code Section 91 A-1022 Amended.
No. 989 (House Bill No. 1194).
AN ACT
To amend Code Section 91 A-1022, relating to taxes payable to county in which returns are made, so as to change the provisions relating to tax due dates in certain counties; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:

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Section 1. Code Section 91A-1022, relating to taxes payable to county in which returns are made, is hereby amended by adding a new sentence at the end of subsection (b) to read as follows:
"Notwithstanding the foregoing, the governing authority of any county subject to this subsection may change the tax due dates provided for above if the county's tax digest is not approved, pursuant to Code Section 91A-1413, before July 1 of any year.",
so that when so amended said subsection (b) shall read as follows:
"(b) In all counties having a population of not less than 350,000 and not more than 600,000, according to the census, the taxes shall become due in two equal installments. One-half of the taxes shall be due and payable on July 1 of each year and shall become delinquent if not paid by August 15 in each year. The remaining one-half of the taxes shall be due and payable on October 1 of each year and shall become delinquent if not paid by November 15 of each year. A penalty of five percent during which any installment remains unpaid after it is due not to exceed five percent shall accrue and be added to each installment that is not paid before the installment becomes delinquent. Intangible taxes in one installment shall be due and payable on October 1 of each year and shall become delinquent if not paid by December 31. A penalty of five percent during which the installment for intangible taxes remains unpaid after it is due not to exceed five percent shall accrue and be added to the installment that is not paid before it becomes delinquent. All taxes remaining unpaid as of the close of business on December 31 of each year shall bear interest at the rate of nine percent per annum, and in addition to the interest charge a minimum interest payment of $1.00, from the close of business on December 31. The tax collectors shall issue executions for delinquent taxes, penalties, and interest against each delinquent taxpayer in their respective counties. Notwithstanding the foregoing, the governing authority of any county subject to this subsection may change the tax due dates provided for above if the county's tax digest is not approved, pursuant to Code Section 91 A-1413, before July 1 of any year."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

DATE FOR PAYMENT OF TAXES, ETC. WHEN DUE DATE FALLS ON SATURDAY, SUNDAY OR LEGAL HOLIDAY.
Code Section 91A-236 Amended.
No. 990 (House Bill No. 1195).
AN ACT
To amend Code Section 91A-236, relating to the date for payment of tax or making return when the due date falls on a Saturday, Sunday, or legal holiday, so as to provide for the postponement of the payment of taxes and license fees on automobiles, trucks, and trailers when the date for payment falls on a Saturday, Sunday, or legal holiday; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section I. Code Section 91A-236, relating to the date for payment of tax or making return when the due date falls on a Saturday, Sunday, or legal holiday, is hereby amended by striking said Code Section in its entirety and inserting in lieu thereof a new Code Section 91A-236 to read as follows:
"91 A-236. When date for payment of tax or license fee or making return falls on holiday. When the date prescribed by, or pursuant to, law for the making of any return, the filing of any paper or document, or the payment of any tax or license fee pursuant to this Title or any law relating to the taxation and licensing of automobiles, trucks, or trailers falls on a Saturday, Sunday, or legal holiday, the making of the return, filing of the paper or document,

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or the payment of the tax or license fee shall be postponed by the person required to take such action until the first day following which is not a Saturday, Sunday, or legal holiday."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

COMPENSATION FOR DESTROYED BEES, HIVES, ETC.
Code Section 5-908 Amended.
No. 991 (House Bill No. 1205).
AN ACT
To amend Code Section 5-908, relating to compensation for destroyed bees, hives, and other equipment, as amended by an Act approved April 18, 1975 (Ga. Laws 1975, p. 705), so as to change the maximum amount of compensation which may be paid by the Department of Agriculture to Georgia resident beekeepers for destruction of their property for purposes of combating the spread of bee diseases; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 5-908, relating to compensation for destroyed bees, hives, and other equipment, as amended by an Act approved April 18, 1975 (Ga. Laws 1975, p. 705), is hereby amended by striking the figure:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

"$15.00",
and inserting in lieu thereof the figure:
"$30.00",
so that when so amended said section shall read as follows:
"5-908. Compensation for destroyed property.--Whenever bees, hives or other equipment is ordered destroyed pursuant to Section 5905, the Commissioner shall appraise the property to be destroyed. If the Commissioner and the owner are unable to agree on the value, the Commissioner shall appoint a disinterested appraiser, the owner shall appoint a disinterested appraiser and these two appraisers shall appoint a third disinterested appraiser who shall appraise the property. When the property is destroyed, the Commissioner shall pay any Georgia resident beekeeper whose property is destroyed, a sum equal to fifty percent of the appraised value of the property destroyed, provided, however, in no event shall the compensation paid to any such owner exceed the sum of $30.00 per colony. For the purposes of this Section, the term `property' shall include bees, hives, frames and other equipment."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

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715

BUSINESS CORPORATION CODE AMENDED.
Code Title 22 Amended.
No. 992 (House Bill No. 1218).
AN ACT
To amend Code Title 22, relating to corporations, as amended, so as to authorize the board of directors to adopt a resolution providing that the shares of any preferred or special class may be divided into and issued in series if the articles of incorporation have not established a series and fixed and determined the variations in the relative rights and preferences as between series; to provide that the resolution shall state the number of shares of stock included in such series; to authorize the board of directors to increase or decrease the number of shares contained in such series by adopting a resolution making such change; to provide that the corporation shall execute and deliver to the Secretary of State for filing a statement setting forth certain information prior to the effectiveness of any change in the number of shares included in a series; to provide that the statement filed with the Secretary of State may contain a copy of the resolution of the board of directors varying the number of shares included in the series in lieu of other information; to provide that the resolution of the board of directors varying the number of shares included in the series shall become effective upon the filing of such statement with the Secretary of State; to provide that the authority of the board of directors to vary the number of shares included in any series shall be limited; to provide for a fee for filing a statement changing the number of shares included in a series; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section Oh Code Title 22, relating to corporations, as amended, is hereby amended by striking Code Section 22-502, relating to the issuance of shares of preferred or special classes in series, in its entirety and inserting in lieu thereof a new Code Section 22-502 to read as follows:
"22-502. Issuance of Shares of Preferred or Special Classes in Series, (a) If the articles of incorporation so provide, the shares of

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GENERAL ACTS AND RESOLUTIONS, VOL. I

any preferred or special class may be divided into and issued in series. If the shares of any such class are to be issued in series, then each series shall be so designated as to distinguish the shares thereof from the shares of all other series and classes. Any or all of the series of any such class and the variations in the relative rights and preferences as between different series may be fixed and determined by the articles of incorporation, but all shares of the same class shall be identical except as to the following relative rights and preferences, as to which there may be variations between different series:
(1) The rate of dividend, the times of payment and the date from which dividends shall be accumulated, if dividends are to be cumulative.
(2) Whether shares can be redeemed and, if so, the redemption price and the terms and conditions of redemption.
(3) The amount payable upon shares in event of voluntary and involuntary liquidation.
(4) Purchase, retirement or sinking fund provisions, if any, for the redemption or purchase of shares.
(5) The terms and conditions, if any, on which shares may be converted.
(6) Whether or not shares have voting rights, and the extent of such voting rights, if any.
(b) (1) To the extent that the articles of incorporation shall not have established series and fixed and determined the variations in the relative rights and preferences as between series, the board of directors, if expressly authorized in the articles of incorporation, shall be empowered to divide any or all of such classes into series and, within the limitations set forth in this section and in the articles of incorporation, to fix and determine the relative rights and preferences of the shares of any series so established. In order for the board of directors to establish a series, where authority to do so is contained in the articles of incorporation, the board of directors shall adopt a resolution stating the number of shares of stock included in such series and setting forth the designation of the series and fixing and determining the

GEORGIA LAWS 1980 SESSION

717

relative rights and preferences thereof, or so much thereof as shall not be fixed and determined by the articles of incorporation. After the board of directors has established a series in accordance with the terms of this section, the board of directors may at any time and from time to time, where authority to do so is contained in the articles of incorporation, increase or decrease the number of shares contained in such series (but not below the number of shares thereof then issued) by adopting a resolution making such change.
(2) Whenever a class is divided into series in the articles of incorporation and the articles of incorporation do not fix as between the series the relative rights and preferences permitted by this Code and do not expressly authorize the directors to fix the same, the same may be fixed and determined by a resolution adopted at a shareholders' meeting by the affirmative vote of the holders of a majority of the shares of each class outstanding, whether or not such shares are otherwise entitled to vote.
(3) Directors or shareholders acting pursuant to this section shall not have any power to confer upon any series of any class of shares a priority with respect to dividends, or with respect to distributions in the event of voluntary or involuntary liquidation, over any then outstanding class of shares entitled to such priority over other shares.
(c) Prior to the issue of any shares of a series established by a resolution adopted by the board of directors or of a series the relative rights and preferences of which have been fixed and determined by a resolution adopted by the shareholders and prior to the effectiveness of any change in the number of shares included in a series (which change is being effected pursuant to a resolution adopted by the board of directors in accordance with subsection (b)(1) of this section), the corporation shall execute and deliver to the Secretary of State for filing as provided in Section 22-105 a statement setting forth:
(1) The name of the corporation.
(2) A copy of the resolution adopted by the board of directors establishing and designating the series, and fixing and determining the relative rights and preferences thereof, or a copy of

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GENERAL ACTS AND RESOLUTIONS, VOL. I

the resolution adopted by the shareholders fixing and determining the relative rights and preferences of the series, or a copy of the resolution of the board of directors varying the number of shares included in the series.
(3) The date of adoption of such resolution.
(4) That such resolution was duly adopted by the board of directors, or at a shareholders' meeting by the affirmative vote of the holders of a majority of the shares of each class outstanding, whether or not such shares are otherwise entitled to vote.
(d) Upon the filing of such statement with the Secretary of State, the resolution of the board of directors establishing and designating the series and fixing and determining the relative rights and preferences thereof, or the resolution of the shareholders fixing and determining the relative rights and preferences of the series, or the resolution of the board of directors varying the number of shares included in the series shall become effective.
(e) Except for the authority of the board of directors to vary the number of shares included in any series as provided for in subsection (b)(1) of this section, nothing in this section shall be construed to authorize either the board of directors or the shareholders, after shares have been issued, to make, otherwise than by formal amendment of the articles of incorporation, any change in the number, designations, preferences, limitations, and relative rights of such shares, even though such number, designations, preferences, limitations, and relative rights were fixed by the board of directors or by the shareholders as permitted by this section."
Section 2. Said Code title is further amended by striking subsection (h) of Code Section 22-1602, relating to fees of Secretary of State for filing documents and issuing certificates, in its entirety and inserting in lieu thereof a new subsection (h) to read as follows:
"(h) Filing a statement of the establishment of a series of shares or a statement changing the number of shares included in a series, $10."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law with out his approval.

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719

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

REGISTRATION AND REGULATION OF CEMETERIES ACT AMENDED.
No. 993 (House Bill No. 1233).
AN ACT
To amend an Act providing for the registration and regulation of cemeteries, approved April 4, 1969 (Ga. Laws 1969, p. 242), as amended, so as to change the provisions relating to registration fees; to change the provisions relating to sales of merchandise and installment contracts; to change the provisions relating to trust funds; to change the amount of the civil penalty; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing for the registration and regulation of cemeteries, approved April 4, 1969 (Ga. Laws 1969, p. 242), as amended, is hereby amended by striking Section 8 in its entirety and inserting in lieu thereof a new Section 8 to read as follows:
"Section 8. Each registration of a perpetual care or endowment care cemetery shall be made on a form furnished by or prescribed by the Secretary of State on or before August 1 of each year. The registration shall include the name and location of the cemetery, the name and address of the owner (or registered office if a corporation), and the name and address of the trustee of the trust fund, as well as the name and address of the depository of the fund and shall be accompanied by an initial registration fee of $25.00 for the first year of doing business and an annual renewal fee of $25.00. Nonperpetual care cemeteries shall pay a registration fee of $5.00 each

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GENERAL ACTS AND RESOLUTIONS, VOL. I

year and shall annually register on forms provided by or prescribed by the Secretary of State."
Section 2. Said Act is further amended by adding at the end of subsection (b) of Section 11A a new sentence to read as follows:
"In the event that the installment contract is discounted or sold to a third party, the seller shall be required to deposit an amount equal to the actual wholesale cost of such merchandise or thirty-five percent of the sales price of such merchandise, whichever is greater.",
so that when so amended subsection (b) shall read as follows:
"(b) The amount to be deposited from each such sale shall be the actual wholesale cost of such merchandise or thirty-five percent of sales price of such merchandise, whichever is greater. If the contract of sale shall include cemetery space, mausoleum crypts which have not been constructed at time of sale, and/or attachments to realty, the portion of the sales price attributable to the sale of the contemplated merchandise shall be determined and it shall only be as to such portion of the total contract that deposit of wholesale cost or thirty-five percent of sales price, whichever is greater, shall be required. In the event that the sale of merchandise is on an installment contract, the contemplated trust deposit shall be a pro rata part from each installment payment, such deposit only being required pro rata as payments are made by the purchaser. In the event that the installment contract is discounted or sold to a third party, the seller shall be required to deposit an amount equal to the actual wholesale cost of such merchandise or thirty-five percent of the sales price of such merchandise, whichever is greater."
Section 3. Said Act is further amended by adding at the end of the first sentence of subsection (c) of Section 11A, immediately following the word "cemetery", the following:
provided, however, that, until the delivery of merchandise is complete or until the construction is completed, the cemetery shall at no time withdraw funds in excess of the actual cost incurred by the cemetery in such construction or delivery of merchandise",

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so that when so amended subsection (c) shall read as follows:
"(c) The funds on deposit under the terms hereof shall be deemed and regarded as trust funds pending delivery of the merchandise concerned, but after delivery of the merchandise concerned or upon completion of each phase of construction of mausoleum crypts, the cemetery shall be authorized to withdraw proportionately such deposit and treat the same as money belonging to the cemetery; provided, however, that, until the delivery of merchandise is complete or until the construction is completed, the cemetery shall at no time withdraw funds in excess of the actual cost incurred by the cemetery in such construction or delivery of merchandise. Upon failure and/or refusal of the cemetery to deliver such merchandise in accordance with the terms of contract, the purchaser shall be entitled to recover from the trust fund the funds on deposit for undelivered merchandise and from the cemetery the remainder of the purchase price."
Section 4. Said Act is further amended by striking from subsection (f) of Section 11A the following:
"$50.00",
and inserting in lieu thereof the following:
"$100.00",
so that when so amended subsection (f) shall read as follows:
"(f) In addition to any other penalties that may be imposed, any cemetery wilfully violating any provisions of this Section or any rule, regulation, or order of the Secretary of State afforded pursuant to this Section shall be subject to a maximum civil penalty not to exceed $100.00 on violation for each day that such violation or violations persist, but not exceeding the total sum of $5,000.00. However, such penalty shall only be imposed if the cemetery shall fail to correct any failure, refusal or violation after written notice of the Secretary of State to correct same. The Secretary of State shall be authorized in his discretion to fail to impose penalty or impose any lesser penalty that he may deem to be sufficient and appropriate in any particular case. The amount of any such penalty may be collected by the Secretary of State in the same manner that money

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GENERAL ACTS AND RESOLUTIONS, VOL. I

judgments are now enforced in the superior courts of this State; except that the order, rule, or finding of the Secretary of State as to such penalty may be appealed to the superior court as are orders of the State Revenue Commissioner in the manner provided by Section 92-8446 or 91A-255 of the Code of Georgia, as amended, or, otherwise, judicial review may be had as provided by the Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended."
Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

FUNDS FOR BURIAL OF PAUPERS.
Code Section 23-2304 Amended.
No. 994 (House Bill No. 1245).
AN ACT
To amend Code Section 23-2304, relating to appropriations for burial of paupers, as amended, so as to increase the amount a county may expend for the burial of a pauper; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 23-2304, relating to appropriations for burial of paupers, as amended, is hereby amended by striking from the first paragraph of said Code Section the following:

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"$125",
and inserting in lieu thereof the following:
"$250",
so that when so amended said first paragraph shall read as follows:
"Whenever any person shall die in this State, whose family and immediate kindred are indigent and unable to provide for the decent interment of such decedent, and where the decedent is a pauper and destitute of the means of paying for decent interment, the governing authority of the county wherein said death shall occur shall make available from county funds a sum sufficient to provide a decent interment of such deceased pauper, or to reimburse such person as may have expended the cost thereof voluntarily. In no event shall a sum to be made available by the county be less than $75 and more than $250, the exact amount thereof to be determined by the governing authority of such county. Provided that the State Board of Corrections is hereby authorized to reimburse the governing authority of said county where expenditures have been made in accordance with this section and, the funds so expended were for the burial of any prisoner or inmate under the authority, jurisdiction, or control of the State Board of Corrections; but in no case shall the governing authority of such county be entitled to reimbursement where the deceased was in the custody of a county public works camp or other County prison or facility."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

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"CAMPAIGN AND FINANCIAL DISCLOSURE ACT" AMENDED.
No. 995 (House Bill No. 1249).
AN ACT
To amend an Act known as the "Campaign and Financial Disclosure Act," approved March 5, 1974 (Ga. Laws 1974, p. 155), as amended, particularly by an Act approved April 12, 1979 (Ga. Laws 1979, p. 602), so as to provide that certain campaign contributions and expenditures be disclosed to the public; to provide for an additional definition; to provide that certain campaign committees shall submit Campaign Financing Disclosure Reports; to change the provisions relating to the time of filing of such reports by certain campaign committees; to provide for procedures relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act known as the "Campaign and Financial Disclosure Act," approved March 5, 1974 (Ga. Laws 1974, p. 155), as amended, particularly by an Act approved April 12, 1979 (Ga. Laws 1979, p. 602), is hereby amended by adding at the end of Section 2 of said Act the following:
"Further, it is the policy of this State to require public disclosure of campaign contributions and expenditures when such are designed to bring about the approval or rejection by the voters of any proposed question which is to appear on the ballot in any county or municipal election.",
so that when so amended Section 2 of said Act shall read as follows:
"Section 2. Policy and Intent Declared. It is hereby declared to be the policy of the State of Georgia in furtherance of its responsibility to protect the integrity of the democratic process and to insure fair elections for the offices of Governor, Lieutenant Governor, Attorney General, Secretary of State, Comptroller General, Commissioner of Agriculture, State School Superintendent, Commissioner of Labor and Public Service Commissioners, District Attor-

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neys, members of the Georgia House of Representatives and Georgia Senate, all Constitutional Judicial Officers, and all county and municipal elected officials; to institute and establish a requirement of public disclosure of campaign contributions and expenditures relative to the seeking of such offices, the recall of public officials holding elective office, and the influencing of voter approval or rejection of a proposed constitutional amendment or a statewide referendum. Further, it is the policy of this State to require public disclosure of campaign contributions and expenditures when such are designed to bring about the approval or rejection by the voters of any proposed question which is to appear on the ballot in any county or municipal election."
Section 2. Said Act is further amended by adding at the end of subsection (f) of Section 3 of said Act the following:
"The term `campaign committee' shall also mean any person or committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of any proposed question which is to appear on the ballot in any county or municipal election.",
so that when so amended subsection (f) of Section 3 of said Act shall read as follows:
"(f) `Campaign Committee' means the committee which accepts contributions or makes expenditures designed to bring about the nomination or election of an individual to any office provided for in Section 2. The term `campaign committee' shall also mean any person or committee which accepts contributions or makes expenditures designed to bring about the recall of a public officer or any person or committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of any proposed constitutional amendment or statewide referendum. The term `campaign committee' shall also mean any person or committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of any proposed question which is to appear on the ballot in any county or municipal election."
Section 3. Said Act is further amended by adding after the third undesignated paragraph of Section 6 of said Act the following:

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"Any campaign committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of any proposed question which is to appear on the ballot in any county or municipal election shall file a Campaign Financing Disclosure Report as prescribed by this Act. Provided, however, such report shall only be required if such campaign committee has received contributions which total more than $500.00 or if such campaign committee has made expenditures which total more than $500.00."
and by striking from subsection (e) of Section 6 of said Act the following:
"(1) A report shall be filed at the time the recall petition is submitted for verification.
(2) A report shall be filed 15 days prior to the recall election.
(3) A final report shall be filed prior to December 31 of the year in which the recall election is held.",
and inserting in lieu thereof the following:
"(1) An initial report shall be filed within 15 days of the date when the official recall petition forms were issued to the sponsors.
(2) A second report shall be filed 45 days after the filing of the initial report.
(3) A third report shall be filed within 15 days after the expiration date for acquiring signatures on the recall petition.
(4) A final report shall be filed prior to December 31 of the year in which the recall election is held."
and by adding at the end of Section 6 of said Act a new subsection to read as follows:
"(g) (1) Any campaign committee which accepts contributions or makes expenditures designed to bring about the

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approval or rejection by the voters of any proposed question which is to appear on the ballot in any county or municipal election shall file a Campaign Financing Disclosure Report as prescribed by this Act. Provided, however, such report shall only be required if such campaign committee has received contributions which total more than $500.00 or if such campaign committee has made expenditures which total more than $500.00. All advertising pertaining to referendums must identify the principal officer of said campaign committee by containing the name and title of the principal officer.
(2) If a campaign committee is required to file a report under paragraph (1), said report shall be filed with the judge of the probate court of the county in the case of a county election or with the municipal clerk in the case of a municipal election. Any such report shall be filed 15 days prior to the date of the election and a final report shall be filed prior to December 31 of the year in which the election is held."
so that when so amended Section 6 of said Act shall read as follows:
"Section 6. Campaign Financing Disclosure Reports to Be Filed. The candidate or the Chairman or Treasurer of each campaign committee organized to bring about the nomination or election of a candidate for any office provided for in Section 2, except county and municipal offices and justices of the peace, and the Chairman or Treasurer of every campaign committee designed to bring about the recall of a public officer or designed to bring about the approval or rejection by the voters of any proposed constitutional amendment or statewide referendum shall file with the Secretary of State the required `Campaign Financing Disclosure Reports.' A candidate for any State office or the Chairman or Treasurer of his campaign committee shall file a copy of each of his reports with the probate judge of the county of his residence.
A candidate for county office or for justice of the peace or the Chairman or Treasurer of his campaign committee shall file the required `Campaign Financing Disclosure Reports' with the probate judge in the respective county of election.
A candidate for municipal office or his campaign committee shall file the reports with the municipal clerk in the respective muni-

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cipality of election or, if there is no clerk, with the chief executive officer of the municipality.
Any campaign committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of any proposed question which is to appear on the ballot in any county or municipal election shall file a Campaign Financing Disclosure Report as prescribed by this Act. Provided, however, such report shall only be required if such campaign committee has received contributions which total more than $500.00 or if such campaign committee has made expenditures which total more than $500.00.
All reports shall list the following:
(a) The amount, name and mailing address of any person making a contribution of $101.00 or more, including the purchase of tickets for events such as dinners, luncheons, rallies and similar fund-raising events.
(b) The name and mailing address and occupation or place of employment of any person to whom an expenditure of $101.00 or more is made and the amount and general purpose of such expenditure.
(c) When a contribution consists of a loan, advance or other extension of credit, the report shall also contain the name of the lending institution or party making the advance or extension of credit and the names, mailing addresses, occupations and places of employment of all persons having any liability for repayment of the loan, advance or extension of credit, and if any such persons shall have a fiduciary relationship to the lending institution or party making the advance or extension of credit, the report shall specify it.
Campaign committees which accept contributions or make expenditures designed to bring about the nomination or election of a candidate shall file Campaign Financing Disclosure Reports 45 days and 15 days before the primary election and 10 days after the primary election. Candidates in a general or special election campaign shall make such reports 15 days prior to the general or special election and all candidates shall make a final campaign disclosure

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report not later than December 31 of the year in which the election occurs. All candidates shall have a five-day grace period in filing the required reports. The mailing of said reports by United States Mail with adequate postage thereon, within the required filing time, shall be prima facie evidence of filing. A report or statement required to be filed by this Section shall be verified by the oath or affirmation of the person filing such report or statement taken before an officer authorized to administer oaths. Each report required in the calendar year of the election shall contain cumulative totals of all contributions, which have been received, and all expenditures, which have been made, in support of the campaign in question and which are required, or previously have been required, to be reported.
(d) In the event any candidate covered by the provisions of this Act has no opposition (primary or general) and receives no contribution of $101.00 or more, said candidate shall only be required to make the initial and final report as required under the provisions of this Act.
Where a candidate or campaign committee has accepted contributions or made expenditures prior to the effective date of this Act, the reports required by this Section shall include such information as the records of the candidate or his committee show, and such information as is otherwise known to the candidate or members of his committee, regarding such prior contributions and expenditures.
A supplemental Campaign Financing Disclosure Report shall be filed by each person elected to an office covered by this Act, no later than December 31 of each year following the year in which the election occurs. If no contribution is received or expenditure made which is required to be reported under this Act between the date of the last Campaign Financing Report filed pursuant to this Act and December 31 of any year, a supplemental Campaign Financing Disclosure Report shall not be required by this Act.
(e) Any campaign committee which accepts contributions or makes expenditures designed to bring about the recall of a public official shall file campaign financing disclosure reports with the Secretary of State as follows:

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(1) An initial report shall be filed within 15 days of the date when the official recall petition forms were issued to the sponsors.
(2) A second report shall be filed 45 days after the filing of the initial report.
(3) A third report shall be filed within 15 days after the expiration date for acquiring signatures on the recall petition.
(4) A final report shall be filed prior to December 31 of the year in which the recall election is held.
In the case of State officials, county officials or justices of the peace, a copy of each of the reports shall also be filed with the probate judge in the county of residence of the official sought to be recalled. In the case of municipal officials, a copy of the reports shall also be filed with the municipal clerk in the municipality of residence of the official sought to be recalled or, if there is no clerk, with the chief executive officer of the municipality.
(f) Any campaign committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of a proposed constitutional amendment or a statewide referendum shall file a Campaign Financing Disclosure Report with the Secretary of State 15 days prior to the date of the election and shall file a final report prior to December 31 of the year in which the election is held.
(g) (1) Any campaign committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of any proposed question which is to appear on the ballot in any county or municipal election shall file a Campaign Financing Disclosure Report as prescribed by this Act. Provided, however, such report shall only be required if such campaign committee has received contributions which total more than $500.00 or if such campaign committee has made expenditures which total more than $500.00. All advertising pertaining to referendums must identify the principal officers of said campaign committee by containing the name and title of the principal officer.

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(2) If a campaign committee is required to file a report under paragraph (1), said report shall be filed with the judge of the probate court of the county in the case of a county election or with the municipal clerk in the case of a municipal election. Any such report shall be filed 15 days prior to the date of the election and a final report shall be filed prior to December 31 of the year in which the election is held."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

GEORGIA CORRECTIONAL INDUSTRIES ACT AMENDED.
No. 996 (House Bill No. 1256).
AN ACT
To amend an Act known as the "Georgia Correctional Industries Act," approved March 17, 1960 (Ga. Laws 1960, p. 880), as amended by an Act approved April 8, 1968 (Ga. Laws 1968, p. 1011), an Act approved April 19, 1973 (Ga. Laws 1973, p. 1300), an Act approved April 17, 1975 (Ga. Laws 1975, p. 519), and by an Act approved April 24, 1975 (Ga. Laws 1975, p. 1163), so as to constitute, ex officio, the State Board of Offender Rehabilitation as the Georgia Correctional Industries Administration; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act known as the "Georgia Correctional Industries Act," approved March 17, 1960 (Ga. Laws 1960, p. 880), as

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amended by an Act approved April 8, 1968 (Ga. Laws 1968, p. 1011), an Act approved April 19, 1973 (Ga. Laws 1973, p. 1300), an Act approved April 17, 1975 (Ga. Laws 1975, p. 519), and by an Act approved April 24, 1975 (Ga. Laws 1975, p. 1163), is hereby amended by striking Section 3, which reads as follows:
"Section 3. (a) The Administration shall be composed of the Commissioner of Offender Rehabilitation and six members to be appointed as follows: two members from industry to be appointed by the Governor; one member from labor to be appointed by the Commissioner of Labor; one member from the Department of Administrative Services to be appointed by the Commissioner of the Department of Administrative Services; one member to be appointed by the President of the Senate; and one member to be appointed by the Speaker of the House of Representatives.
(b) The first appointive members shall be appointed as provided in subsection (a) to take office on July 1, 1975. Of the members first appointed, the terms of the two members representing industry shall expire on June 30, 1979. Thereafter, their successors shall hold office for terms of four years and until the appointment and qualification of their successors. The terms of the remaining members first appointed shall expire June 30, 1977. Thereafter, their successors shall hold office for terms of two years and until the appointment and qualification of their successors. Vacancies occurring in the membership shall be filled in the same manner that original members are appointed for the remainder of the unexpired term.
(c) The Administration shall meet regularly at least four times during each State fiscal year and may meet at other times on the call of the Chairman. At the first meeting held during each fiscal year, the Administration shall elect a Chairman from its own membership and such other officers, from its own membership, as the Administration deems necessary or appropriate. Four members of the Administration, including the Chairman, shall constitute a quorum for the transaction of business, but a majority vote of the members shall be necessary for the Administration to take official action. Except as provided herein, the Administration shall have power to perfect its own organization and to adopt such rules and bylaws as may be necessary for its government.

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(d) The members of the Administration shall receive no compensation for their services as such but shall be reimbursed for actual and necessary expenses incurred by them in attending meetings of the Administration and in otherwise carrying out their official duties. The funds necessary for meeting the expenses as provided for herein shall come from funds available to the Division of Georgia Correctional Industries.",
in its entirety and substituting in lieu thereof a new Section 3 to read as follows:
"Section 3. The State Board of Offender Rehabilitation shall constitute, ex officio, the Georgia Correctional Industries Administration for the purposes of this Act. The State Board of Offender Rehabilitation, constituted as the Georgia Correctional Industries Administration, shall have power to perfect its own organization and to adopt such rules as bylaws as may be necessary for it to carry out its duties under this Act. The Commissioner of Offender Rehabilitation shall serve as the executive officer of the Georgia Correctional Industries Administration."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

CRIMES - SALES, ETC. TO POLITICAL SUBDIVISIONS, ETC.
Code Section 26-2306 Amended.
No. 997 (House Bill No. 1265).
AN ACT
To amend Code Section 26-2306, relating to officers or employees selling to governments or political subdivisions, as amended, so

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as to change who is prohibited from making certain sales; to change the type of sales prohibited; to change to whom such sales are prohibited; to provide for exceptions and penalties; to provide for a definition; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 26-2306, relating to officers or employees selling to governments or political subdivisions, as amended, is hereby amended by striking in its entirety subsection (b) thereof, which reads as follows:
"(b) Local Government Officer or Employee Selling to Political Subdivision. Any officer or employee of a political subdivision or agency thereof, who for himself or in behalf of any business entity sells any personal property to the political subdivision of which he is an officer or employee or to any agency thereof, shall, upon conviction, be punished by imprisonment for not less than one nor more than five years; provided, however, that the provisions of this subsection shall not apply to any sales of less than $200.00 per calendar quarter or sales made pursuant to sealed competitive bids made by an officer or employee of a political subdivision or agency thereof, either for himself or in behalf of any business entity.",
and inserting in lieu thereof the following:
"(b) Local government officer or employee selling to political subdivisions. (1) Any employee, appointive officer, or elective officer of a political subdivision (hereafter `employing political subdivision'), or agency thereof who, for himself or in behalf of any business entity, sells any real or personal property to:
(A) the employing political subdivision,
(B) an agency of the employing political subdivision,
(C) a political subdivision for which local faxes for education are levied by the employing political subdivision, or

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(D) a political subdivision which levies local taxes for education for the employing political subdivision,
shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years.
(2) Paragraph (1) of this subsection (b) shall not apply to:
(A) sales of personal property of less than $200.00 per calendar quarter, or
(B) sales of personal property made pursuant to sealed competitive bids made by the employee, appointive officer, or elective officer, either for himself or in behalf of any business entity, or
(C) sales of real property in which a disclosure has been made:
(i) to the grand jury or probate judge of the county in which the purchasing political subdivision is wholly included, or if not wholly included in any one county, to the grand jury or probate judge of any county in which the purchasing political subdivision is partially included and which shall have been designated by the purchasing political subdivision to receive such disclosures;
(ii) at least 15 days prior to the date the contract or agreement for such sale will become final and binding on the parties thereto;
(iii) which shows that an employee, appointive officer, or elective officer of an employing political subdivision or agency thereof has a personal interest in such sale, which interest includes without being limited to any commission, fee, profit, or similar benefit, and which gives the name of such person, his position in the political subdivision or agency, the purchase price, and location of the property."

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

FEDERAL INTERGOVERNMENTAL COOPERATION ACT OF 1968 AMENDED.
No. 998 (House Bill No. 1271).
AN ACT
To amend an Act implementing the requirements of the Federal Intergovernmental Cooperation Act of 1968, approved March 18, 1970 (Ga. Laws 1970, p. 321), as amended, so as to amend the provisions relative to the functions and authority of area planning and development commissions; to provide that this Act shall be cumulative of any authority provided to certain metropolitan area planning and development commissions and shall not diminish any authority heretofore granted to any such commission; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act implementing the requirements of the Federal Intergovernmental Cooperation Act of 1968, approved March 18, 1970 (Ga. Laws 1970, p. 321), as amended, is hereby amended by adding a new subsection (1) at the end of Section 14 to read as follows:
"(1) provide the following benefits to its employees, their dependents and survivors, in addition to any compensation or other benefits provided to such persons:

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(1) retirement, pension, disability, medical and hospitalization benefits, through the purchase of insurance or otherwise;
(2) life insurance coverage and coverage under Federal Old Age and Survivors' Insurance programs;
(3) sick leave, annual leave and holiday leave; and
(4) any other similar benefits, including but not limited to, death benefits."
Section 2. This Act is hereby declared to be cumulative of and supplemental to any existing powers and authority of any metropolitan area planning and development commission created by an Act approved March 3, 1971 (Ga. Laws 1971, p. 17), as amended, and nothing in this Act shall be construed to repeal, limit, or diminish any power heretofore possessed by any such metropolitan area planning and development commission.
Section 3. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

24

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GEORGIA BOAT SAFETY ACT AMENDED.
No. 999 (House Bill No. 1278).
AN ACT
To amend an Act known as the "Georgia Boat Safety Act," approved April 19, 1973 (Ga. Laws 1973, p. 1427), as amended, so as to provide definitions for certain terms; to replace the phrase "Game and Fish Division" with the term "Department"; to amend provisions pertaining to muffling devices to provide that such devices exhaust at or below the waterline or be equipped with mechanical baffles and to prohibit the use of cut-outs, except when authorized for vessels competing in approved regattas or boat races or for vessels licensed under Section 45-305 of the Game and Fish Code; to replace the term "Savannah Beach" with the term "Tybee Island Beach"; to make unlawful the operation of vessels in restricted swimming areas or near certain dams; to delete the definition of the term "power boat" contained in the provision governing the operation of power boats in boating safety zones; to add rules for sailing vessels; to clarify operation requirements for sailing vessels in narrow channels or streams; to elaborate on the Department's authority to regulate those activities which may be hazardous to public safety or detrimental to the water and adjoining upland resource; to provide that the Board may adopt regulations for the protection of the waters and adjoining upland resources of this State; to make unlawful the conduct of regattas, races, parades, tournaments, or exhibitions without the authorization of the Department; to provide new provisions restricting the use of public waters; to replace the phrase "Director of the Game and Fish Division of the Department" with the term "Commissioner"; to add provisions authorizing law enforcement personnel to investigate boating accidents; to replace the phrase "State Game and Fish Division" with the term "Department"; to authorize the Department to identify restricted areas in public waters; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act known as the "Georgia Boat Safety Act," approved April 19, 1973 (Ga. Laws 1973, p. 1427), as amended, is

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hereby amended by adding five new subsections at the end of Section 3 to read as follows:
"(p) `Blind point' means that portion of any of the waters of this State in which there is a natural or man-made obstruction which prevents the operator of a vessel from seeing vessels approaching from the opposite side of the obstruction, thus creating a safety hazard which could result in a boating accident.
(q) `No wake' means that the wake or wash created by the movement of the vessel through the water is minimal.
(r) `Idle speed' means a slow speed maintained by the operator of a mechanically propelled vessel reached by engaging the engine of said vessel into an idle speed by reducing the throttle to a minimum.
(s) `Commissioner' shall mean the Commissioner of Natural Resources.
(t) `Power boat' means any boat, vessel or water-going craft which is propelled by mechanical rather than manual means whether or not such propulsion device forms an integral part of the structure thereof."
Section 2. Said Act is further amended by striking from subsection (e) of Section 6 the phrase "Game and Fish Division" and inserting in lieu thereof the word "Department" so that when so amended said subsection (e) shall read as follows:
"(e) Conformity with federal numbering system. In the event that any agency of the United States Government shall have in force an overall system of identification (numbering) for vessels within the United States, the numbering system employed pursuant to this Act by the Department shall be in conformity therewith."
Section 3. Said Act is further amended by striking from subsection (f) of Section 6 the phrase "Game and Fish Division" and inserting in lieu thereof the word "Department" so that when so amended, said subsection (f) shall read as follows:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

"(f) Issuing agents. The Department may issue any certificate of number directly or may authorize any person to act as agent for the issuing thereof. In the event that a person accepts such authorization, he may be allotted a block of numbers and certificates therefor which upon assignment and issue in conformity with this Act and with any rules and regulations of the Department shall be valid as if assigned and issued directly by the Department."
Section 4. Said Act is further amended by striking from subsection (k) of Section 6 the phrase "Game and Fish Division" and inserting in lieu thereof the word "Department" so that when so amended said subsection (k) shall read as follows:
"(k) Change of address. Any holder of a certificate of number shall notify the Department in writing within 15 days if his address no longer conforms to the address appearing on the certificate and shall, as a part of such notification, furnish the Department with his new address."
Section 5. Said Act is further amended by striking Section 10 in its entirety and substituting in lieu thereof a new Section 10 to read as follows:
"Section 10. Muffling devices. The exhaust of every internal combustion engine used on any vessel, excluding those licensed pursuant to Section 45-305 of the Game and Fish Code, shall be effectively muffled by an efficient muffling device. Said muffling device shall exhaust at or below the waterline or it shall be equipped with mechanical baffles. The use of cut-outs is prohibited, except as authorized by permit issued for vessels competing in regattas or boat races approved as provided in Section 16 of this Act."
Section 6. Said Act is further amended by striking paragraph (2) of subsection (c) of Section 11 in its entirety and substituting in lieu thereof a new paragraph (2) to read as follows:
"(2) The ocean waters adjacent to Tybee Island Beach which shall include all those waters for a distance of 1,000 feet from the High Water Mark on Tybee Island Beach from the northernmost to the southernmost point of Tybee Island Beach."

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Section 7. Said Act is further amended by adding two new paragraphs at the end of subsection (c) of Section 11 to read as follows:
"(5) The area within the marked boundary of any designated swimming area.
(6) The area within 500 feet of the dams at Lake Allatoona, Carters Lake, Lake Blue Ridge, Lake Lanier, Lake Hartwell, Lake Jackson, Lake Oconee, Lake Sinclair, Lake Sheare (Rum Creek Reservoir), Lake Nottely, Clark Hill Reservoir, Lake Walter F. George, West Point Lake, Bartlett's Ferry, Goat Rock Reservoir, Lake Oliver, New Savannah River Lock & Dam, Columbia Lock & Dam (Lake George W. Andrews), Lake Worth, and Lake Seminole; provided, however, this provision shall not apply to the marked channels leading through the locks of a dam upon any navigable waterway."
Section 8. Said Act is further amended by striking the second sentence of subsection (d) of Section 11 in its entirety so that when so amended, said subsection (d) shall read as follows:
"(d) Within the boundary of a boating safety zone, it shall be unlawful at any time to launch, float or operate any power boat except lifesaving emergency or law enforcement craft."
Section 9. Said Act is further amended by striking subsection (d) of Section 15A in its entirety and substituting in lieu thereof a new subsection (d) to read as follows:
"(d) Rules for sailing vessels.
(1) Except when overtaking another vessel, sailing vessels shall be the privileged vessel, and other vessels shall give way to such vessels.
(2) When two sailing vessels are approaching head-on or nearly so, one of them shall keep out of the way of the other as follows:
(A) A sailing vessel which is running free shall keep out of the way of a sailing vessel which is close-hauled.

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(B) A sailing vessel which is close-hauled on the port or left tack shall keep out of the way of a sailing vessel which is close-hauled on the starboard or right tack.
(C) When two sailing vessels are running free, with the wind on different sides, the sailing vessel which has the wind on the port or left side shall keep out of the way of the other.
(D) When two sailing vessels are running free with the wind on the same side, the sailing vessel which is to the windward shall keep out of the way of the sailing vessel which is to the leeward.
(E) A sailing vessel which has the wind aft shall keep out of the way of the other sailing vessel."
Section 10. Said Act is further amended by striking subsection (e) of Section 15A in its entirety and substituting in lieu thereof a new subsection (e) to read as follows:
"(e) Operating in channels, streams or other narrow bodies of water. It shall be the duty of each operator to keep his vessel to the starboard or right side of the center of any channel, stream or other narrow body of water; provided, however, this provision shall not give to the operator of a sailing vessel the right to hamper, in a narrow channel, the safe passage of another vessel which can navigate only inside that channel."
Section 11. Said Act is further amended by striking subsection (a) of Section 16 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) Regulations, notices, applications. The Department may regulate the holding of regattas, boat races, marine parades, tournaments or exhibitions which, by their nature, circumstance or location will introduce extra or unusual hazards to the safety or lives of participants or observers, or will subject the water and adjoining upland resource upon which the event will be held to extra or unusual stress from pollution, litter or overuse. The Board may adopt and may from time to time amend regulations concerning the safety of vessels and persons thereon, either observers or partici-

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pants, and the protection of the water and adjoining upland resources of this State. Whenever a regatta, boat race, marine parade, tournament, or exhibition is proposed to be held, the person in charge thereof shall at least 30 days prior thereto file an application with the Department for permission to hold such regatta, race, parade, tournament, or exhibition. The application shall set forth the date, time and location where it is proposed to hold such regatta, race, parade, tournament, or exhibition and such other information as the Department may require. It shall be unlawful to conduct such regatta, race, parade, tournament or exhibition without authorization of the Department."
Section 12. Said Act is further amended by striking subsection (b) of Section 17 which reads as follows:
"(b) State agency may restrict use. The use of public waters may be restricted in certain areas of this State when the Director of the Game and Fish Division of the Department of Natural Resources determines that such restriction is necessary in the interest of public safety. Areas restricted shall be identified by appropriate signs and markers, and all persons shall be required to obey any such signs and/or markers. All such signs and markers shall conform to the system of aids of navigation prescribed by the Coast Guard and to the system of uniform waterway markers approved by the Advisory Panel of State Officials to the Merchant Marine Council.",
in its entirety and substituting in lieu thereof a new subsection (b) to read as follows:
"(b) Restricted use of public waters. It shall be unlawful to operate a power boat, except at an idle speed, or to create a wake in the vicinity of those marinas, bridges, public access ramps and blind points which are identified by appropriate signs and markers which conform to the system of aids to navigation prescribed by the Coast Guard and to the system of uniform waterway markers approved by the Advisory Panel of State Officials to the Merchant Marine Council. The Department of Natural Resources is hereby authorized to place signs and markers so as to identify the areas restricted by this Section."
Section 13. Said Act is further amended by striking from subsection (c) of Section 17 the phrase "Director of the Game and Fish

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GENERAL ACTS AND RESOLUTIONS, VOL. I

Division of the Department" and inserting in lieu thereof the word "Commissioner" so that when so amended, said subsection (c) shall read as follows:
"(c) Other restrictions prohibited. No city, county or individual may attempt to regulate the public waters of this State by use of the above mentioned signs and markers without the expressed written permission of the Commissioner of Natural Resources."
Section 14. Said Act is further amended by striking from paragraph (4) of subsection (b) of Section 23 the phrase "State Game and Fish Division" and inserting in lieu thereof the word "Department" so that when so amended, said paragraph (4) shall read as follows:
"(4) To board vessels in use for purposes of examining any documents and safety equipment and search without warrant any vessel which is not at its regular mooring or berth, when he believes that any provision of any law of this State or any rule or regulation of the Department relating to boating has been violated."
Section 15. Said Act is further amended by adding a new paragraph at the end of subsection (b) of Section 23 to be designated paragraph (9) to read as follows:
"(9) To investigate any boating accident which occurs on the waters of this State."
Section 16. Said Act is further amended by striking from the second sentence of subsection (d) of Section 23 the phrase "State Game and Fish Division of the" so that when so amended said subsection (d) shall read as follows:
"(d) Authorization of enforcement officers. Any person employed or elected by this State or a political subdivision thereof, whose duty it is to preserve the peace or to make arrests or to enforce the law, including but not limited to, members of the sheriffs' departments, State Patrolmen and Conservation Officers, are empowered to enforce the provisions of this Act. The Department of Natural Resources shall be primarily responsible for enforcement of this Act and the rules and regulations issued thereunder. "

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745

Section 17. Said Act is further amended by adding at the end of Section 23 a new subsection to be designated subsection (f) to read as follows:
"(f) Authority to identify restricted public waters. The Department is authorized and empowered to identify by appropriate signs and markers those public waters in which certain activities may be prohibited or restricted."
Section 18. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 19. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 20. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

746

GENERAL ACTS AND RESOLUTIONS, VOL. I

MOTOR VEHICLES - OPERATION IN VIOLATION OF CODE SECTION 68-201.
Code Chapter 68-99 Amended.
No. 1000 (House Bill No. 1283).
AN ACT
To amend Code Chapter 68-99, relating to the penalty for owning or operating any motor vehicle as described in Code Section 68-201 without complying with Code Section 68-201, as amended, so as to provide that any person, firm, or corporation renting, leasing, or loaning any motor vehicle described in Code Section 68-201 which is being used on any public highway or street after April 1 of each year without complying with the provisions of that Code section shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of $100.00 for each violation; to provide for clarification of offenses; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Chapter 68-99, relating to the penalty for owning or operating any motor vehicle as described in Code Section 68-201 without complying with Code Section 68-201, as amended, is hereby amended by striking the first paragraph of Code Section 68-9901 in its entirety and inserting in lieu thereof a new first paragraph of Code Section 68-9901 to read as follows:
"Any person, firm, or corporation owning or operating any motor vehicle described in Section 68-201 on any public highway or street after April 1 of each year without complying with the provisions of that section shall be guilty of a misdemeanor; provided, however, that any person, firm, or corporation renting, leasing, or loaning any motor vehicle described in Section 68-201 which is being used on any public highway or street after April 1 of each year without complying with the provisions of that section shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of $100.00 for each violation; and each day that said motor vehicle is operated in violation of Code Section 68-201 shall be deemed to be a separate and distinct offense."

GEORGIA LAWS 1980 SESSION

747

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

GEORGIA PESTICIDE CONTROL ACT OF 1976 AMENDED - VIOLATIONS, ETC.
No. 1001 (House Bill No. 1286).
AN ACT
To amend an Act known as the "Georgia Pesticide Control Act of 1976," approved February 27, 1976 (Ga. Laws 1976, p. 282), so as to provide an enforcing official; to authorize the Commissioner of Agriculture to bring an action to enjoin violations; to provide that in such an action it shall not be necessary to allege or prove the absence of an adequate remedy at law; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act known as the "Georgia Pesticide Control Act of 1976," approved February 27, 1976 (Ga. Laws 1976, p. 282), is hereby amended by striking subsection (3) of Section 11, which reads as follows:
"(3) The Commissioner, with or without the aid and advice of the county or district attorney, is charged with the duty of enforcing the requirements of this Act and the rules and regulations issued hereunder. In the event a county or district attorney refuses to act on behalf of the Commissioner, the Attorney General may so act.",
in its entirety and inserting in lieu thereof a new subsection (3) to read as follows:

748

GENERAL ACTS AND RESOLUTIONS, VOL. I

"(3) The Commissioner is charged with the duty of enforcing the requirements of this Act and the rules and regulations promulgated hereunder."
Section 2. Said Act is further amended by striking subsection (4) of Section 11, which reads as follows:
"(4) The Commissioner may bring an action to enjoin the violation or threatened violation of any provision of this Act or any regulations made pursuant to this Act, in a court of competent jurisdiction of the county in which said violation occurs or is about to occur.",
in its entirety and inserting in lieu thereof a new subsection (4) to read as follows:
"(4) In addition to any other remedy provided in this Act, the Commissioner is authorized to bring an action to enjoin a violation of any provision of this Act or any rule or regulation promulgated hereunder. In such an action it shall not be necessary for the Commissioner to allege or prove the absence of an adequate remedy at law."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

GEORGIA LAWS 1980 SESSION

749

GEORGIA PESTICIDE USE AND APPLICATION ACT OF 1976 AMENDED?!# LICENSE FEES, ETC.
No. 1002 (House Bill No. 1287).
AN ACT
To amend an Act entitled the "Georgia Pesticide Use and Application Act of 1976," approved March 5, 1976 (Ga. Laws 1976, p. 369), so as to require the certification of all aerial applicators; to change the license period for certified commercial pesticide applicators from one year to five years and to change the fee for such license from $10.00 per year to $25.00 for five years; to change provisions relating to the deductible limit on liability insurance, surety bonds, and cash deposits of aerial and other contractors; to provide for establishment of deductible limits on liability insurance, surety bonds, and cash deposits by the Commissioner through regulations; to provide an enforcing official; to authorize the Commissioner of Agriculture to bring an action to enjoin violations; to provide that in such an action it shall not be necessary to allege or prove the absence of an adequate remedy at law; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act entitled the "Georgia Pesticide Use and Application Act of 1976," approved March 5, 1976 (Ga. Laws 1976, p. 369), is hereby amended by inserting following the first sentence of subparagraph 7(b)(2)(A) the following:
"No person shall commercially apply any pesticide by aerial equipment without a certified commercial pesticide applicator license.",
so that when so amended subparagraph 7(b)(2)(A) shall read as follows:
"(A) Use of pesticide as commercial applicator. No individual shall purchase, use, or supervise the use of any pesticide as a commercial applicator unless he is licensed as a certified commercial applicator, or he is acting under the direct supervision of an individ-

750

GENERAL ACTS AND RESOLUTIONS, VOL. I

ual who is licensed as a certified commercial applicator. No person shall commercially apply any pesticide by aerial equipment without a certified commercial pesticide applicator license. The Commissioner shall require the applicant to demonstrate his competency to apply pesticides safely, effectively and without any unreasonable adverse effects on the environment. Such determination of competency shall be made on the basis of standards and procedures approved by EPA in the `Georgia Plan for Certification of Pesticide Applicators.'"

Section 2. Said Act is further amended by striking from subparagraph 7(b)(2)(C) the following:

"Such license shall be renewable annually on January 1, subject to payment of a ten (10) dollar license fee. Provided, that recertification as a basis for relicensing shall not be required sooner than 5 years from the effective date of section 4, FIFRA and the regulations established thereunder.",

and substituting in lieu thereof the following:

"Effective August 21, 1980, all new certified commercial pesticide applicator licenses shall be issued for a period of five years from the date of certification. The fee for the five-year license shall be $25.00. Licenses shall be subject to renewal on the day following expiration, based on such recertification requirements as the Commissioner may establish by regulation. Provided, that all such licenses previously issued on an annual basis and expiring December 31, 1980, shall be renewable January 1, 1981, for the remaining portion of their five-year certification period. Fees for such license renewals shall be:

Expiration Date of Current
Certification
February 20 April 20 June 20 August 20 October 20 December 20

1982 $3
10.00 10.00

1983
$11.00 12.00 13.00 14.00 15.00 15.00

1984
$16.00 17.00 18.00 19.00 20.00 20.00

1985
$21.00 21.00 23.00 24.00

so that when so amended subparagraph 7(b)(2)(C) shall read as follows:

GEORGIA LAWS 1980 SESSION

751

"(C) Issuance of certified commercial pesticide applicator's license. If the Commissioner finds the applicant qualified to apply pesticides in the classification or classifications he has applied for, the Commissioner shall issue a certified commercial pesticide applicator's license. Effective August 21, 1980, all new certified commercial pesticide applicator licenses shall be issued for a period of five years from the date of certification. The fee for the five-year license shall be $25.00. Licenses shall be subject to renewal on the day following expiration, based on such recertification requirements as the Commissioner may establish by regulation. Provided, that all such licenses previously issued on an annual basis and expiring December 31, 1980, shall be renewable January 1, 1981, for the remaining portion of their five-year certification period. Fees for such license renewals shall be:

Expiration Date of Current
Certification
February 20 April 20 June 20 August 20 October 20 December 20

1982 $ ....
-- l aSote
10.00 10.00

1983
HI.00 12.00 13.00 14.00 15.00 15.00

1984
)16.00 17.00 18.00 19.00 20.00 20.00

1985
$21.00 21.00 23.00 24.00

Section 3. Said Act is further amended by striking from subsection 12(b) the following:

"amount not exceeding $1,000.00 for aerial contractors and $ 100.00 for all other contractors",

and inserting in lieu thereof the following:

"amount not exceeding $1,000.00 for aerial contractors and $500.00 for all other contractors,",

and by striking the word "of" from the caption and inserting in its place the word "or", so that when so amended subsection 12(b) shall read as follows:

"(b) Amount of Bond, Insurance or Cash Deposit Required Notice of Reduction or Cancellation by Surety or Insurer. The amount of surety bond, liability insurance or cash deposit as provided for in this section shall be set by regulation. Such surety bond, liability insurance or cash deposit shall be maintained at not

752

GENERAL ACTS AND RESOLUTIONS, VOL. I

less than the minimum set by regulation at all times during the licensed period. The Commissioner shall be notified ten days prior to any reduction at the request of the applicant or cancellation of such surety bond or liability insurance by the surety or insurer; provided, that the total and aggregate liability of the surety and insurer for all claims shall be limited to the face of the bond or liability insurance policy or cash deposit. Provided, further, that the Commissioner may accept a liability insurance policy, surety bond or cash deposit in the proper sum, which has a deductible clause in an amount not exceeding $1,000.00 for aerial contractors and $500.00 for all other contractors, for the total amount of liability insurance, surety bond or cash deposit required herein; and provided, further, that if the applicant has not satisfied the requirement of the deductible amount in any prior legal claim, such deductible clause shall not be accepted by the Commissioner unless such applicant furnishes the Commissioner with a surety bond, liability insurance or cash deposit which shall satisfy the amount of the deductible as to all claims that may arise in his application of pesticides. Further, in the event any contractor has an unpaid and outstanding judgment against him as a result of damages caused to a second party by the misuse of pesticides, he must provide a bond in an amount acceptable to the Commissioner before he can be licensed or relicensed."
Section 4. Said Act is further amended by striking subsection (b) of Section 23, which reads as follows:
"(b) The Commissioner, with or without the aid and advice of the county or district attorney, is charged with the duty of enforcing the requirements of this Act and any rules or regulations issued hereunder. In the event a county or district attorney refuses to act on behalf of the Commissioner, the Attorney General may so act.",
in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The Commissioner is charged with the duty of enforcing the requirements of this Act and the rules and regulations promulgated hereunder."
Section 5. Said Act is further amended by striking subsection (c) of Section 23, which reads as follows:

GEORGIA LAWS 1980 SESSION

753

"(c) The Commissioner may bring an action to enjoin the violation or threatened violation of any provision of this Act or any rule made pursuant to this Act in the Superior Court of the county in which such violation occurs or is about to occur.",
in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) In addition to any other remedy provided in this Act, the Commissioner is authorized to bring an action to enjoin a violation of any provision of this Act or any rule or regulation promulgated hereunder. In such an action it shall not be necessary for the Commissioner to allege or prove the absence of an adequate remedy at law."
Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

TENANCY IN COMMON DEFINED, ETC.
Code Chapter 85-10 Amended.
No. 1003 (House Bill No. 1291).
AN ACT
To amend Code Chapter 85-10, relating to tenancies in common, as amended, so as to clarify the law relative to joint tenancy of shares and securities of corporations and multiple party deposit accounts in financial institutions; to provide for exceptions; to provide for legislative intent; to provide an effective date; to repeal conflicting laws; and for other purposes.

754

GENERAL ACTS AND RESOLUTIONS, VOL. I

Be it enacted by the General Assembly of Georgia:
Section 1. Code Chapter 85-10, relating to tenancies in common, as amended, is hereby amended by striking Code Section 85-1001 in its entirety and inserting in lieu thereof a new Code Section 85-1001 to read as follows:
"85-1001. Definition; inequality of shares, effect of. Unless otherwise specifically provided by statute, wherever two or more persons, from any cause, are entitled to the possession, simultaneously, of any property, a tenancy in common is created, unless the document or instrument provides otherwise. Tenants in common may have unequal shares; they will be held to be equal unless the contrary appears. The fact of inequality shall not give the person holding the greater interest any privileges, as to possession, superior to the person owning a lesser interest so long as the tenancy continues."
Section 2. Said Code chapter is further amended by striking Code Section 85-1002 in its entirety and inserting in lieu thereof a new Code Section 85-1002 to read as follows:
"85-1002. Tenancy in common; joint tenants, (a) Deeds and other instruments of title, including any in which one person conveys to himself and one or more other persons, any in which two or more persons convey to themselves, or to themselves and another or others, and wills, taking effect after January 1, 1977, may create a joint interest with survivorship in two or more persons. Any instrument of title in favor of two or more persons shall be construed to create interests in common without survivorship between or among the owners unless the instrument expressly refers to the takers as `joint tenants,' `joint tenants and not as tenants in common,' or `joint tenants with survivorship,' or as taking `jointly with survivorship.' Any instrument using one of the forms of expression referred to in the preceding sentence, or language essentially the same as one of these forms of expression, shall create a joint tenancy estate or interest that may be severed as to the interest of any owner by his lifetime transfer of all or a part of his interest.
(b) Neither this Code section nor Code Section 85-1001 shall be construed to repeal, modify, or limit, in any way, either Code Section 22-5107, relative to joint tenancy of shares and securities of

GEORGIA LAWS 1980 SESSION

755

corporations, or Code Chapter 41A-38, relative to multiple party accounts in financial institutions, or any other statute relative to multiple party accounts in financial institutions. Neither this Code section nor Code Section 85-1001 shall apply to any document, transaction, or right to which Code Section 22-5107 applies or to multiple party deposit accounts in any financial institution."
Section 3. It is intended by the enactment of this Act to codify and clarify existing law relating to the subject matter of this Act and the enactment of this law shall not imply that existing law is otherwise than as is provided herein.
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

FEES FOR RECEIVING CHILD SUPPORT PAYMENTS.
Code Section 24-2703a Amended.
No. 1004 (House Bill No. 1294).
AN ACT
To amend Code Section 24-2703a, relating to fees collected by the child support receiver, as amended, so as to provide for the assessment and collection of fees; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 24-2703a, relating to fees collected by the child support receiver, as amended, is hereby amended by striking from the first sentence of said section the following:

756

GENERAL ACTS AND RESOLUTIONS, VOL. I

"payment, not to exceed $2.00 per payment.",
and inserting in lieu thereof the following:
"each payment, not to exceed $2.00 per payment. In the event of arrearage, the above fee shall be assessed as if the payments had been paid individually when due.",
so that when so amended Code Section 24-2703a shall read as follows:
"24-2703a. Fees. The Child Support Receiver shall be authorized to charge the paying party an additional five percent of the amount of each payment, not to exceed $2.00 per payment. In the event of arrearage, the above fee shall be assessed as if the payments had been paid individually when due. Said sums shall be turned over to the county treasury as revenue. Records of all such fees shall be maintained in accordance with the provisions of this Act."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

COMPENSATION OF MEMBERS OF THE GENERAL ASSEMBLY, ETC.
No. 1005 (House Bill No. 1298).
AN ACT
To amend an Act providing for the compensation and allowances of certain state officials, approved April 13, 1973 (Ga. Laws 1973, p. 701), as amended by an Act approved January 20, 1978 (Ga. Laws 1978, p. 4) and an Act approved March 14, 1978 (Ga. Laws 1978, p. 902), so as to provide for certain allowances for members of the General Assembly; to provide a procedure for deter-

GEORGIA LAWS 1980 SESSION

757

mining the salaries of certain officials; to provide effective dates; to repeal conflicting laws; and for other purposes.

Be it enacted by the General Assembly of Georgia:

Section 1. An Act providing for the compensation and allowances of certain state officials, approved April 13, 1973 (Ga. Laws 1973, p. 701), as amended by an Act approved January 20, 1978 (Ga. Laws 1978, p. 4) and an Act approved March 14, 1978 (Ga. Laws 1978, p. 902), is hereby amended by striking subsection (22) of Section 2 in its entirety and inserting in lieu thereof a new subsection (22) to read as follows:

"(22) Each member of the General Assembly

7,200

Each member of the General Assembly shall also receive the allowances provided by law except that each member shall receive an expense allowance in the sum of $44 per day and shall receive the same mileage allowance for the use of a personal car when devoted to official business as that received by other State officials and employees.

In addition to any other compensation and allowances authorized for members of the General Assembly, each member of the General Assembly shall be reimbursed for actual expenses incurred in the performance of duties within the State as a member of the General Assembly in an amount not to exceed $3600 per annum. These expenses shall be limited to one or more of the following purposes: rents, district office or offices, office supplies and materials, office equipment, secretarial assistance, utilities, postage, which shall not be used for a political news letter, communications, stationery, lodging, meals, and travel. Such expenses shall be reimbursed upon the submission of sworn vouchers to the Legislative Fiscal Office.

Section 2. The provisions of Section 1 of this Act shall become effective when members of the General Assembly take office on the convening day of the regular session of the General Assembly in 1981. The provisions of Section 2 of this Act shall become effective July 1, 1980.

758

GENERAL ACTS AND RESOLUTIONS, VOL. I

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

COMPENSATION OF THE GOVERNOR.

No. 1006 (House Bill No. 1299).

AN ACT

To amend an Act providing for the compensation and allowances of certain state officials, approved April 13, 1973 (Ga. Laws 1973, p. 701), as amended by an Act approved January 20, 1978 (Ga. Laws 1978, p. 4) and an Act approved March 14, 1978 (Ga. Laws 1978, p. 902), so as to provide for a change in the compensation of the Governor; to repeal conflicting laws; and for other purposes.

Be it enacted by the General Assembly of Georgia:

Section 1. An Act providing for the compensation and allowances of certain state officials, approved April 13, 1973 (Ga. Laws 1973, p. 701), as amended by an Act approved January 20, 1978 (Ga. Laws 1978, p. 4) and an Act approved March 14, 1978 (Ga. Laws 1978, p. 902), is hereby amended by striking from Section 2 the following:

"(1) Governor

$50,000",

and inserting in lieu thereof the following:

"(1) Governor

$60,000".

GEORGIA LAWS 1980 SESSION

759

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

GEORGIA FACTORY FOR THE BLIND MiiSURPLUS FUNDS.
No. 1007 (House Bill No. 1300).
AN ACT
To amend an Act creating the Georgia Factory for the Blind, approved March 30, 1937 (Ga. Laws 1937, p. 579), as amended by an Act approved March 21, 1970 (Ga. Laws 1970, p. 557), so as to provide that surplus funds accrued by the Factory shall not exceed the total sum of $350,000.00; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Georgia Factory for the Blind, approved March 30, 1937 (Ga. Laws 1937, p. 579), as amended by an Act approved March 21, 1970 (Ga. Laws 1970, p. 557);'is hereby amended by striking from the last sentence of Section 3A the following:
"$250,000.00",
and inserting in lieu thereof the following:
"$350,000.00",
so that when so amended Section 3A shall read as follows:
"Section 3A. To provide that surplus funds designated as reserve funds accruing at the Georgia Factory for the Blind in any

760

GENERAL ACTS AND RESOLUTIONS, VOL. I

fiscal year shall not lapse to the State Treasury, but may be reserved by the Factory as working capital. Such reserve shall be cumulative, but shall not exceed the total sum of $350,000.00."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

GEORGIA INSURANCE CODE AMENDED - PROPERTY INSURANCE, ETC.
Code Section 56-405 Amended.
No. 1008 (House Bill No. 1317).
AN ACT
To amend Code Section 56-405, relating to the definition of "property insurance" for the purposes of certain provisions of Code Title 56, known as the "Georgia Insurance Code," as amended, particularly by an Act approved April 12, 1979 (Ga. Laws 1979, p. 804), so as to provide for the content of any contract, agreement, or instrument considered to be "property insurance"; to provide the procedure for claims to be made under such contracts, agreements, or instruments; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 56-405, relating to the definition of "property insurance" for the purposes of certain provisions of Code Title 56, known as the "Georgia Insurance Code," as amended, particularly by an Act approved April 12, 1979 (Ga. Laws 1979, p.

GEORGIA LAWS 1980 SESSION

761

804), is hereby amended by adding at the end thereof a new subsection, to be designated subsection (c), to read as follows:
"(c) (1) Such contract, agreement, or instrument as defined in paragraphs (1) and (2) of subsection (b) above shall state the name and address of the licensed insurer which has underwritten the contract, agreement, or instrument either directly or through a reinsurance contract.
(2) In the event such contract, agreement, or instrument is issued by a party other than an insurer so that the holder thereof must make claim in the first instance against a party other than the insurer, such contract, agreement, or instrument shall provide that the holder shall be entitled to make a direct claim against the insurer upon the failure of the issuer to pay any claim within 60 days after proof of loss has been filed with the issuer.
(3) Such contract, agreement, or instrument shall be noncancelable by the issuer except for fraud, material misrepresentation, or failure to pay the premium due therefor. Such cancellation shall be in writing and shall conform to the requirements of Code Section 56-2430 of the Georgia Insurance Code. The holder may cancel at any time upon demand and surrender of the contract, agreement, or instrument whereupon the issuer shall refund the excess of paid premium above the customary short rates for the expired time.",
so that when so amended Code Section 56-405 shall read as follows:
"56-405. `Property insurance' defined, (a) `Property insurance' is insurance on real or personal property of every kind and interest therein, against loss or damage from any or all hazard or cause, and against loss consequential upon such loss or damage, other than noncontractual legal liability for any such loss or damage. Property insurance shall also include miscellaneous insurance as defined in subsection (11) of Section 56-408 except as to any noncontractual liability coverage includable therein.
(b) `Property insurance' also includes:

762

GENERAL ACTS AND RESOLUTIONS, VOL. I

(1) Any contract, agreement, or instrument whereby a person assumes the risk of and/or the expense or portion thereof for the mechanical breakdown or mechanical failure of a motor vehicle and shall include those agreements commonly known as vehicle service agreements or extended warranty agreements, if made by a person other than the motor vehicle manufacturer in exchange for a separately stated charge, or the cost of such contract or contracts is included on a nonidentifiable basis in the cost of a motor vehicle sold in conjunction therewith; except that this provision shall not apply to an agreement underwritten by an insurer licensed to transact insurance in this State, either directly or through a reinsurance contract.
(2) Any contract, agreement, or instrument whereby a person assumes the risk of and/or the expense or portion thereof for the structural or mechanical breakdown, loss of, or damage to a one or two family residential building structure or any part thereof from any cause, including loss of or damage to or loss of use of the building structure or major components thereof which are attached to and become a part of said structure by reason of depreciation, deterioration, wear and tear, use, obsolescence or breakage, if made by a person other than the constructing contractor or manufacturer of such building structure or part thereof in exchange for a separately stated charge, or the cost of such contract or contracts is included on a nonidentifiable basis in the cost of such building structure sold in conjunction therewith; except that this provision shall not apply to an agreement underwritten by an insurer licensed to transact insurance in this State, either directly or through a reinsurance contract.
(c) (1) Such contract, agreement, or instrument as defined in paragraphs (1) and (2) of subsection (b) above shall state the name and address of the licensed insurer which has underwritten the contract, agreement, or instrument either directly or through a reinsurance contract.
; (2) In the event such contract, agreement, or instrument is issued by a party other than an insurer so that the holder thereof must make claim in the first instance against a party other than the insurer, such contract, agreement, or instrument shall provide that the holder shall be entitled to make a direct claim against the insurer upon the failure of the issuer to pay any

GEORGIA LAWS 1980 SESSION

763

claim within 60 days after proof of loss has been filed with the issuer.
(3) Such contract, agreement, or instrument shall be noncancelable by the issuer except for fraud, material misrepresentation, or failure to pay the premium due therefor. Such cancellation shall be in writing and shall conform to the requirements of Code Section 56-2430 of the Georgia Insurance Code. The holder may cancel at any time upon demand and surrender of the contract, agreement, or instrument whereupon the issuer shall refund the excess of paid premium above the customary short rates for the expired time."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

STATE DEPOSITORY BOARD ACT AMENDED.
Code Section 100-101 Amended.
No. 1009 (House Bill No. 1340).
AN ACT
To amend Code Section 100-101, relating to the State Depository Board, as amended, so as to authorize the board to appoint as state depositories of state funds any building and loan association or federal or state savings and loan association which has its deposits insured by the Federal Savings and Loan Insurance Corporation or the Georgia Credit Union Deposit Corporation; to provide an effective date; to repeal conflicting laws; and for other purposes.

764

GENERAL ACTS AND RESOLUTIONS, VOL. I

Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 100-101, relating to the State Depository Board, as amended, is hereby amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 100-101 to read as follows:
"100-101. State Depository Board, creation, membership; naming and appointment of depositories. The State Depository Board (hereinafter referred to as the `Board') is hereby created, consisting of the Governor, the Comptroller General, the State Auditor, the Commissioner of Banking and Finance, the State Revenue Commissioner, and the Director of the Fiscal Division, Department of Administrative Services (hereinafter referred to as the `Director') who shall act as administrative officer of the Board, a majority of whom shall constitute a quorum, and the acts of the majority of whom shall be the acts of the Board. The Board, in its discretion, may, from time to time, name and appoint as State depositories of State funds any bank or trust company which has its deposits insured by the Federal Deposit Insurance Corporation. The Board may also name and appoint as State depositories of State funds any building and loan association or Federal or State savings and loan association which has its deposits insured by the Federal Savings and Loan Insurance Corporation or the Georgia Credit Union Deposit Corporation."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

GEORGIA LAWS 1980 SESSION

765

LAKE LANIER ISLANDS DEVELOPMENT AUTHORITY ACT AMENDED.
No. 1010 (House Bill No. 1349).
AN ACT
To amend an Act known as the "Lake Lanier Islands Development Authority Act," approved March 9, 1962 (Ga. Laws 1962, p. 736), as amended, particularly by an Act approved March 25, 1964 (Ga. Laws 1964, p. 731), an Act approved April 8, 1968 (Ga. Laws 1968, p. 1132), an Act approved April 15, 1969 (Ga. Laws 1969, p. 397), and an Act approved April 3, 1972 (Ga. Laws 1972, p. 3509), so as to change the number and composition of the membership of the Authority; to change the number of members necessary to constitute a quorum; to provide that no person shall exercise the proxy vote of any member; to provide that the Authority can conduct meetings through the use of conference telephones or other similar devices; to extend the authority of the Authority to exercise certain powers within 300 yards of the shoreline of the Islands; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Said Act is further amended by striking Section 2 of said Act, which reads as follows:
"Section 2. The Authority shall consist of nine (9) members as follows: The Secretary of State, the Director of the State Game and Fish Commission, the Director of the Department of Industry and Trade of the State of Georgia, the Director of the State Parks Department, the President of the Upper Chattahoochee Development Association, and four additional members to be appointed by the Governor, two of whom shall be members in good standing of the Upper Chattahoochee Development Association. The first four appointees so named shall be appointed for terms of one, two, three and four years, as designated by the Governor, and all appointments thereafter shall be made for terms of four years.
The state officials, the President of the Upper Chattahoochee Development Association, and the members appointed by the Governor shall immediately enter upon their duties without further act or formality.

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The members of the Authority shall elect one of their members as chairman and another as vice-chairman. They shall also elect a secretary and a treasurer who need not be members. The office of secretary and treasurer may be combined in one person.
The Authority may make such bylaws for its government as is deemed necessary, but is under no duty to do so.
Any five members of the Authority shall constitute a quorum necessary for the transaction of business, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted to the Authority by this Act. No vacancy on the Authority shall impair the right of a quorum to transact any and all business as aforesaid.
The members shall receive no compensation for their services but all members shall be entitled to be reimbursed for actual expenses, including travel and any other expenses, incurred while in the performance of their duties. Employees of the Authority shall receive reasonable compensation, to be determined by the members of the Authority, for their services.",
and substituting in lieu thereof a new Section 2 to read as follows:
"Section 2. (a) The Authority shall consist of seven members as follows: The Secretary of State, the Commissioner of the State Department of Natural Resources, and five additional members appointed by the Governor as follows: one member from the State at large who shall be appointed in May, 1980, to succeed to the position of the current member of the Authority whose term expires May, 1980; one member from the State at large who shall be appointed in May, 1981, to succeed to the position of the current member of the Authority whose term expires May, 1981; one member from Forsyth County who shall be appointed in May, 1982, to succeed to the position of the current member of the Authority whose term expires May, 1982; one member from Hall County who shall be appointed in May, 1983, to succeed to the position of the current member of the Authority whose term expires May, 1983; and one member from Gwinnett County who shall be appointed in May, 1984, to succeed to the position of the current member of the Authority who is serving by virtue of being President of the Upper Chattahoochee Association and whose term shall

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expire in May, 1984. Each appointment shall be for a term of four years and until his successor is appointed and qualified.
(b) The members of the Authority shall elect one of their members as chairman and another as vice-chairman. They shall also elect a secretary and a treasurer who need not be members. The off ice of secretary and treasurer may be combined in one person.
(c) The Authority may make such bylaws for its government as is deemed necessary but is under no obligation to do so.
(d) Any four members of the Authority shall constitute a quorum necessary for the transaction of business, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted to the Authority by this Act. However, no person shall be entitled to exercise or cast a proxy vote for any member. No vacancy on the Authority shall impair the right of a quorum to transact any and all business as aforesaid.
(e, The members shall receive no compensation for their services but all members shall be entitled to be reimbursed for actual expenses, including travel and any other expenses, incurred while in the performance of their duties. Employees of the Authority shall receive reasonable compensation, to be determined by the members of the Authority, for their services.
(f) All members of the Authority shall immediately enter upon their duties without further act or formality."
Section 2. Said Act is further amended by striking Section 10 of said Act, which reads as follows:
"Section 10. The Authority is hereby empowered to exercise such of the police powers of the State as may be necessary to maintain peace and order and to enforce any and all zoning, uses, and personal conduct restrictions upon the properties and facilities and the persons under its jurisdiction to the extent that such is lawful under the laws of the nation, and the State; however, the Authority may delegate all or any part of performance of this function for a time or permanently to the State or the county in which the park is located.",

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and substituting in lieu thereof a new Section 10 to read as follows:
"Section 10. The Authority is hereby empowered to exercise such of the police powers of the State as may be necessary to maintain peace and order and enforce any and all zoning, uses, and personal conduct restrictions upon the properties and facilities and the persons under its jurisdiction to the extent that such is lawful under the laws of the nation, and the State. In addition and upon the adoption by the Authority of a resolution so stating, the Authority is hereby empowered to exercise the police powers of the State, as above provided, in areas specified in said resolution, up to within 300 yards of the shoreline of the Islands. The Authority may delegate all or any part of the performance of these functions for a time or permanently to the State or the county in which the park is located."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

SHERIFFS' RETIREMENT FUND OF GEORGIA^* BENEFITS.
No. 1011 (House Bill No. 1364).
AN ACT
To amend an Act creating the Sheriffs' Retirement Fund of Georgia, approved April 16, 1963 (Ga. Laws 1963, p. 630), as amended, so as to provide that death benefits paid in the form of an annuity for the remaining life of the surviving spouse of an active member sheriff who dies before having terminated his official capacity and service as a sheriff shall be paid in lieu of a return of

GEORGIA LAWS 1980 SESSION

769

dues to the member sheriff's spouse rather than in addition to such return of dues; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section I. An Act creating the Sheriffs' Retirement Fund of Georgia, approved April 16, 1963 (Ga. Laws 1963, p. 630), as amended, is hereby amended by striking subsection (d) of Section 19 in its entirety and inserting in lieu thereof a new subsection (d) of Section 19 to read as follows:
"(d) In addition to benefits provided in subsection (b) of this Section, but in lieu of the benefits provided in subsection (a) of this Section, upon the death of any active member of this Fund before retirement, which member would otherwise have been eligible to receive retirement benefits except for his not having terminated his official capacity and service as a sheriff, shall have death benefits extended to the surviving spouse of such member in the form of an annuity for the remaining life of such spouse determined and paid to such surviving spouse under Option 2 of subsection (b) of Section 18 of this Act to the same extent as if such member had become deceased while receiving retirement benefits under Option 2."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

25

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GENERAL ACTS AND RESOLUTIONS, VOL. I

CRIMES - BURGLARY DEFINED, ETC.
Code Section 26-1601 Amended.
No. 1012 (House Bill No. 1370).
AN ACT
To amend Code Section 26-1601, relating to burglary, as amended, so as to change the provisions relating to the definition of burglary; to provide for clarification with respect to penalties; to define the term "railroad car" for the purposes of Code Section 261601; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 26-1601, relating to burglary, as amended, is hereby amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) A person commits burglary when, without authority and with the intent to commit a felony or theft therein, he enters or remains within the dwelling house of another or any building, vehicle, railroad car, watercraft, or other such structure designed for use as the dwelling of another, or enters or remains within any other building, railroad car, aircraft, or any room or any part thereof. A person convicted of burglary, for the first such offense, shall be punished by imprisonment for not less than one nor more than 20 years. For the purposes of this Code section, the term `railroad car' shall also include trailers on flat cars, containers on flat cars, trailers on railroad property or containers on railroad property.",
so that when so amended Code Section 26-1601 shall read as follows:
"26-1601. Burglary, (a) A person commits burglary when, without authority and with the intent to commit a felony or theft therein, he enters or remains within the dwelling house of another or any building, vehicle, railroad car, watercraft, or other such structure designed for use as the dwelling of another, or enters or remains

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within any other building, railroad car, aircraft, or any room or any part thereof. A person convicted of burglary, for the first such offense, shall be punished by imprisonment for not less than one nor more than 20 years. For the purposes of this Code section, the term `railroad car' shall also include trailers on flat cars, containers on flat cars, trailers on railroad property or containers on railroad property.
(b) Upon a second conviction for a crime of burglary occurring after the first conviction, a person shall be punished by imprisonment for not less than two nor more than 20 years. Upon a third conviction for the crime of burglary occurring after the first conviction, a person shall be punished by imprisonment for not less than five nor more than 20 years. Adjudication of guilt or imposition of sentence shall not be suspended, probated, deferred or withheld for any offense punishable under this subsection."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

REMOVAL OF TAX ASSESSORS FROM OFFICE.
Code Section 91 A-1439 Amended.
No. 1013 (House Bill No. 1392).
AN ACT
To amend Code Section 91A-1439, relating to removal from office of members of boards of tax assessors, so as to change the number of signatures required on a petition for removal; to repeal conflicting laws; and for other purposes.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 91A-1439, relating to removal from office of members of boards of tax assessors, is hereby amended by striking therefrom the following:
"10",
and substituting in lieu thereof the following:
"100",
so that when so amended Code Section 91A-1439 shall read as follows:
"91 A-1439. Removal from office, proceedings for; appeal. Whenever by petition to the judge of the superior court in term time or at chambers any 100 or more freeholders of the county allege that any member of the county board of tax assessors is disqualified or is not properly and impartially discharging his duties or is discriminating in favor of certain citizens or classes of citizens and against others, the judge shall cite the member so complained of to appear before him at a time and place in the county to be fixed in the citation, not less than 20 nor more than 40 days from the date of the presentation of the petition, and to answer to the petition. A copy of the petition shall be attached to the citation and service of the citation may be made by any sheriff, deputy sheriff, or constable of this State. The officer making the service shall serve copies and return the original petition and citation to the clerk of the court as other process is returned. At the time and place fixed in the citation, unless postponed for reasonable cause, the judge shall hear and determine the matter without the intervention of a jury and shall render such judgment and order as may be right and proper, either dismissing the petition or removing the offending member of the county board of tax assessors from office and declaring a vacancy in such office. If either party to the controversy is dissatisfied with the judgment and order of the court, the party may take the issue to the Court of Appeals by appeal as in other cases."

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

GEORGIA CODE OF PUBLIC TRANSPORTATION AMENDED - PARKING FACILITIES.
Code Title 95A Amended.
No. 1014 (House Bill No. 1420).
AN ACT
To amend Code Title 95A, known as the "Georgia Code of Public Transportation", approved April 18, 1973 (Ga. Laws 1973, pp. 947 to 1191), as amended, particularly by an Act approved March 28, 1974 (Ga. Laws 1974, pp. 1422, 1427), an Act approved March 18, 1975 (Ga. Laws 1975, pp. 98-100); an Act approved March 5, 1976 (Ga. Laws 1976, pp. 416, 417); an Act approved March 24, 1976 (Ga. Laws 1976, pp. 775, 776), so as to allow the Department of Transportation to lease parking facilities constructed by the Department to any rapid transit authority created by the General Assembly and to provide that all net revenue derived from the lease of such parking facilities shall be utilized by the Department to offset the cost of constructing the parking facilities; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Title 95A, known as the "Georgia Code of Public Transportation", approved April 18, 1973 (Ga. Laws 1973, pp. 947 to 1191), as amended, particularly by an Act approved March 28, 1974 (Ga. Laws 1974, pp. 1422, 1427); an Act approved March 18, 1975 (Ga. Laws 1975, pp. 98-100); an Act approved March 5, 1976

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(Ga. Laws 1976, pp. 416, 417); an Act approved March 24, 1976 (Ga. Laws 1976, pp. 775, 776), is hereby amended by inserting after the first sentence and before the second sentence of paragraph (s) of Code Section 95A-302 the following sentence: "Further, the department may by contract lease to the rapid transit authority, under such terms and conditions as the department may deem appropriate, the right to occupy, operate, maintain or traverse by or with its mass transportation facilities any parking facility constructed by the department. Notwithstanding any provisions of Section 92-3501 through 92-3505 and 92-3601 through 92-3604, as amended, to the contrary, all net revenue derived from the lease shall be utilized by the Department of Transportation to offset the cost of constructing any parking facility." and by inserting the phrase "or lease" after the phrase "right of use" and before the word "granted" in the second sentence of paragraph (s) of Code Section 95A-302, relating to the powers and duties of the Department of Transportation, as amended, so that the first two sentences when so amended, shall read as follows:
"(s) The provisions of Chapter 95A-6 and section 95A-936 of this Title notwithstanding, the Department of Transportation may by contract grant to any rapid transit authority created by the General Assembly, under the terms and conditions as the department may deem appropriate, the right to occupy or traverse a portion of the right-of-way of any road on the State Highway System by or with its mass transportation facilities. Further, the department may by contract lease to the rapid transit authority, under such terms and conditions as the department may deem appropriate, the right to occupy, operate, maintain or traverse by or with its mass transportation facilities any parking facility constructed by the department. Notwithstanding any provisions of Section 92-3501 through 92-3505 and 92-3601 through 92-3604 as amended, to the contrary, all net revenue derived from the lease shall be utilized by the Department of Transportation to offset the cost of constructing any parking facility. Regardless of any financial expenditures by the rapid transit authority, no right of use or lease granted under this subsection shall merge into or become a property interest of the rapid transit authority."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

GEORGIA LAWS 1980 SESSION

775

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

GEORGIA CODE OF PUBLIC TRANSPORTATION AMENDEDgj| LEASES OF PROPERTY, ETC.
Code Title 95A Amended.
No. 1015 (House Bill No. 1421).
AN ACT
To amend Code Title 95A, known as the "Georgia Code of Public Transportation", approved April 18, 1973 (Ga. Laws 1973, pp. 947 to 1191), as amended, so as to allow the Department, county or municipality to negotiate a lease for the rental to the owner or occupant of real property until such property is needed for public road or other transportation purposes; to authorize the Department to negotiate a lease of any property contained within the rights-of-way of any non-limited access public road and not presently needed for public road purposes or rights-of-way under bridges or viaducts on limited access roads and not presently needed for public road purposes at an appraised fair market value as determined by the Department to the owner or lessee of the adjoining property for the purposes of parking and providing that all the net revenue derived from the lease of any of the Department's property used for the purposes of providing parking shall be utilized by the Department of Transportation to offset the cost of maintaining the public roads of the State; so as to authorize the Department of Transportation as a last resort to provide replacement housing when a federal project cannot proceed to construction because no comparable replacement sale or rental housing is available and to provide for the disposition of such property when it is no longer needed as replacement housing; so as to authorize the Department of Transportation to pay relocation assistance for persons displaced by State-

776

GENERAL ACTS AND RESOLUTIONS, VOL. I

aid highway projects located on the State Highway System; so as to authorize the Department of Transportation as a last resort to provide replacement housing when a State project cannot proceed to construction because no comparable sale or rental housing is available and to provide for the disposition of such property when it is no longer needed as replacement housing; to require the counties to pay relocation assistance only on federal-aid highway projects; to require municipalities to pay relocation assistance only on federalaid highway projects; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Title 95A, known as the "Georgia Code of Public Transportation", approved April 18, 1973 (Ga. Laws 1973, pp. 947 to 1191), as amended, is hereby amended by deleting in its entirety the first and second unnumbered paragraphs of Code Section 95A-622, relating to property management and inserting in lieu thereof the following paragraphs:
"In order that any interest in real property acquired for public road or other transportation purposes may be used most economically, the Department, counties or municipalities in addition to the authority granted in Section 95A-620 to dispose of property no longer needed and in Section 95A-602(b) to exchange property, may, notwithstanding the provisions of Code Title 91-1A, known as the "State Properties Code", approved April 24, 1975 (Ga. Laws 1975, pp. 1092, 1111), improve, use, maintain, or lease any interest in property acquired for public road or other transportation purposes that is not presently needed for such purposes.
"If the Department, a county or municipality decides to lease any such property, or interest therein, the owner of such property at the time of its acquisition, or his successor in interest, shall have the right to lease such property at an appraised fair market value to be determined by the Department, county or municipality for such period of time until the property is needed for public road or other transportation purposes: Provided, however, if at the time of acquisition such property was leased to a tenant, the tenant, instead of the owner or his successor in interest, shall have the first right to lease such property at the appraised fair market value. If the owner, his successor in interest or the tenant of the property does not lease such

GEORGIA LAWS 1980 SESSION

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property, then the Department, county or municipality shall have the right to lease such property at a price equal to the highest sealed public bid, if the bid is acceptable to the Department, county or municipality for such period of time until the property is needed for public road or other transportation purposes. If no bids, or bids which are insufficient are received, then the Department, county or municipality may readvertise for new public bids. The Department, county or municipality may negotiate a lease with any state or federal agency, county or municipality without the aforesaid requirement of sealed bids or leasing to the former owner. The Department, county or municipality shall have the right to impose reasonable restrictions, terms or conditions on the use of such leased property."
"Separate and distinct from the Department's authority to lease property in the preceding paragraph, the Department has the authority to negotiate a lease of any property contained within the rights-of-way of any non-limited access public road and not presently needed for public road purposes or rights-of-way under bridges or viaducts on limited access roads and not presently needed for public road purposes. If the Department decider to lease any such property, the property shall be leased at an appraised fair market value to be determined by the Department to the owner or the lessee of the property adjacent to the Department's rights-of-way for the purposes of parking. Such property shall only be used for the purposes of providing parking and shall not be subleased without the Department's prior approval. Plans for the use of said property must be submitted to and approved by the Department prior to any construction. Regardless of any financial expenditures by the lessee, no lease granted under this paragraph shall merge into or become a property interest of the lessee or a sublessee. The Department shall reserve the right to terminate any lease without cause upon a thirty day written notice to the lessee. Notwithstanding any provisions of Section 92-3501 through 92-3503 and 92-3601 through 92-3604 as amended, to the contrary, all net revenue derived from the lease of any of the Department's property used for the purposes of providing parking shall be utilized by the Department of Transportation to offset the cost of maintaining the public roads of the State.
so that said Section when so amended shall read as follows:
"95A-622. Property management. In order that any interest in real property acquired for public road or other transportation pur-

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GENERAL ACTS AND RESOLUTIONS, VOL. I

poses may be used most economically, the Department, counties or municipalities in addition to the authority granted in Section 95A620 to dispose of property no longer needed and in Section 95A602(b) to exchange property, may, notwithstanding the provisions of Code Title 91-1A, known as the "State Properties Code", approved April 24, 1975 (Ga. Laws 1975, pp. 1092, 1111), improve, use, maintain, or lease any interest in property acquired for public road or other transportation purposes that is not presently needed for such purposes.
"If the Department, a county or municipality decides to lease any such property, or interest therein, the owner of such property at the time of its acquisition, or his successor in interest, shall have the right to lease such property at an appraised fair market value to be determined by the Department, county or municipality for such period of time until the property is needed for public road or other transportation purposes: Provided, however, if at the time of acquisition such property was leased to a tenant, the tenant, instead of the owner or his successor in interest, shall have the first right to lease such property at the appraised fair market value. If the owner, his successor in interest or the tenant of the property does not lease such property, then the Department, county or municipality shall have the right to lease such property at a price equal to the highest sealed public bid, if the bid is acceptable to the Department, county or municipality for such period of time until the property is needed for public road or other transportation purposes. If no bids, or bids which are insufficient are received, then the Department, county or municipality may readvertise for new public bids. The Departmentcounty or municipality may negotiate a lease with any state or federal agency, county or municipality without the aforesaid requirement of sealed bids or leasing to the former owner. The Department, county or municipality shall have the right to impose reasonable restrictions, terms or conditions on the use of such leased property."
"Separate and distinct from the Department's authority to lease property in the preceding paragraph, the Department has the authority to negotiate a lease of any property contained within the rights-of-way of any non-limited access public road and not presently needed for public road purposes or rights-of-way under bridge or viaducts on limited access public roads and not presently needed for public road purposes. If the Department decides to lease any

GEORGIA LAWS 1980 SESSION

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such property, the property shall be leased at an appraised fair market value to be determined by the Department to the owner or the lessee of the property adjacent to the Department's rights-of-way for the purposes of parking. Such property shall only be used for the purposes of providing parking and shall not be subleased without the Department's prior approval. Plans for the use of said property must be submitted to and approved by the Department prior to any construction. Regardless of any financial expenditures by the lessee, no lease granted under this paragraph shall merge into and become a property interest of the lessee or a sublessee. The Department shall reserve the right to terminate any lease without cause upon a thirty day written notice to the lessee. Notwithstanding any provisions of Sections 92-3501 through 92-3503 and 92-3601 through 92-3604 as amended, to the contrary, all net revenues derived from the lease of any of the Department's property used for the purposes of providing parking shall be utilized by the Department of Transportation to offset the cost of maintaining the public roads of the State.
"Unless said property or interest therein is leased to a taxexempt person or body, it shall be subject to all applicable taxes, both real and personal."
Section 2. Said Code Title is further amended by adding thereto a new Section, numbered 95A-623.2, which shall be inserted in its appropriate numerical order within the Ga. Code of Public Transportation and which shall read as follows:
"95A-623.2. Last resort replacement housing for persons displaced by Federal-aid highway projects. The Department shall have the authority, as last resort, to provide replacement housing when a federal-aid-highway project financed in whole or in part with federal-aid cannot proceed to actual construction because no comparable replacement sale or rental housing is available. In carrying out the relocation assistance activities, the Department, with prior concurrence of the State Transportation Board, shall be authorized to make payments, construct or reconstruct with its own forces, cause to be constructed or reconstructed, and purchase by deed or condemnation any real property for the purposes of providing replacement housing. The Department may exchange, lease or sell to the displaced person such replacement housing. Whenever any real property has been acquired under the provisions of this subsection

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GENERAL ACTS AND RESOLUTIONS, VOL. I

and thereafter the Department determines that all or any part of said property or any interest therein is no longer needed for such purposes because of changed conditions, the Department is hereby authorized to dispose of such property or interest therein in accordance with the provisions of Section 95A-621(b)."
Section 3. Said Code Title is further amended by adding thereto a new Section, numbered 95A-623.2, which shall be inserted in its appropriate numerical order within the Georgia Code of Public Transportation and which shall read as follows:
"95A-623.3. Relocation assistance for persons displaced by State-aid projects on the State Highway System.
"The Department, is authorized to make or improve payments for ail necessary relocation expenses, replacement housing expenses, relocation advisory services, expenses incident to the transfer of real property and iitigation expenses as provided for in Section 95A-623 (a) (2) (A) (B) and (C) of any individual, family, business, farm operation or non-profit organization displaced by a State-aid highway project on the State Highway System, the cost of which are now or hereafter financed in whole or in part from State funds, the Department shall be guided by the policies, provisions and limitations of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 646, 91st Congress, 2nd session, approved January 2, 1971. The Department shall not implement any relocation assistance on any State-aid projects on the State Highway System without the prior concurrence of the State Transportation Board."
Section 4. Said Code Title is further amended by adding thereto a new Section, numbered 95A-623.3, which shall be inserted in its appropriate numerical order within the Georgia Code of Public Transportation and which shall read as follows:
"95A-623.4. Last resort replacement housing for persons displaced by State-aid projects on the State Highway System. The Department, shall have the authority, as last resort, to provide replacement housing when a State-aid project on the State Highway System cannot proceed to actual construction because no comparable replacement sale or rental housing is available. In carrying out the relocation assistance activities, the Department, with prior con-

GEORGIA LAWS 1980 SESSION

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currence of the State Transportation Board, shall be authorized to make payments, construct or reconstruct with its own forces, cause to be constructed or reconstructed and purchase by deed or condemnation any real property for the purposes of relocating or constructing replacement housing. The Department may exchange, lease or sell to the displaced person such replacement housing. Whenever any real property has been acquired under the provisions of this subsection and thereafter the Department determines that all or any part of said property or any interest therein is no longer needed for such purposes because of changed conditions, the Department is hereby authorized to dispose of such property or interest therein in accordance with the provisions of Section 95A-621(b)."
Section 5. Said Code Title is further amended by inserting the phrase "for federal-aid highway projects" after the word "rights-ofway" and before the word "on" in subsection (f) of Code Section 95A-401, relating to the duties of the county to provide relocation assistance, so that said subsection (f) when so amended, shall read as follows:
"(f) Relocation assistance. In acquiring property for rights-ofway for federal-aid highway projects on its county road system, the county shall comply with the requirements of the applicable provisions of the Uniform Relocation System and Real Property Acquisition Policy Act of 1970 Public Law 646, 91st Congress, 2nd session, approved January 2, 1971, and in general be guided by the policies applicable to the Department, as set forth in section 95A-623 of this Title."
Section 6. Said Code Title is further amended by inserting the phrase "for federal-aid highway projects" after the words "rights-ofway" and before the phrase "on its system," in the second sentence of the first paragraph of subsection (c) of Code Section 95A-503, relating to the powers of municipal governing authorities in the acquisition, management and disposition of real property, so that said first paragraph of subsection (c) when so amended, shall read as follows:
"(c) Acquisition, management, and disposition of real property; eminent domain. A municipality may acquire, manage, and dispose of real property or any interests therein for public roads on its municipal street system under the procedures provided in Chapter

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GENERAL ACTS AND RESOLUTIONS, VOL. I

95A-6. In acquiring property for rights-of-way for federal-aid highway projects on its system, the municipality shall comply with the requirement of the applicable provisions of the Uniform Relocation System and Real Property Acquisition Policy Act of 1970 Public Law 646, 91st Congress, 2nd session, approved January 2, 1971, and in general be guided by the policies applicable to the Department, as set forth in section 95A-623 of this Title."
Section 7. In the event any section, subsection, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act, which shall remain in full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 9. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

ROME JUDICIAL CIRCUIT1-- ADDITIONAL JUDGE.
No. 1016 (House Bill No. 1430).
AN ACT
To provide for an additional judge of the Superior Court of the Rome Judicial Circuit; to provide for the initial appointment of such judge; to provide for the election of his successors; to provide for terms; to prescribe the powers of said judge; to prescribe the com-

GEORGIA LAWS 1980 SESSION

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pensation and allowances of said judge; to provide for rules for the transaction of business of the superior court of said circuit; to provide for a presiding judge of said circuit; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Under and in accordance with the provisions of Article VI, Section III, Paragraph I of the Constitution, a new judge of the superior courts is hereby added to the Rome Judicial Circuit, thereby increasing to three the number of judges of said circuit.
Section 2. Such additional judge shall be appointed initially by the Governor to take office within 30 days after the date this Act becomes law, for a term ending December 31, 1980, and until the election and qualification of a successor. Thereafter, such additional judge shall be elected in a manner provided by law for the election of judges of the superior courts of this state at the general election in November, 1980, for a term of four years beginning on January 1, 1981, and until the election and qualification of a successor. Future successors shall be elected at the general election each four years thereafter for terms of four years and until the election and qualification of a successor. They shall take office on the first day of January following the date of the election. Such elections shall be held and conducted in a manner provided by law for the election of judges of the superior courts of this state.
Section 3. Said additional judge shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the three judges of the superior courts of said circuit may preside over any case therein and perform any official act as judge thereof.
Section 4. The compensation, salary, and contingent expense allowance of said additional judge shall be the same as that of the other judges of the Superior Court of the Rome Judicial Circuit.
Section 5. The three judges, in transacting the business of the superior courts of said circuit and in performing their duties and responsibilities shall share, divide, and allocate the work and duties to be performed by each of them. In the event of disagreement between said judges in respect to the aforesaid, the decision of the

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senior judge in point of continuous service as superior court judge shall be controlling. In the event that none of said judges shall be senior in point of continuous service as superior court judges, the judge who was first admitted to the State Bar shall be considered the senior judge.
Section 6. The judge who is senior in point of continuous service as superior court judge shall be the presiding judge of said circuit. In the event that none of said judges shall be senior in point of continuous service as superior court judge, the judge who was first admitted to the State Bar shall be presiding judge.
Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 8. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

ADVISORY COUNCIL FOR CONSTRUCTION AND LICENSURE OF HOSPITALS ABOLISHED.
Code Chapter 88-22 Repealed.
No. 1017 (House Bill No. 1435).
AN ACT
To repeal Code Chapter 88-22, relating to the Advisory Council for Construction and Licensure of Hospitals; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Chapter 88-22, relating to the Advisory Council for Construction and Licensure of Hospitals, is hereby repealed in its entirety.

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Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 20, 1980.

JAMES H. "SLOPPY" FLOYD VETERANS MEMORIAL BUILDING.
No. 90 (House Resolution No. 79-311).
A RESOLUTION
Designating the State office building heretofore known as the "Twin Towers" as the "James H. `Sloppy' Floyd Veterans Memorial Building"; and for other purposes.
WHEREAS, the State of Georgia is constructing an office building with two twenty-two-story towers at the intersection of Piedmont Avenue and Martin Luther King, Jr. Drive; and
WHEREAS, this building is presently identified as the "Twin Towers," and it is anticipated that this building will be ready for at least partial occupancy in 1980; and
WHEREAS, the late Representative James H. "Sloppy" Floyd was one of the prime movers in the initiation of this project and worked tirelessly and successfully during consideration of at least three separate appropriations bills to achieve funds for land acquisition, planning and construction thereof; and
WHEREAS, it was "Sloppy" Floyd's objective to provide better working conditions for State employees while at the same time saving tax funds by reducing the vast amount of rental property necessary to house State agencies; and

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WHEREAS, "Sloppy" Floyd passed away while in Atlanta to attend a preliminary budget hearing at the State Capitol at which a fourth appropriation for construction of this facility was to be discussed; and
WHEREAS, it is fitting and proper that a person who gave unstintingly of his energies and who worked so long and hard for the benefit of State employees and taxpayers as did "Sloppy" Floyd should have the memory of his contributions and services perpetuated; and
WHEREAS, "Sloppy" Floyd was a veteran of World War II and spent a major part of his life serving as the Quartermaster-Adjutant of the Veterans of Foreign Wars and working untiringly to insure that the veterans of this State received all of the benefits to which they were entitled; and
WHEREAS, he would be the first to recommend that this edifice be designated in a manner to commemorate the patriotic sacrifices of the military personnel of the State of Georgia who served in the armed forces to preserve liberty and freedom for our State and nation; and
WHEREAS, the State of Georgia would be justifiably proud if the "Twin Towers" building was named for the late James H. "Sloppy" Floyd and those patriotic veterans.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the office building heretofore known as the "Twin Towers" is hereby named and designated as the "James H. `Sloppy' Floyd Veterans Memorial Building" in honor of the late Representative James H. "Sloppy" Floyd and the veterans of this State.
BE IT FURTHER RESOLVED that the Georgia Building Authority and any other officials and agencies of the State with jurisdiction over said building are hereby directed to identify, with proper and appropriate signs, on, in and around said building the name thereof.

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BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby directed to transmit an appropriate copy of this Resolution to the Governor, to the members and Director of Administration of the Georgia Building Authority, to the State Department of Veterans Service and to Mrs. Doris Howard.
Approved March 21, 1980.

PORTRAIT OF GOVERNOR JOSEPH EMERSON BROWN.
No. 91 (House Resolution No. 296-998).
A RESOLUTION
Authorizing the acceptance and display of a certain portrait of former Governor Joseph Emerson Brown; and for other purposes.
WHEREAS, the Honorable Joseph Emerson Brown served this State of Georgia as Governor for four consecutive two-year terms, a record for any elected Governor of this State; and
WHEREAS, Governor Brown served as the youngest Governor of this State and also served with great distinction as United States Senator from this State; and
WHEREAS, during his service in the United States Senate, Senator Brown grew and wore a beard, although while Governor he had always been clean-shaven; and
WHEREAS, the portrait which now hangs in honor of Governor Brown in the State Capitol shows a bearded Senator Brown, rather than a clean-shaven Governor Brown; and
WHEREAS, the descendants of Governor Brown have expressed a desire to commission and present to the State for display an appropriate, framed portrait representing the appearance of Governor Brown during his service as Governor; and

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WHEREAS, it is only fitting and proper that this gracious gesture of Governor Brown's descendants be accepted so that the most appropriate representation of Governor Brown should grace our Hall of Governors.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Secretary of State is hereby authorized to accept from Governor Joseph Emerson Brown's descendants, and to properly display in the State Capitol, an appropriate, framed portrait of Governor Brown as he appeared during his years of service to this State as Governor.
BE IT FURTHER RESOLVED that the descendants of Governor Brown are hereby commended for their gracious offer to the citizens of this State.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit appropriate copies of this Resolution to the Secretary of State, and to the descendants of Governor Brown who are making the gift of his portrait possible.
Approved March 21, 1980.

STATE MUSEUM OF AGRICULTURE.
No. 92 (House Resolution No. 432-1103).
A RESOLUTION
Designating the Georgia Agrirama as the State Museum of Agriculture; and for other purposes.
WHEREAS, the "Georgia Agrirama Development Authority Act of 1972" created the Georgia Agrirama Development Authority; and

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WHEREAS, the Authority was empowered to create an agricultural museum in or around the City of Tifton, Georgia; and
WHEREAS, this museum is known as Georgia Agrirama and its purpose is to preserve and exhibit selected aspects of Georgia's agricultural heritage; and
WHEREAS, this museum enables citizens of today to appreciate and understand this vital part of Georgia's history; and
WHEREAS, there are no other museums in the State of Georgia which primarily emphasize agricultural history and preservation.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Georgia Agrirama is hereby designated and will hereafter be recognized as the State Museum of Agriculture.
Approved March 21,1980.

JOEL NATHANIEL MORGAN NATIONAL GUARD ARMORY.
No. 93 (House Resolution No. 449-1145).
A RESOLUTION
Designating the Georgia National Guard Armory in Covington, Georgia, as the "Joel Nathaniel Morgan National Guard Armory"; and for other purposes:
WHEREAS, Mr. Joel Nathaniel Morgan of Covington, Georgia, served as a member of the United States Army from May 26, 1943, to January 26, 1946; and
WHEREAS, he served with distinction, dedication, and valor in the South Pacific at Milney Bay, New Guinea; in the Battle of Leyte; in the Battle of Luzon; and in Ascom City, Korea; and

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WHEREAS, on February 26, 1948, he enlisted as the first National Guardsman in Covington and has been a member of the Georgia National Guard in Covington from 1948 until the present; and
WHEREAS, citizen soldiers such as Mr. Morgan are the backbone of our nation's defense.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Georgia National Guard Armory in Covington, Georgia, is hereby designated as the "Joel Nathaniel Morgan National Guard Armory."
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit appropriate copies of this resolution to the adjutant general of the State of Georgia and to Mr. Joel Nathaniel Morgan.
Approved March 21, 1980.

METROPOLITAN ATLANTA RAPID TRANSIT OVERVIEW COMMITTEE.
No. 94 (House Resolution No. 435-1103).
A RESOLUTION
To amend a Resolution creating the Metropolitan Atlanta Rapid Transit Overview Committee, approved March 16, 1973 (Ga. Laws 1973, p. 70), as amended by a Resolution approved March 21, 1974 (Ga. Laws 1974, p. 524), a Resolution approved February 24, 1975 (Ga. Laws 1975, p. 31), and a Resolution approved March 23, 1977 (Ga. Laws 1977, p. 912), so as to change the provisions relating to the repeal of the Resolution; to repeal conflicting laws; and for other purposes.

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BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. A Resolution creating the Metropolitan Atlanta Rapid Transit Overview Committee, approved March 16, 1973 (Ga. Laws 1973, p. 70), as amended by a Resolution approved March 21, 1974 (Ga. Laws 1974, p. 524), a Resolution approved February 24, 1975 (Ga. Laws 1975, p. 31), and a Resolution approved March 23, 1977 (Ga. Laws 1977, p. 912), is hereby amended by striking from Section 3A, the date, "July L 1980", and inserting in lieu thereof the date, "July 1, 1982", so that when so amended Section 3A shall read as follows:
"Section 3A. Unless extended by Joint Resolution of the General Assembly, this Resolution shall stand repealed on July 1, 1982."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 21, 1980.

LAND CONVEYANCE IN HALL COUNTY AUTHORIZED.
No. 95 (House Resolution No. 482-1270).
A RESOLUTION
Authorizing the conveyance of certain State-owned real property located in Hall County; to repeal a specific Resolution; to repeal conflicting laws; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain real property located within Hall County, Georgia; and
WHEREAS, the said real property, now administered by the Department of Human Resources, comprises approximately 125 acres, more or less, and is more particularly described as follows:

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"All that tract or parcel of land lying and being in the Gainesville Militia District, Hall County, Georgia, described as follows: BEGINNING at an iron pin on the eastern right-of-way as laid out for a new State Road known as Georgia Project #P.R. 5717, which iron pin is approximately 5,073 feet South of the West edge of the paving of U. S. Highway 129, and running thence due East 2,455.09 feet to an iron pin; thence due South 2,458.90 feet to an iron pin; thence due West 2,015.00 feet to an iron pin; thence due North 1,458.90 feet to an iron pin; thence due West 500 feet to an iron pin on the eastern right-of-way of Georgia Project #P.R. 5717 (which iron pin is North 11 degrees 50 minutes East and 988.0 feet from the center of the East end of the headwall of a culvert across said new road); thence along said right-of-way as follows: North 2 degrees 57 minutes West 213.4 feet; North 49 minutes West 104.4 feet; North 2 degrees 32 minutes East 102 feet; North 4 degrees 34 minutes East 199.6 feet, North 8 degrees 29 minutes East 164.6 feet, North 7 degrees 32 minutes East 220 feet to the point of beginning.
"Said tract contains 125 acres and is bounded on the North, East and South by lands of the Grantees and on the West by said right-of-way and lands of the Grantees. Said tract is more particularly described by a plat by Patton-Pless & Associates, dated October 15, 1969, and recorded in Plat Book 43, page 18, in the office of the Clerk of the Superior Court, Hall County, Georgia.";
and
WHEREAS, the State of Georgia purchased the property from Mr. Charles J. Thurmond and Mr. H. W. Wallis in 1969 for the sum of $10; and
WHEREAS, the property was donated for the construction of a Mental Health Hospital which was never constructed; and
WHEREAS, Mr. Thurmond and the Estate of Mr. Wallis are desirous of obtaining all of said real property; and
WHEREAS, the above-described real property is no longer needed by the Department of Human Resources or the State of Georgia and is therefore surplus.

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NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That the State of Georgia is the owner of the abovedescribed real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through the State Properties Commission.
Section 2. That the above-described real property shall be sold and conveyed by appropriate instrument to Mr. Charles J. Thurmond and the Gainesville National Bank as Trustee under the will of Mr. H. W. Wallis, deceased, by the State of Georgia, acting by and through the State Properties Commission, for a consideration of ten dollars ($10) and upon such further conditions and provisions as directed by the State Properties Commission.
Section 3. That for purposes of compliance with the provisions of Code Section 91-403A(b)(4) requiring that a conveyance of real property by the State be filed with the Secretary of State and accompanied by a plat of the property conveyed, the plat of the property, the conveyance of which is authorized by this Resolution, currently on file with the Department of Human Resources shall constitute an acceptable plat for filing with the Secretary of State.
Section 4. That this Resolution shall become effective upon its approval by the Governor or upon its becoming law without his approval, and in accordance with the provisions hereof.
Section 5. That the Resolution authorizing the conveyance of certain State-owned real property located in Hall County and for other purposes, approved April 11, 1979 (Ga. Laws 1979, p. 563), is hereby repealed in its entirety.
Section 6. That all laws and parts of laws in conflict with this Resolution are hereby repealed.
Approved March 21, 1980.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

LAND CONVEYANCE TO TIFT COUNTY DEVELOPMENT AUTHORITY.
No. 96 (House Resolution No. 542-1416).
A RESOLUTION
Authorizing the conveyance of certain State-owned real property located in Tift County; to repeal conflicting laws; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain real property located within Tift County, Georgia; and
WHEREAS, the said real property, now administered by the Georgia Forestry Commission, comprises approximately .987 of one acre, and is more particularly described as follows:
"All that tract or parcel of land lying and being in Land Lot Number Three Hundred Eighty-one (381), in the Sixth (6th) District of Tift County, Georgia, described as follows:
"To obtain a point of beginning start at the center of the intersection of the GS&F Railroad and Southwell Drive and run eastward (along the center of such Drive) 1726.7 feet and thence southward (at a right angle to the center-line of such Drive) 40 feet to the south margin of such Drive; and south 01 degrees 45 minutes east 590.2 feet to the northeast corner of the tract hereby conveyed; thence south 01 degrees 45 minutes east 200 feet; thence south 88 degrees 15 minutes west 215 feet; thence north 01 degrees 45 minutes west 200 feet; thence north 88 degrees 15 minutes east 215 feet to the point of beginning, as shown upon a plat of survey thereof prepared by E. J. Conoly, Reg. Sur., October 26, 1968, recorded in Plat Book 6 on Page 162 in the office of the clerk of Tift Superior Court, to the record of which reference is hereby made.";
and
WHEREAS, the State of Georgia purchased the property from the Tift County Development Authority in 1968 for the sum of $1 and other valuable consideration; and

GEORGIA LAWS 1980 SESSION

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WHEREAS, the Georgia Forestry Commission has used such property since 1968 for public purposes; and
WHEREAS, the Tift County Development Authority is desirous of obtaining all of the said real property; and
WHEREAS, the above-described real property is no longer needed by the Georgia Forestry Commission or the State of Georgia and is therefore surplus.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That the State of Georgia is the owner of the abovedescribed real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through the State Properties Commission.
Section 2. That the above-described real property shall be sold and conveyed by appropriate instrument to the Tift County Development Authority by the State of Georgia, acting by and through the State Properties Commission, for a consideration of one dollar ($1) and upon such further conditions and provisions as directed by the State Properties Commission.
Section 3. That, for purposes of compliance with the provisions of Code Section 91-403A(b)(4) requiring that a conveyance of real property by the State be filed with the Secretary of State and accompanied by a plat of the property conveyed, the plat of the property, the conveyance of which is authorized by this Resolution, currently on file with the Georgia Forestry Commission shall constitute an acceptable plat for filing with the Secretary of State.
Section 4. That this Resolution shall become effective upon its approval by the Governor or upon its becoming law without his approval, and in accordance with the provisions hereof.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

Section 5. That all laws and parts of laws in conflict with this Resolution are hereby repealed.
Approved March 21, 1980.

LAND CONVEYANCE TO TOM S. FISHER.
No. 97 (House Resolution No. 549-1427).
A RESOLUTION
Authorizing the State Properties Commission on behalf of the State of Georgia to convey certain State-owned real property located in Chattooga County, Georgia to Tom S. Fisher, and the acceptance of certain property owned by Tom S. Fisher, located in Chattooga County, Georgia; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain real property located in Chattooga County, Georgia, now administered by the State Department of Natural Resources, being more particularly described as follows:
"All that tract of land situated, lying and being in Land Lot 106 of the 13th District, 4th Section, Chattooga County, Georgia, and being more particularly described as follows:
To locate the POINT OF BEGINNING, begin at a point formed by the intersection of the southerly right-of-way line of Georgia State Route #48 and the easterly right-of-way line of Perrennial Road; thence proceeding southerly along the meandering of the easterly right-of-way line of Perrennial Road 1,079.4 feet to a point; thence proceeding S 13 18 W, 190.5 feet to a point; thence proceeding S 10 38 W, 113.3 feet to a Georgia Department of Natural Resources monument stamped corner #13; thence leaving said road right-of-way line and proceeding S 48 27 E, 175.5 feet to a Georgia Department of Natural Resources monument stamped

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corner #12; thence proceeding S 81 52 E, 241.56 feet to a Georgia Department of Natural Resources monument stamped corner #11; thence proceeding S 71 14 E, 169.54 feet to a Georgia Department of Natural Resources monument stamped corner #10; thence proceeding S 36 08 E, 191.8 feet to a Georgia Department of Natural Resources monument stamped corner #9 which is the POINT OF BEGINNING; thence proceeding S 36 08 E, 245.68 feet to a Georgia Department of Natural Resources monument stamped corner #8; thence proceeding N 88 55 W, 133.94 feet to an angle iron set; thence proceeding N 3 12 W, 196.2 feet to the POINT OF BEGINNING.
Said parcel marked as Tract #2, containing 0.30 acre, is more particularly shown by plat of survey for the Georgia Department of Natural Resources dated December 4, 1979, prepared by Charles D. Wardlaw, Registered Surveyor"; and on file with the Department of Natural Resources, and
WHEREAS, Tom S. Fisher is the owner of certain real property located in Chattooga County, Georgia, being more particularly described as follows:
"All that tract of land situated, lying and being in Land Lot 106 of the 13th District, 4th Section, Chattooga County, Georgia, and being more particularly described as follows:
To locate the POINT OF BEGINNING, begin at a point formed by the intersection of the southerly right-of-way line of Georgia State Route #48 and the easterly right-of-way line of Perrennial Road; thence proceeding southerly along the meandering of the easterly right-of-way line of Perrennial Road 1,079.4 feet to a point; thence proceeding S 13 18 W, 190.5 feet to a point; thence proceeding S 10 38 W, 113.3 feet to a Georgia Department of Natural Resources monument stamped corner #13; thence leaving said road right-of-way line and proceeding S 48 27 E, 175.5 feet to a Georgia Department of Natural Resources monument stamped corner #12 which is the POINT OF BEGINNING: thence proceeding S 81 52 E, 241.56 feet to a Georgia Department of Natural Resources monument stamped corner #11; thence proceeding S 71 14 E, 169.54 feet to a Georgia Department of Natural Resources monument stamped corner #10; thence proceeding N 36 08 W, 72.3 feet to a 2 1/2 inch aluminum pipe designated as corner #12 b;

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GENERAL ACTS AND RESOLUTIONS, VOL. I

thence proceeding N 73 45 W, 200.0 feet to a 2 1/2 inch aluminum pipe designated as corner #12 a; thence proceeding S 81 10W, 167.0 feet to the POINT OF BEGINNING.
Said parcel marked as Tract #1, containing 0.30 acre, is more particularly shown by plat of survey for the Georgia Department of Natural Resources dated December 4, 1979, prepared by Charles D. Wardlaw, Registered Surveyor."; and on file with the Department of Natural Resources, and
WHEREAS, the State of Georgia is desirous of obtaining all of the above described property owned by Tom S. Fisher for a needed buffer at the main water supply and waterway of the Summerville Fish Hatchery; and
WHEREAS, Tom S. Fisher is desirous of obtaining the above described property owned by the State because he inadvertently constructed a farm pond dam on the site; and
WHEREAS, the exchange of said property by and between the State of Georgia and Tom S. Fisher would be in the public interest.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA:
Section 1. That the State of Georgia is the owner of the above described real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through the State Properties Commission.
Section 2. That the State Properties Commission is hereby authorized and empowered to convey by appropriate instrument all or any part of the hereinabove described State owned property to Tom S. Fisher and to accept in consideration therefor, from Tom S. Fisher, a conveyance in fee simple of all or any part of the hereinabove described Tom S. Fisher owned property, as may be mutually agreed upon by the State Properties Commission, the Department of Natural Resources, and Tom S. Fisher.
Section 3. That plats of survey and legal descriptions of the parcels involved in the exchange be prepared and submitted to the State Properties Commission prior to the consummation of the

GEORGIA LAWS 1980 SESSION

799

exchange and that any other documents as may be required, and any and all other terms, conditions, and agreements relating to the exchange of properties be negotiated by and between the State Properties Commission, the Department of Natural Resources, and Tom S. Fisher or his representative.
Section 4. That for the purposes of compliance with the provisions of Code Section 91-403A(b) (4) requiring that a conveyance of real property by the State be filed with the Secretary of State and accompanied by a plat of the property conveyed, the plat of the property, the conveyance of which is authorized by this Resolution, currently on file with the Department of Natural Resources shall constitute an acceptable plat for filing with the Secretary of State.
Section 5. That this Resolution shall become effective upon its approval by the Governor or upon its otherwise becoming law without his approval, and in accordance with the provisions hereof.
Section 6. That all laws and parts of laws in conflict with this Resolution are hereby repealed.
Approved March 21, 1980.

LAND CONVEYANCE IN HENRY COUNTY.
No. 99 (House Resolution No. 576-1539).
A RESOLUTION
Authorizing the conveyance by the State of Georgia acting by and through the State Properties Commission, of certain Stateowned real property located in Henry County; and for other purposes.
WHEREAS- the State of Georgia is the owner of certain real property located within Henry County, Georgia, and comprising approximately 80 acres, more or less, which real property is more particularly described as follows;

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GENERAL ACTS AND RESOLUTIONS, VOL. I

"All that tract or parcel of land situate, lying and being in Land Lots 157, 163 and 164 of the Seventh Land District of Henry County, Georgia, containing 80.00 acres and being more specifically shown and designated as Tract `A' and Tract `B' on that certain plat of survey entitled `Plat of Boundary Line Survey-William Henry Simpson et al' prepared by Kenneth E. Presley Associates, Inc., more particularly Kenneth E. Presley, Georgia Registered Land Surveyor No. 1327 on June 13, 1978, a copy of said plat being recorded in Plat Book 7, page 96 in the office of the Clerk of the Superior Court of Henry County, Georgia, which said plat is incorporated in and made a part of this description by reference.

"From said plat, said property may be more particularly described as follows: TO LOCATE THE REAL POINT OF BEGINNING, begin at an iron pin located on the northeasterly right-of-way of the By-Pass Road, which said iron pin is located at a point where the southerly margin of Land Lot 163 of the Seventh Land District of Henry County, Georgia, intersects the northeasterly right-of-way of the By-Pass Road; thence North 88 degrees 29 minutes East a distance of 793.6 feet to an iron pin; thence North 89 degrees 59 minutes East a distance of 583.5 feet to an iron pin; thence North 9 degrees 59 minutes East a distance of 812.29 feet to an iron pin and the Real POINT OF BEGINNING; thence from said real point of beginning South 89 degrees 01 minutes East a distance of 1980.37 feet to the centerline of Camp Creek; thence in a generally northerly direction along the centerline of Camp Creek the following courses and distances, North 34 degrees 42 minutes 06 seconds West a distance of 263.56 feet to a point, North 03 degrees 13 minutes 27 seconds East a distance of 148.86 feet to a point, North 17 degrees 30 minutes 06 seconds West a distance of 278.4 feet to a point, North 26 degrees 13 minutes 25 seconds West a distance of 101.35 feet to a point, North 19 degrees 05 minutes 13 seconds West a distance of 145.19 feet to a point, North 10 degrees 56 minutes 52 seconds West a distance of 688.34 feet to a point, North 10 degrees 56 minutes 35 seconds West a distance of 589.96 feet to a point, North 12 degrees 47 minutes 24 seconds West a

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distance of 282.98 feet to a point located on the southerly right-of-way of State Route No. 20, which said point is the point of intersection of the centerline of Camp Creek with the southerly right-of-way of State Route No. 20; thence South 68 degrees 13 minutes 48 seconds West a distance of 260.8 feet to an iron pin; thence South 14 degrees 25 minutes 52 seconds East a distance of 40.7 feet to an iron pin; thence South 84 degrees 14 minutes 08 seconds West a distance of 206.85 feet to an iron pin; thence South 77 degrees 01 minutes 55 seconds West a distance of 114.37 feet to a point; thence South 81 degrees 18 minutes 21 seconds West a distance of 171.15 feet to a point; thence South 86 degrees 11 minutes 24 seconds West a distance of 142.18 feet to a point; then South 89 degrees 59 minutes 12 seconds West a distance of 255.4 feet to an iron pin placed on the southern right-of-way of Georgia State Route No. 20; thence South 0 degrees 10 minutes West a distance of 380.7 feet to an iron pin; thence South 89 degrees 05 minutes West a distance of 210.1 feet to an iron pin; thence South 0 degrees 59 minutes West a distance of 1037.32 feet to an iron pin; thence South 0 degrees 59 minutes West a distance of 562.19 feet to an iron pin; thence South 0 degrees 59 minutes West a distance of 154.8 feet to an iron pin and the POINT of beginning.

"From said plat said property is bounded on the North by property of Hampton East Company and the southerly right-of-way of Georgia State Route No. 20; on the East by property of the Henry County Work Camp and by property of Watkins Motor Lines, Inc. et al; on the South by property of Watkins Motor Lines, Inc. et al; and on the West by property of Hampton East Company.";
and
WHEREAS, said real property, which is under the custody and control of and administered by the Department of Offender Rehabilitation, was purchased by the State of Georgia in 1978 for the sum of ONE HUNDRED AND SIXTY THOUSAND DOLLARS ($160,000.00) as a site for the construction of a Community Correctional Center; and 26

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GENERAL ACTS AND RESOLUTIONS, VOL. I

WHEREAS, the Community Correctional Center was never constructed and the real property is no longer needed by the Department of Offender Rehabilitation and therefore is surplus; and
WHEREAS, said real property has recently been appraised for the State of Georgia as having a value of TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500.00) per acre;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA:
Section 1. That the State of Georgia is the owner of the abovedescribed real property and that said real property is surplus.
Section 2. That the State of Georgia, acting by and through the State Properties Commission, is hereby authorized and empowered to sell, for not less than TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500.00) per acre, any or all of said real property, to a purchaser or purchasers and upon such other terms and conditions as the State Properties Commission in its discretion shall determine to be in the best interests of the State of Georgia.
Section 3. That the State Properties Commission is hereby further authorized and empowered to do all acts and things necessary and proper to effect the conveyance of any or all of said real property.
Section 4. That this Resolution shall become effective as law immediately upon its approval by the Governor of the State of Georgia or upon its becoming law without his approval.
Approved March 21, 1980.

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LAND CONVEYANCE IN CITY OF MACON.
No. 101 (House Resolution No. 727-1743).
A RESOLUTION
Authorizing the conveyance of certain State-owned property located in the City of Macon, Bibb County, Georgia; and for other purposes.
WHEREAS, the State of Georgia is the owner of approximately one city block in the City of Macon, Georgia, formerly utilized by the State as a State Farmers' Market; and
WHEREAS, said property was under the custody and management of the Georgia Department of Agriculture; and
WHEREAS, the Georgia Department of Agriculture has declared this property surplus and no longer useful for its needs; and
WHEREAS, the property is currently under the custody and management of the State Properties Commission; and
WHEREAS, said real property is all that tract or parcel of land lying and being in the City of Macon, Bibb County, Georgia, and being generally described as follows:
"Bounded on the north by the right-of-way of Oglethorpe Street, on the south by the right-of-way of Hawthorne Street, on the east by the right-of-way of Fourth Street, and on the west by the right-ofway of Third Street";
and
WHEREAS, the property is no longer useful to or needed by the State of Georgia and therefore is surplus; and
WHEREAS, the 1979 General Assembly of Georgia passed a resolution authorizing the exchange of this property for other property owned by the Macon-Bibb County Urban Development Authority; and

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WHEREAS, it is the intention of the General Assembly of Georgia, as expressed herein, that said exchange, if determined by the State Properties Commission to be consistent with the best interests of the State of Georgia, be made.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA:
Section 1. That the State of Georgia is the owner of the abovedescribed property and that in all matters relating to the conveyance of the property the State of Georgia is acting by and through the State Properties Commission.
Section 2. That the State Properties Commission is hereby authorized to convey any or all of the above-described property, by sale for a consideration not less than the fair market value to a purchaser or purchasers or by an exchange for property of substantially equal value, upon such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
Section 3. That the State Properties Commission is hereby authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
Section 4. That this Resolution shall become effective as law immediately upon its approval by the Governor or upon its becoming law without his approval.
Section 5. That all laws and parts of laws in conflict with this Resolution are hereby repealed.
Approved March 21, 1980.

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REVENUE - EXEMPTION FROM SALES AND USE TAX ACT.
Code Section 91A-4503 Amended.
No. 1045 {House Bill No. 1564).
AN ACT
To amend Code Section 91A-4503, relating to exemptions from sales and use taxation, so as to exempt paper stock intended to be used for certain purposes; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 91A-4503, relating to exemptions from sales and use taxation, is hereby amended by adding a new subsection at the end thereof, to be designated subsection (rr), to read as follows:
"(rr) The sale, use, storage, or consumption of paper stock which is manufactured in this State into catalogs intended to be delivered outside of this State for use outside of this State."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 21, 1980.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

DEVELOPMENT AUTHORITIES LAW AMENDED - PER DIEM ALLOWANCE IN CERTAIN COUNTIES (550,000 OR MORE).
No. 1048 (House Bill No. 1424).
AN ACT
To amend an Act approved March 28, 1969, known as the "Development Authorities Law," (Ga. Laws 1969, p. 137), as amended, so as to provide for a per diem allowance for directors of development authorities in certain counties; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act approved March 28, 1969, and known as the "Development Authorities Law," (Ga. Laws 1969, p. 137), as amended, is further amended by inserting in Section 3 thereof following the words "the performance of their duties" the words:
"Provided, however, the Directors of the Development Authority activated by counties having a population of 550,000, or more, according to the 1970 United States census, or any future such census, shall be paid a per diem allowance to be determined by the governing authority of such counties for each day, or part thereof, spent in the performance of their duties.",
so that said Section 3 as amended hereby shall read as follows:
"Section 3. The Directors shall be taxpayers residing in the county or municipal corporation for which the Authority is created, and their successors shall be appointed as provided by the above mentioned resolution. No director shall be an officer or employee of the county or municipal corporation. The directors shall elect one of their members as chairman and another as vice chairman and shall also elect a secretary and a treasurer or a secretary-treasurer, either of whom may but need not be a director. The directors shall receive no compensation for their services, but shall be reimbursed for their actual expenses incurred in the performance of their duties. Provided, however, the Directors of the Development Authority activated by counties having a population of 550,000, or more, accord-

GEORGIA LAWS 1980 SESSION

807

ing to the 1970 United States census, or any future such census, shall be paid a per diem allowance to be determined by the governing authority of such counties for each day, or part thereof, spent in the performance of their duties. The Authority may make by-laws and regulations for its government and may delegate to one or more of its officers, agents and employees such powers and duties as may be deemed necessary and proper. Such Authority shall have perpetual existence as hereinafter provided."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 21, 1980.

SILVER-HAIRED LEGISLATURE CREATED.
No. 102 (Senate Resolution No. 264).
A RESOLUTION
Creating the Silver-Haired Legislature; and for other purposes.
WHEREAS, at least 670,000 of the citizens of the State of Georgia are 60 years of age or older; and
WHEREAS, a number of these older persons and their families are unable to respond to their many and special needs; and
WHEREAS, the State of Georgia wishes to foster independent growth, self-care, and dignity among its older citizens; and
WHEREAS, these older citizens need and are entitled to a special forum in which to voice their needs and concerns over matters affecting them and future generations of older Georgians; and

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GENERAL ACTS AND RESOLUTIONS, VOL. I

WHEREAS, duly elected members of the first Silver-Haired Legislature, convened prior to the 1980 session of the General Assembly of Georgia, performed in a highly professional manner in executing their legislative responsibilities and thereby expressed the special needs and interest of all older Georgians in a most articulate and responsible fashion.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Georgia SilverHaired Legislature. Its members shall be of age 60 or over and shall be duly selected pursuant to procedures developed by the Department of Human Resources in coordination with the State's network of aging programs. The Silver-Haired Legislature is hereby authorized to meet every other year at the State Capitol at an appropriate time prior to the convening of the General Assembly of Georgia. The Silver-Haired Legislature is hereby authorized to adopt bylaws to govern its internal procedures and said body is hereby authorized to adopt such measures as it deems appropriate to present to the General Assembly of Georgia for consideration.
Approved March 24, 1980.

LAND CONVEYANCE IN BALDWIN COUNTY.
No. 103 (Senate Resolution No. 265).
A RESOLUTION
Authorizing the conveyance of certain real property located in Baldwin County, Georgia; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain real property located in Baldwin County, Georgia; and
WHEREAS, said real property is known as and is more particularly described as follows:

GEORGIA LAWS 1980 SESSION

809

"All that certain tract or parcel of land situate, lying and being in the 319th District, G.M., Baldwin County, Georgia, containing 55.33 acres, and being more fully described by reference to a plat made from a survey by Walker McKnight Surveyors, Inc. in January, 1980, entitled `Survey of Property for Paumanock Development Corporation,' and including therein a swampy area along Fishing Creek and two branches shown as `Low Area + 11.4 Acres' on said plat, a borrow pit shown as `Excavated Area + 5.8 acres' on said plat, and the cliffs and high knoll surround the said excavated area; said entire tract being bounded as follows; Beginning at a point on the southeastern property line of the present Milledgeville-Macon Highway, now known as `Georgia Highway 22,' which point is a common corner to lands of Grumman Aerospace Corp. and the lands here described, and is marked by an iron pin set on the centerline of Fishing Creek; thence from said point of beginning proceeding along the southeastern property line of said Milledgeville-Macon Highway South 59 degrees 23 minutes West for a distance of 1493.7 feet; thence proceeding along the property line of other lands retained by the State of Georgia, South 56 degrees 58 minutes 14 seconds East for a distance of 458.4 feet; thence South 60 degrees 57 minutes 35 seconds East for a distance of 1038.2 feet; thence South 60 degrees 53 minutes 24 seconds East for a distance of 514.4 feet to a point on the northwestern property line of the right-of-way of the Central of Georgia Railroad; thence proceeding along said northwestern property line of the right-of-way of the Central of Georgia Railroad North 58 degrees 53 minutes 25 seconds East for a distance of 1097.8 feet to a point on the centerline of Fishing Creek; thence proceeding upstream along the meandering centerline of Fishing Creek and along the property line of lands of Grumman Aerospace Corp. through points which are North 35 degrees 50 minutes 43 seconds west a distance of 453.1 feet; thence north 49 degrees 32 minutes 05 seconds West a distance of 433.0 feet; thence North 55 degrees 33 minutes 38 seconds West a distance of 971.6 feet to the point of beginning.";
and
WHEREAS, the above-described real property is no longer needed by the State of Georgia and is, therefore, surplus; and
WHEREAS, Grumman Aerospace Corporation is desirous of obtaining said tract of land for the purpose of expanding its existing manufacturing and operating facilities; and

810

GENERAL ACTS AND RESOLUTIONS, VOL. I

WHEREAS, if Grumman Aerospace Corporation cannot obtain such property for the expansion of its facilities, it might be forced to locate elsewhere, probably out West, thereby hurting the economy of the area.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Properties Commission, by its chairman, the Governor, acting for and on behalf of and in the name of the State of Georgia, is hereby authorized to convey in fee simple, by appropriate instrument, the hereinabove described state owned real property, subject to the following stipulations:
(1) That said real property shall be conveyed to Grumman Aerospace Corporation for a consideration not less than the fair market value; and
(2) That the conveyance of said real property shall be upon such other terms and conditions as shall be prescribed by the State Properties Commission.
Approved March 24, 1980.

EASEMENTS OVER STATE OWNED LAND IN COLQUITT COUNTY.
No. 105 (Senate Resolution No. 289).
A RESOLUTION
Authorizing the State Properties Commission on behalf of the State of Georgia to convey to landowners whose property abuts certain State of Georgia owned property and their adjoining landowners an easement for ingress and egress to their property; and for other purposes.
WHEREAS, Mr. E. J. Riddle, Mrs. Harriet Frederick Moore, and Mrs. Jane I. Frederick Hearn are owners of certain real property in

GEORGIA LAWS 1980 SESSION

811

Colquitt County, Georgia, which abuts Reed Bingham State Park; and
WHEREAS, Mr. Roy N. Miller, Mr. Davis E. Healan, Mr. Bruce J. Ross, Mr. Frank Ross, and Mr. Robert S. Lyons are the owners of certain real property which abuts the above-mentioned Riddle, Moore, and Hearn property; and
WHEREAS, the northernmost portion of said State Park is divided by a road known as Roundtree Bridge Road; and
WHEREAS, the above-mentioned property owners are denied access to said road by a strip of State-owned land of approximately one hundred feet in width; and
WHEREAS, the State of Georgia considers the granting of a permanent easement to the above-mentioned property owners as a reasonable means for providing access to the above-mentioned road; and
WHEREAS, the granting of this easement will not interfere with the administration and management of said park.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA:
Section 1. That the State of Georgia is the owner of the servient estate and that in all matters relating to the granting of an easement the State of Georgia is acting by and through the State Properties Commission.
Section 2. That an easement be granted to landowners whose property abuts the State of Georgia's property located in Colquitt County, Georgia, and Reed Bingham State Park and their adjoining landowners by the State of Georgia, acting by and through the State Properties Commission, for a consideration of ten dollars ($10) and upon such further terms, conditions and provisions as directed by the State Properties Commission and the State Properties Commission is hereby authorized and empowered to do all necessary acts to effect such easement.

812

GENERAL ACTS AND RESOLUTIONS, VOL. I

Section 3. That the easement granted by the State of Georgia shall be for the purpose of ingress to and egress from the dominant tenement and said easement shall revert to the State of Georgia should the property be used for any other purpose or should ingress or egress be provided at some other location.
Section 4. That said easement shall be approximately thirty (30) feet in width and one hundred (100) feet in length, the exact dimensions and locations of which to be determined by a survey provided by the owners of the dominant tenement and subject to the approval of the Commissioner of the Department of Natural Resources and the State Properties Commission.
Section 5. That this resolution shall become effective as law immediately upon approval by the Governor of the State of Georgia and in accordance with the provisions hereof.
Approved March 24, 1980.

GEORGIA ENERGY REGULATORY REFORM COMMISSION.
No. 106 (Senate Resolution No. 294).
A RESOLUTION
Creating the Georgia Energy Regulatory Reform Commission; and for other purposes.
WHEREAS, runaway increases in the costs of fossil fuels, when coupled with the extraordinary rises in costs for all other commodities brought about by general inflation, have acutely focused the attention of all Georgians upon the availability of and prices charged for our energy sources; and
WHEREAS, this intensified awareness of the problems related to our energy sources has also brought into question the continued viability of our current system for regulation of public utilities, as

GEORGIA LAWS 1980 SESSION

813

well as the credibility not only of our state administrative structure, but also of many of the utilities upon which we rely from day to day; and
WHEREAS, it is vitally important to this state that our law provide for the regulation of public utilities in such a manner that the continued and reasonable viability of our public utilities is balanced with the needs of our state's citizens for reliable and reasonably priced energy sources; and
WHEREAS, the time has come for a complete in-depth review of all matters related to the regulation of public utilities, the operations of public utilities, and the problems of insuring reliable and reasonably priced energy sources; and
WHEREAS, on numerous occasions in the past, this state has been well served by the creation of a special study commission, composed of respected and knowledgeable citizens of this state, to study and recommend solutions to problems requiring thorough examination and innovative solutions; and
WHEREAS, it is only fitting and proper that such a commission be created to review our state's regulatory framework for, and the operation of, public utilities so as to recommend needed reform and improvement.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA;
Section 1. (a) There is hereby created the Georgia Energy Regulatory Reform Commission;
(b) The commission shall be composed of 15 members as follows:
(1) Five members appointed by the Governor.
(2) The five members of the Senate, appointed by the President of the Senate.
(3) Five members of the House appointed by the Speaker of the House of Representatives.

814

GENERAL ACTS AND RESOLUTIONS, VOL. I

(c) Each member appointed to the commission shall be a citizen of this state who is generally recognized to be knowledgeable in the fields of energy or utility regulation or in related fields.
(d) Any vacancy on the commission shall be filled in the same manner as the original appointment.
Section 2. The commission shall conduct a comprehensive and exhaustive study of all laws of this state relating to the development and supply of energy sources and the regulation of public utilities and shall also study the operations of public utilities in this state. The study shall be made with a view toward improvements in Georgia law necessary for the continued reliability and availability of energy sources for residents of this state at a reasonable and affordable cost, while insuring the continued viability and efficiency of Georgia's public utilities.
Section 3. The commission shall elect a chairman from among its membership. The first meeting of the commission shall be upon the call of the Governor. Thereafter, the commission shall meet upon the call of the chairman.
Section 4. The commission may request and, upon such request, shall be afforded the assistance and cooperation of the Georgia Public Service Commission, the Department of Law, the State University System of Georgia, and each other agency or institution of the state.
Section 5. All members of the commission shall receive the allowances authorized by law for legislative members of interim legislative committees. All funds necessary to carry out the provisions of this Resolution shall come from the funds appropriated to or otherwise available to the legislative branch of government. The committee will meet for a period of 10 days only.
Section 6. The commission shall make its findings and complete its work as expeditiously as possible and shall make a comprehensive report of its findings, recommendations, and suggestions for proposed legislation to the 1981 Session of the General Assembly and shall stand abolished thereafter.

GEORGIA LAWS 1980 SESSION

815

Section 7. This Resolution shall become effective upon its approval by the Governor or upon its becoming law without his approval. Appointments to the commission shall be made as provided in this Resolution as soon as practicable after its approval or otherwise becoming a law.
Approved March 24, 1980.

CONVEYANCE OF LAND IN MERIWETHER COUNTY.
No. 107 (Senate Resolution No. 339).
A RESOLUTION
Authorizing and empowering the State Properties Commission, acting in the best interests of the State of Georgia and for and on behalf of and in the name of the State of Georgia, to sell and/or lease certain State-owned property located in Meriwether County, Georgia; and for other purposes.
WHEREAS, in July 1974 the State of Georgia acquired from the Georgia Warm Springs Foundation title to approximately 939 acres of improved real property together with certain personal property and the thermal springs located thereon (said properties hereinabove in the title and hereinafter in the WHEREAS clauses of this Resolution being referred to as the "Property") in Meriwether County, Georgia; and
WHEREAS, the present custody and control of the Property is in the State Department of Human Resources; and
WHEREAS, at the time of said acquisition, certain writings pertaining to the use to be made of the Property by the State were either entered into between the State and the Foundation or accepted by the State; and

816

GENERAL ACTS AND RESOLUTIONS, VOL. I

WHEREAS, a business entity from the private sector of the economy has expressed an interest in acquiring, developing, and operating its business on a portion of the Property; and
WHEREAS, it would be beneficial to the State as a whole, and in particular to the region of and surrounding Meriwether County, if such a business entity were to locate and operate its business in said region of the State; and
WHEREAS, in the best interests of the State, it may be necessary, regarding the Property, that certain property transactions be negotiated and consummated before the 1981 regular session of the General Assembly of Georgia convenes; and
WHEREAS, the power to deal with and to dispose of Stateowned property is vested in the General Assembly of Georgia; and
WHEREAS, the General Assembly of Georgia may delegate, and has heretofore delegated, by virtue of Acts and Resolutions of the General Assembly, to certain State officials, departments, agencies, commissions, and boards so much of its aforementioned power to deal with and to dispose of State-owned property as the General Assembly in its wisdom has deemed necessary and appropriate under the circumstances in each instance; and
WHEREAS, past experience and a proven performance record have demonstrated to the General Assembly of Georgia that the State Properties Commission in its handling of State property transactions has always acted in the best interests of the State; and
WHEREAS, in present, as well as in many past, property transactions the Commission has been authorized or directed by the General Assembly of Georgia to act for and on behalf of and in the name of the State; and
WHEREAS, it is the judgment of the General Assembly that the staff and the members of the State Properties Commission possess such expertise as to enable the Commission to act for and on behalf of and in the name of the State of Georgia in the negotiation and consummation of a written contract with the Foundation pertaining to the present and future use to be made of the Property by the State and of the sale and/or lease of a portion of the Property.

GEORGIA LAWS 1980 SESSION

817

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. It is not the intent of the General Assembly of Georgia that the language contained and used in the above WHEREAS clauses be construed to be self-serving or precatory. To the contrary, it is the intent of the General Assembly of Georgia that said language be construed as being necessary, descriptive, determinative, factual, commanding, and where applicable, directive.
Section 2. That when the following words appear in this Resolution, they shall have the meaning or usage hereafter respectfully ascribed to them:
A. The word "State" shall mean the State of Georgia; and
B. The word "Foundation" shall mean the Georgia Warm Springs Foundation; and
C. The word "Property" shall mean the State-owned property identified above in the first WHEREAS clause of this Resolution. The said Property is further identified in the Real Property Division of the Secretary of State's office as file or record number 5881; and
D. The words "State agency" shall mean the same as those words are defined and used in Section 91-102a.(c) of Code Chapter 91-1A of the Code of Georgia; Ga. Laws 1975, p. 1094; and elsewhere in the State Properties Code; and
E. The word "Commission" shall mean the State Properties Commission created in Section 91-104a.(a) of Code Chapter 91-1A of the Code of Georgia; Ga. Laws 1975, p. 1096; and used in the State Properties Code; and
F. The word "Person" shall mean the same as that word is defined and used in Section 91-102a.(i) of Code Chapter 91-1A of the Code of Georgia; Ga. Laws 1975, p. 1095; and elsewhere in the State Properties Code.
Section 3. That the State Properties Commission, acting in the best interests of the State of Georgia and for and on behalf of and in the name of the State of Georgia, is hereby authorized and empow-

818

GENERAL ACTS AND RESOLUTIONS, VOL. I

ered to negotiate, enter into and consummate a written contract with the Foundation pertaining to the present and future use to be made of the Property by the State, and, without the necessity of prior public competitive bidding, to negotiate, enter into, and consummate written contracts with any Person to sell and/or lease to said Person a portion of the Property. It is implied within the authority and power hereinabove in this Section granted to the State Properties Commission that the Commission shall determine all of the prerequisite requirements of entering into said contracts as well as all of the terms, conditions, and other provisions the Commission desires to include or shall negotiate to have included within said contracts.
Section 4. That the form of execution by the State Properties Commission of any contract negotiated and entered into pursuant to Section 3 of this Resolution or any legal instrument utilized by the Commission in the consummation of any such contract shall be as follows:
STATE OF GEORGIA Acting By and Through The State Properties Commission

Signed, sealed and delivered (as to both the Governor as Chairman and the Secretary of State as Secretary) in the presence of:
Witness
Notary Public
My Commission Expires

By: ; 1

:T .(Seal)

Name:

Title: Governor As Chairman Of

The State Properties

Commission

Attest: ; f

' (Seal)

Name:

Title: Secretary Of State As

Secretary of the State

Properties Commission

(Commission Seal)

(State Seal)

GEORGIA LAWS 1980 SESSION

819

(Notary Public Seal Impressed Here).
Section 5. That this Resolution shall become effective immediately upon its approval by the Governor or upon its becoming law without his approval.
Approved March 24, 1980.

JOINT CHILD ABUSE STUDY COMMITTEE.
No. 108 (Senate Resolution No. 358).
A RESOLUTION
Creating the Joint Child Abuse Study Committee; and for other purposes.
WHEREAS, child abuse and neglect are community concerns and they occur at all economic levels; and
WHEREAS, the General Assembly through the years has passed legislation requiring reporting of child abuse by physicians, hospital staffs, law enforcement personnel, school officials, and legally mandated public or private child protective agencies; and
WHEREAS, the Child Abuse Central Registry has recently published physical and sexual abuse trends for 1976, 1977, and 1978 which show an increase in cases; and
WHEREAS, in the past, a joint Senate-House study committee on troubled children was successful in highlighting many programs, but child abuse was not included because child abuse was not as evident as it is now.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the Joint Child Abuse Study Committee to be composed of four members of

820

GENERAL ACTS AND RESOLUTIONS, VOL. I

the Senate and two citizens at-large to be appointed by the President of the Senate and four members of the House of Representatives and two citizens at-large to be appointed by the Speaker. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees. The committee shall receive the same for not more than ten days. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to or available to the legislative branch of government. The committee shall make a report of its findings and recommendations, with suggestions for proposed legislation, if any, to the 1981 session of the General Assembly of Georgia, at which time the committee shall stand abolished.
Approved March 24, 1980.

GEORGIA ADMINISTRATIVE PROCEDURE ACT AMENDED.
No. 1056 (House Bill No. 40).
AN ACT
To amend an Act known as the Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended, particularly by an Act approved March 11, 1977 (Ga. Laws 1977, p. 316), and an Act approved April 3, 1978 (Ga. Laws 1978, p. 1362), so as to provide that in contested cases involving a license to practice either medicine or dentistry a stay in enforcement of an agency decision may be granted or ordered only if the agency or the court makes certain findings; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia;

GEORGIA LAWS 1980 SESSION

821

Section 1. An Act known as the Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended, particularly by an Act approved March 11, 1977 (Ga. Laws 1977, p. 316), and an Act approved April 3, 1978 (Ga. Laws 1978, p. 1362), is hereby amended by striking in its entirety subsection (d) of Section 20, which reads as follows:
"(d) The filing of the petition does not itself stay enforcement of the agency decision. Except as otherwise provided in this subsection, the agency may grant, or the reviewing court may order, a stay upon appropriate terms upon good cause shown. In contested cases involving a license to practice medicine or a license to practice dentistry in this State, a reviewing court may order a stay only if it makes a finding that the public health, safety and welfare will not be harmed by the issuance of the stay.",
and inserting in lieu thereof a new subsection (d), to read as follows:
"(d) The filing of the petition does not itself stay enforcement of the agency decision. Except as otherwise provided in this subsection, the agency may grant, or the reviewing court may order, a stay upon appropriate terms upon good cause shown. In contested cases involving a license to practice medicine or a license to practice dentistry in this State, a reviewing court may order a stay or an agency may grant a stay only if such court or agency makes a finding that the public health, safety, and welfare will not be harmed by the issuance of the stay."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 24, 1980.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

LIENS ON PERSONAL PROPERTY - FORECLOSURE PROCEDURE.
Code Chapter 67-24 Amended.
No. 1057 (House Bill No. 476).
AN ACT
To amend Code Chapter 67-24, relating to liens on personal property, so as to change the procedures required for foreclosure; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Chapter 67-24, relating to liens on personal property, is hereby amended by striking in its entirety Code Section 67-2401, relating to manner of foreclosure, and inserting in lieu thereof a new Code Section 67-2401 to read as follows:
"67-2401. Manner of foreclosure.--Liens on personal property, other than mortgages, when not otherwise provided, shall be foreclosed in accordance with the following provisions:
1. There shall be a demand on the owner, agent, or lessee of the property for payment, and a refusal to pay, and such demand and refusal shall be averred. If, however, no such demand can be made,.; on account of the absence from the county of his residence of the party creating the lien on personal property, by reason of removal or absconding from the same, or other acts showing an intention to be absent to defeat such demand, the party holding such lien shall not be obliged to make a demand but may foreclose without such demand. Provided, however, if possession is retained or the lien recorded, the owner-debtor may contest the validity of the amount claimed to be due by making written demand upon the lienholder. If upon receipt of such demand the lienholder fails to institute foreclosure proceedings within ten days where possession has been retained, or within thirty days where possession has been surrendered, the lien is forfeited.
2. A person asserting the lien, either for himself or as a guardian, administrator, executor, or trustee, may move to foreclose same

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by making an affidavit to a court of competent jurisdiction showing all the facts necessary to constitute a lien and the amount claimed to be due. The plaintiff shall verify the statement by oath or affirmation and shall affix his signature thereto.
3. Upon such affidavit being filed, the clerk or a judge of the court shall serve notice upon the owner, recorded lienholders and lessee of the property of a right to a hearing to determine if reasonable cause exists to believe that a valid debt exists; that said hearing must be petitioned for within five days after receipt of such notice; and that if no petition for such hearing is filed within the time allowed, the lien will conclusively be deemed a valid one and foreclosure thereof allowed.
4. If a petition for a hearing is filed within the time allowed, the court shall set such a hearing within ten days of filing of the petition. If, at the probable cause hearing, the court determines that reasonable cause exists to believe that a valid debt exists, then the person asserting the lien shall be given possession of the property or the court shall obtain possession of the property, as ordered by the court. The owner-debtor may retain possession of the property by giving bond and security in the amount determined to be probably due and costs of the action.
5. Within five days of the probable cause hearing, the person defendant must petition the court for a full hearing on the validity of the debt if a further determination of the validity of the debt is desired. If no such petition is filed, the lien on the amount determined reasonably due shall conclusively be deemed a valid one and foreclosure thereof allowed. If such a petition is filed, the court shall set a full hearing thereon within thirty days of the filing of the petition. Upon the filing of such petition by the person defendant, neither the prosecuting lienholder nor the court may sell the property, although possession of the property may be retained.
6. If, after a full hearing, the court finds that a valid debt exists, then the court shall authorize foreclosure upon and sale of the property subject to said lien to satisfy said debt if said debt is not otherwise immediately paid.
7. If the court finds the actions of the person asserting the lien in retaining or seeking possession of the property were not taken in

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GENERAL ACTS AND RESOLUTIONS, VOL. I

good faith, then the court, in its discretion, may award damages to the owner, agent, or lessee due to the deprivation of the use of the property.
8. Any proceeding to foreclose a lien on personal property must be instituted within one year from the time the lien is recorded or is asserted by retention."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 24, 1980.

GEORGIA MILITARY FORCES REORGANIZATION ACT OF 1955 AMENDED - LIABILITY OF MEMBERS, ETC.
No. 1058 (House Bill No. 873).
AN ACT
To amend an Act known as the "Georgia Military Forces Reorganization Act of 1955," approved February 2, 1955 (Ga. Laws 1955y p. 10), as amended, particularly by an Act approved April 2, 1969 (Ga. Laws 1969, p. 228), so as to provide that members and commanders of the militia shall not be liable for any act done in the performance of their duty; to provide that the immunity provided shall be in addition to and shall not otherwise limit immunity provided by any other provision of law; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act known as the "Georgia Military Forces Reorganization Act of 1955," approved February 2, 1955 (Ga. Laws 1955, p. 10), as amended, particularly by an Act approved April 2, 1969 (Ga. Laws 1969, p. 228), is hereby amended by strik-

GEORGIA LAWS 1980 SESSION

825

ing from Section 78 the words "Members of the militia ordered into the active service of the State" and inserting in lieu thereof the following:
"Members and commanders of the militia performing duty",
and by adding at the end of the first paragraph thereof the following:
"The immunity provided herein shall be in addition to that provided by other provisions of law and this Section shall not be construed to limit or qualify any other immunity provided members or commanders of the militia by any other provision of law.",
so that Section 78 when amended shall read as follows:
"Section 78. Relief from civil or criminal liability; exemption from civil process; security for attorney's fees. Members and commanders of the militia performing duty pursuant to the provisions of this Act shall not be liable, civilly or criminally, for any acts done by them in the performance of their duty. When an action or proceeding of any nature shall be commenced in any court by any person against any member of the militia for any act done by him in his official capacity in the discharge of any duty under this Act, or an alleged omission by him to do an act which it was his duty to perform or against any person acting under the authority or order of any such member or by virtue of any warrant issued by him pursuant to law, the defendant may require the person instituting or prosecuting the action or proceeding to give security, in such amount as shall be determined by the judge of the court in which said action is pending, for the payment of attorney fees that may be awarded to the defendant therein. In default of giving such security the action or proceeding shall be dismissed. Such a defendant, in whose favor a final judgment is rendered, shall recover from the person instituting or prosecuting the action or proceeding reasonable attorney's fees. The immunity provided herein shall be in addition to that provided by other provisions of law and this Section shall not be construed to limit or qualify any other immunity provided members or commanders of the militia by any other provision of law.

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In addition to the above, the Governor is authorized to direct the Attorney General to defend any civil or criminal action brought against any member of the organized militia for any act done by him in the performance of his duty while in the active service of the State."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 24, 1980.

RECORDING OF MAPS, PLATS, ETC. BY CLERKS OF SUPERIOR COURTS.
No. 1059 (House Bill No. 1035).
AN ACT
To amend an Act regulating the preparation, contents and recording of maps and plats of surveys of tracts or bodies of land, including subdivisions, site plans and condominiums, approved April 3, 1978 (Ga. Laws 1978, p. 1616), so as to change the provisions relating to microfilming procedures; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act regulating the preparation, contents and recording of maps and plats of surveys of tracts or bodies of land, including subdivisions, site plans and condominiums, approved April 3, 1978 (Ga. Laws 1978, p. 1616), is hereby amended by adding at the end of the next to last sentence of subsection (a) of Section 1, immediately following the word "record", the following:

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provided, however, that a full-size positive print of the original may be tendered and used for microfilming",
so that when so amended, subsection (a) shall read as follows:
"(a) MATERIAL--Any such maps or plats shall be a good legible print, blue, white or other commercial print reproduced from a tracing made in India ink on a commercial grade of tracing cloth, tracing film, or tracing paper. The minimum line widths and letter and/or character heights delineated on such maps or plats shall be as follows:
(1) Maps or plats drawn on 8 1/2 inch by 11 inch or 8 1/2 inch by 14 inch tracings shall have a minimum line width of 0.010 inches and a minimum letter and/or character height of 0.080 inches.
(2) Maps or plats drawn on 11 inch by 17 inch tracings shall have a minimum line width of 0.010 inches and minimum letter and/or character height of 0.090 inches.
(3) Maps or plats drawn on 17 inch by 22 inch or 24 inch by 36 inch tracings shall have a minimum line width of 0.013 inches and a minimum letter and/or character height of 0.090 inches.
In counties using microfilming procedures when a map or plat is filed for record the original tracing, which shall not be larger than 24 inches by 36 inches, shall be submitted to the clerk for microfilming and a legible print, which shall not be larger than 17 inches by 22 inches, shall be filed for record; provided, however, that a full-size positive print of the original may be tendered and used for microfilming. The clerk shall enter filing date, plat book number, and page number on said original tracing and return said tracing to the Land Surveyor or the person filing same for record."

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 24, 1980.

TEACHERS' RETIREMENT SYSTEM ACT AMENDED.
No. 1060 (House Bill No. 1093).
AN ACT
To amend an Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, particularly by an Act approved April 13, 1979 (Ga. Laws 1979, p. 1007), so as to change the provisions relating to reestablishing membership service after the withdrawal of contributions; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, particularly by an Act approved April 13, 1979 (Ga. Laws 1979, p. 1007), is hereby amended by striking the word "twice" where it appears in the fifth sentence of the first paragraph of subsection (4) of Section 3 and inserting in lieu thereof the words "three times" so that when so amended said paragraph shall read as follows:
"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 five 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 unless he has 10 or more years of creditable service with this retirement system and elects to continue his membership with this retirement system as provided in this subsection. If any member

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who has not withdrawn his contributions to the retirement system has a break in service of more than four years but not more than five years, such member may be reinstated to membership if he shall pay a sum equal to 12 1/2 percent of his salary for his last year of service prior to the break in service. If any member who has not withdrawn his contributions to the retirement system has a break in service of more than five years but not more than six years, such member may be reinstated to membership if he shall pay a sum equal to 25 percent of his salary for his last year of service prior to the break in 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 three times after January 1, 1961, may, after three 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 applicable accrued regular interest for each year or portion thereof from the time withdrawn. Notwithstanding the foregoing, the Board of 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 by the Board of Trustees, or if he would cease to be a member by reason of illness preventing him from rendering the service otherwise required by this subsection. The Board of Trustees may also grant an additional year of leave to a teacher for each child born to or adopted by said teacher while on authorized leave."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 24, 1980.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

DISTRICT ATTORNEYS -- SALARY SUPPLEMENTS.
Code Chapter 24-29 Amended.
No. 1061 (House Bill No. 1138).
AN ACT
To amend Code Chapter 24-29, relating to district attorneys, as amended, particularly by an Act approved April 6, 1977 (Ga. Laws 1977, p. 1257), so as to provide that any county may supplement the salary of the district attorney of the judicial circuit in which the county lies; to provide that such salary supplement may be provided for services performed by the district attorney pursuant to Section 18A of the "Child Support Recovery Act," approved March 28, 1973 (Ga. Laws 1973, p. 192), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 722); to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Chapter 24-29, relating to district attorneys, as amended, particularly by an Act approved April 6, 1977 (Ga. Laws 1977, p. 1257), is hereby amended by adding a new Section 242905.2 to read as follows:
"24-2905.2. County supplements. In addition to any other compensation or county supplement now or hereafter provided by law, any county by appropriate action of the county governing authority may supplement from county funds the salary of the district attorney for the judicial circuit in which the county lies as herein provided. Such salary supplements are authorized to be paid for services performed by district attorneys pursuant to Section 18A of the `Child Support Recovery Act,' approved March 28, 1973 (Ga. Laws 1973, p. 192), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 722)."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

GEORGIA LAWS 1980 SESSION

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 24, 1980.

MECHANIC LIENS ON AIRCRAFT.
Code Section 67-2003 Amended.
No. 1062 (House Bill No. 1182).
AN ACT
To amend Code Section 67-2003, relating to mechanics' liens on certain personal property, so as to change the period of time within which claims of lien on aircraft must be filed for record; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 67-2003, relating to mechanics' liens on certain personal property, is hereby amended by striking said Section in its entirety and substituting in lieu thereof a new Code Section 67-2003, to read as follows:
"67-2003. Special liens on personalty; enforcement; priorities; claims for storage, (a) All mechanics of every sort, for work done and material furnished in manufacturing or repairing personal property, and for storage of such personal property after its manufacture or repair, which storage begins accruing after thirty days' written notice to the owner mailed to the owner by certified mail addressed to the owner at his last known address of the fact that storage is accruing, and of the daily dollar amount thereof, shall have a special lien on the same, which may be asserted by retention of such property, or the mechanic may surrender such personal property and give credit, when the same shall be enforced in accord-

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GENERAL ACTS AND RESOLUTIONS, VOL. I

ance with the provisions of Section 67-2401, and shall be superior to all liens except liens for taxes and such other liens as the mechanic may have had actual notice of before the work was done or material furnished.

(b) The maximum amount of storage that may be charged shall be $1.00 per day. Nothing contained herein shall allow a fee for storage to be charged on any item with a fair market value in excess of $200.00. Storage charges pursuant to this section shall not apply to motor vehicles covered now or hereafter by the `Motor Vehicle Certificate of Title Act', nor shall said storage fee be charged if there is a bona fide dispute between the customer and the mechanic as to the manner of repair, or the charges for repair.

(c) When possession of property is surrendered to the debtor,

the mechanic shall record his claim of lien, within 90 days after

such work is done and material furnished, or in the case of repairs

made on or to aircraft or farm machinery within 180 days after the

work is done and material furnished. The claim of lien shall be

recorded in the office of the Clerk of the Superior Court where the

owner of such property resides. The claim shall be in substance as

follows: `A. B., mechanic, claims a lien on

(here

describe the property) of C. B., for work done, material furnished

and storage accruing (as the case may be) in the manufacturing,-

repairing, and/or storing (as the case may be) the same."

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

Approved March 24, 1980.

GEORGIA LAWS 1980 SESSION

833

DEFAULT JUDGMENTS.
Code Section 110-401 Amended.
No. 1063 (House Bill No. 1229).
AN ACT
To amend Code Section 110-401, relating to default judgments in certain courts, so as to provide for determination by the court of damages in certain actions resulting in default judgments; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 110-401, relating to default judgments in certain courts, is hereby amended by striking therefrom the following:
"as to civil cases, and before a jury as to actions ex delicto",
so that when so amended Code Section 110-401 shall read as follows:
"110-401. If any case is not answered on or before its appearance day, such case shall automatically become in default unless time for filing answer has been extended as provided by law. The default may be opened as a matter of right by the filing of such defenses within fifteen (15) days after the appearance day, upon the payment of costs. If the case is still in default after the expiration of such period of fifteen (15) days, the plaintiff, at any time thereafter shall be entitled to verdict and judgment by default, in term time or vacation, in open court or in chambers, as if every item and paragraph of the petition were supported by proper evidence, without the intervention of a jury, unless the action is one ex delicto or involves unliquidated damages, in which event the plaintiff shall be required to introduce evidence and establish the amount of damages before the court without a jury with the right to move for a new trial in respect of such damages, and also to except as in other cases. An action based upon open account shall not be considered one for unliquidated damages within the meaning of this section." 27

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GENERAL ACTS AND RESOLUTIONS, VOL. I

Section 2. This Act shall become effective January 1, 1981, but only if an appropriate amendment to Article VI, Section IV, Paragraph VII of the Constitution is ratified at the general election held in November 1980 permitting the change provided for in this Act.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 24, 1980.

CRIMES -- UNLAWFUL CONVERSION OF TAX PROCEEDS.
Code Chapter 91A-99 Amended.
No. 1064 (House Bill No. 1259).
AN ACT
To amend Code Chapter 91A-99, relating to criminal violations of the Georgia Public Revenue Code, so as to provide that it is unlawful to knowingly and willfully convert funds collected from another pursuant to the Georgia Public Revenue Code with the intention to deprive the State of such funds; to specify penalties; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Chapter 91A-99, relating to criminal violations of the Georgia Public Revenue Code, is hereby amended by adding a new Section after Code Section 91A-9901, to be designated Code Section 91A-9901.1, to read as follows:
"91A-9901.1. Unlawful conversion of tax proceeds, (a) It is unlawful for any person knowingly and willfully to convert funds collected for the benefit of the State pursuant to the requirements of this Title for his own use or any other person's use with the intention of depriving the State of the funds.

GEORGIA LAWS 1980 SESSION

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(b) Any person violating the provisions of this Section is guilty of theft by conversion and shall be punished as provided for in Code Section 26-1812 for a violation of Code Section 26-1808, relating to theft by conversion."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 24, 1980.

EDUCATION - ASSISTANCE TO STUDENTS TO OBTAIN EDUCATION BEYOND TWELFTH GRADE.
Code Title 32 Amended.
No. 1065 (House Bill No. 1428).
AN ACT
To amend Code Title 32, relative to education, as amended, so as to comprehensively revise, supersede, and consolidate certain laws relating to various state programs providing assistance for students to obtain an education beyond the twelfth grade; to comprehensively revise, supersede, and consolidate the laws relating to certain state agencies and public corporations administering such educational assistance programs; to provide for the creation of certain state agencies and public corporations as successors to and a continuation of certain heretofore existing state agencies and public corporations; to provide for protection and continuation of certain rights, powers, duties, and obligations; to provide for a Georgia Student Finance Commission and for its powers and duties; to provide for a Georgia Higher Education Assistance Corporation and for its powers and duties; to provide for a Georgia Student Finance Authority and for its powers and duties; to provide for other matters relative to the foregoing; to provide for severability; to repeal specific Acts; to repeal conflicting laws; and for other purposes.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

Be it enacted by the General Assembly of Georgia:
Section 1. Code Title 32 relative to education, as amended, is hereby amended by adding thereto a new Code chapter, to be designated Code Chapter 32-31, to read as follows:
"CHAPTER 32-31 Georgia Student Finance Commission
32-3101. Short title. This Code chapter shall be known and may be cited as the `Georgia Student Finance Commission Act.'
32-3102. Legislative findings and purpose, (a) Legislative findings. The General Assembly has determined that it is a valid public purpose to promote the educational level of achievement of citizens and persons in this state by creating the Georgia Higher Education Assistance Corporation, a public authority, as provided for in Code Chapter 32-33, for the purpose of establishing and administering a guaranteed educational loan program in this state in such a manner as not to pledge the faith and credit of the state to the payment of such educational loans as may be guaranteed by the corporation; has determined that it is a valid public purpose to promote further the educational level of achievement of citizens and persons in this state by creating the Georgia Student Finance Authority, a public authority, as provided for in Code Chapter 32-37, for the purpose of providing educational scholarship, grant and loan assistance to citizens and persons in this state, in large part educational loans to be funded through the issuance of revenue bonds and other obligations by the authority in such a manner as not to pledge the faith and credit of the state to the payment of such bonds and obligations, and to use further such bond funds to provide a form of secondary market for lenders in further support of the guaranteed educational loan program of the state; and finds that it is desirable and cost efficient and will permit greater coordination of state student aid programs, maximum utilization of available student aid funds, simplification of procedures for students, parents, and educational institutions, possible prevention of frauds and abuses and thereby better serve the public interests of the state, if a maximum degree of centralization in the management and administration of the functions of the corporation and the authority is provided for; and, further, that although public moneys may within the provisions of the Constitution of Georgia be appropriated for use by the corporation and

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by the authority for prescribed student aid purposes, such moneys may not be lawfully appropriated directly to the corporation nor the authority but must, in lieu thereof, be appropriated to an agency within the executive branch of state government for use by the corporation or the authority for such prescribed purposes. The General Assembly resolves, therefore, that in order to accomplish the foregoing essential and valid public purposes of the corporation as set forth in Code Chapter 32-33, and of the authority as set forth in Code Chapter 32-37, that it is necessary, essential, a valid public purpose, and within the meaning of the provisions of the Constitution of the state, to create the Georgia Student Finance Commission as an agency within the executive branch of state government for the purposes prescribed in this Code chapter.
(b) Legislative purpose. The purpose of the commission shall be to help improve the higher educational opportunities of citizens and persons in this state by serving as an agency and budget unit within the executive branch of state government for the purpose of carrying out and effectuating the powers, duties, and functions set forth in this Code chapter.
32-3103. Definitions. For purposes of this Code chapter, the following terms shall have the meanings respectively prescribed for them by this section:
(1) `Commission.' The Georgia Student Finance Commission created by Code Section 32-3104.
(2) `Board.' The board of commissioners of the Georgia Student Finance Commission.
(3) `Corporation.' The Georgia Higher Education Assistance Corporation created by Code Section 32-3304.
(4) `Authority.' The Georgia Student Finance Authority created by Code Section 32-3704.
(5) `State.' The State of Georgia.
(6) `Reorganization Act.' The `Executive Reorganization Act of 1972' (Ga. Laws 1972, p. 1015), as amended.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

32-3104. Georgia Student Finance Commission created, (a) There is hereby created within the executive branch of state government a commission to be known as the Georgia Student Finance Commission. The commission shall be an agency of the state and a budget unit thereof.
(b) The Georgia Student Finance Commission created by subsection (a) of this section shall be the successor to and a continuation of, without interruption, the previously existing Georgia State Scholarship Commission created by an Act approved March 12, 1965 (Ga. Laws 1965, p. 210), as amended. The change of the name of the Georgia State Scholarship Commission to the Georgia Student Finance Commission and its continuation, as provided herein, shall in no way affect any existing obligations, liabilities, or rights of the previously existing Georgia State Scholarship Commission. All such obligations, liabilities, and rights are hereby transferred to, vested in, and assumed by the Georgia Student Finance Commission created by subsection (a) of this section. All existing contracts and agreements between any party and the previously existing Georgia State Scholarship Commission shall not be affected hereby but shall continue in full force and effect, without interruption, as contracts or agreements between such party and the Georgia Student Finance Commission created by subsection (a) of this section.
(c) Title to and ownership of all tangible personal property of the previously existing Georgia State Scholarship Commission is hereby transferred to and vested in the Georgia Student Finance Commission created by subsection (a) of this section.
(d) Right, title, interests in and ownership of all other assets of the previously existing Georgia State Scholarship Commission, including, without limitation, student loan accounts receivable, interest thereon and contract rights relative thereto, income on hand on the effective date of this Code chapter derived therefrom, and choses in action in respect thereof, are hereby transferred to and vested in the Georgia Student Finance Authority, and the same and all proceeds thereafter derived therefrom shall be the property of and shall be used by the authority for educational loan and operating expense purposes as provided for in Article 3 of Code Chapter 32-37.

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32-3105. Board of commissioners; qualifications; terms; officers; meetings; committees; compensation; advisory councils, (a) Board of commissioners.
(1) The commission shall be governed and all of its powers, duties, and functions shall be exercised by a board of commissioners. The board of commissioners shall be composed of 15 members consisting of the following: three officials of the state who shall be the chancellor of the University System of Georgia, the State School Superintendent, and the Director of the Office of Planning and Budget; and 12 public commissioners, to be appointed by executive order of the Governor subject to confirmation by the Senate, consisting of one public commissioner from each congressional district of the state who is and who remains during the term of his or her appointment a resident of the district being represented, and two public commissioners appointed from the state at large who are and who remain during the term of their appointment residents of the state. The executive director of the commission (or president, if designated by such title by the board) shall be an ex officio member of the board of commissioners. Neither the Governor nor any state official not designated in this paragraph of subsection (a) of this section shall be appointed as a commissioner. All public commissioner appointments made by the Governor when the Senate is not in session shall be effective ad interim.
(2) The board of commissioners of the Georgia Student Finance Commission provided for by paragraph (1) of subsection (a) of this section shall be the successor to and a continuation of, without interruption, the board of commissioners of the previously existing Georgia State Scholarship Commission. The board of commissioners of the previously existing Georgia State Scholarship Commission (excepting the chairman of the board of regents, who shall not be a member of the board of commissioners of the Georgia Student Finance Commission) shall be the board of commissioners of the Georgia Student Finance Commission created by Code Section 32-3104(a), and each public commissioner shall continue to serve for the term of office to which he or she was appointed. Upon expiration of their respective term, or in the event of a vacancy, their successor shall be appointed, or appointments to fill vacancies occurring shall be made, by executive order of the Governor as provided for in this section.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(b) Qualifications and terms of public commissioners. Public commissioners shall be appointed by executive order of the Governor to serve for a term of six years, and until their successor is appointed and qualified, and shall be eligible for reappointment to successive terms. Appointments made after the expiration of a term, or to fill a vacancy occurring on the commission, shall be made by the Governor in the same manner but only for the duration of the unexpired term. Public commissioners shall be at least 21 years of age, citizens of the United States, and residents of Georgia for at least two years at the time of their appointment. Public commissioners shall be subject to the code of ethics covering members of commissions, boards, directors, and authorities as set forth in Code Sections 89-953 through 89-955, and shall be subject to removal for violation thereof as provided for in said Code sections. No commissioner shall be eligible to become an officer or employee of the commission for a period of one year after expiration of the commissioner's period of service as a commissioner.
(c) Officers of the board. The officers of the board of commissioners shall consist of a chairman; a vice-chairman who shall serve as chairman in the absence or incapacity of the chairman, each of whom shall be elected from the public commissioners of the board to serve for a term of not more than two years and who shall be eligible for reelection to successive terms unless otherwise provided in the bylaws of the commission; and a secretary of the board who may be a commissioner or an employee of the commission.
(d) Board meetings. The board shall provide for the holding of regular and special meetings. The board shall hold at least one regular meeting during each fiscal year but may hold as many regular meetings during any fiscal year as may be deemed necessary. The chairman is authorized to call at any time a special meeting of the board provided at least five days' advance notice is provided to each commissioner. A majority of the commissioners then in office shall constitute a quorum for the transaction of any business and for the exercise of any power, duty, or function of the board; and no vacancy on the board shall impair the right of a quorum of the commissioners then in office to transact any business or to exercise any power, duty, or function of the board. The concurrence of a majority of commissioners present at any meeting of the board at which a quorum is present shall be sufficient to constitute official action of the board. All meetings of the board shall be open to the

GEORGIA LAWS 1980 SESSION

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public except as otherwise provided by state law. Meetings of the board shall generally be held at the principal office or place of business of the commission but may be held elsewhere within the state when authorized by the board.
(e) Executive committee. The board is authorized to establish, elect, and provide for the organization and duties of an executive committee of the board, to consist of not less than seven commissioners, which may, in intervals between regular board meetings, meet and transact any business and exercise any power, duty, or function of the board unless otherwise restricted by the board. The presence at a meeting of the executive committee of a majority of the members of such committee shall constitute a quorum. The concurrence of members of the executive committee equal to a majority of the membership of the executive committee shall be required to constitute official action of the executive committee. Any authorized official action taken by the executive committee shall be binding upon the board and the commission until the next regular meeting of the board. Meetings of the executive committee shall be open to the public except as otherwise provided by state law. Meetings of the executive committee shall generally be held at the principal office or place of business of the commission but may be held elsewhere within the state when authorized by the board. Whenever the board, at any regularly scheduled meeting of the board, shall fail to have a quorum present, but a quorum of the executive committee of the board is present, such meeting shall continue as an official meeting of the executive committee under the provisions of this subsection of this section for the purpose of taking any official action which the executive committee is otherwise authorized to take.
(f) Other committees. The board is authorized to establish and provide for the organization and duties of such other interim or standing committees of the board as it may deem necessary in the performance of its powers, duties, and functions. Such other committees may only be authorized to investigate or to consider, and to report their findings or recommendations to the board, upon such matter or matters as the board shall prescribe, and may not be authorized to take any binding action for or on behalf of the board.
(g) Compensation of commissioners. Public commissioners shall receive as compensation for their services a per diem of $44.00

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GENERAL ACTS AND RESOLUTIONS, VOL. I

per day plus actual expenses incurred for each day's service or portion thereof spent in the performance of their duties under this Code chapter; provided, however, that per diem compensation shall be limited to 12 days during any fiscal year for public commissioners other than the chairman and the vice-chairman, and 18 days during any fiscal year for public commissioners who are serving as chairman or as vice-chairman of the commission. Public commissioners are authorized to travel outside the state when required to do so in the performance of their duties under this Code chapter and to attend meetings sponsored or conducted by the United States or by an association of state agencies, authorities, or commissions whose duties are comparable to the duties of the commission, and their attendance at or participation in such meetings will likely be of value and benefit to the commissioner and to the board of commissioners in the performance of their duties under this Code chapter. Members of the commission who are state officials shall not be paid a per diem but shall be reimbursed for actual expenses incurred by them in the performance of their duties under this Code chapter.
(h) Advisory councils. The board is authorized to provide for the creation of one or more advisory councils pursuant to the provisions of Section 28 of Chapter 1 of the reorganization Act as the board may determine to be needful or helpful to the commission in the performance of its powers, duties, and functions under this Code chapter and to prescribe all matters relative thereto, including, without limitation, their membership, organization, duties, meetings, authorized travel, and the payment of per diem to and actual expenses incurred by advisory council members while in the performance of duties prescribed by the board.
32-3106. Commission officers; employees; bonds; legal services; merit system. The board shall provide for the employment of all personnel and for retention of all support services necessary to enable it to effectuate and carry out its powers, duties, and functions under this Code chapter, including, but without limitation, the following:
(a) Chief executive officer. The board shall select and employ an executive director of the commission (or president, if designated by such title by the board) who shall be the chief executive officer of the commission and who shall serve at the pleasure of the board. The executive director may be employed on an annual basis by

GEORGIA LAWS 1980 SESSION

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resolution adopted at a regular meeting of the board, or for a longer contractual period of time not to exceed three years. The executive director shall receive such salary and other compensation and benefits as determined and fixed by the board. He shall cause to be filed with the commission a fidelity bond in the minimum sum of $100,000.00 conditioned upon the faithful performance of his duties under this Code chapter, and such additional bond coverage as the board may direct, and the cost thereof shall be paid from funds available to the commission. The executive director shall provide for maintenance of accurate and permanent minutes and records of all proceedings and activities of the board and the commission, and have authority and responsibility to implement and carry out all administrative powers, duties, and functions of the commission in accordance with governing state and federal laws and rules, regulations, and policies prescribed by the board. Unless otherwise prescribed by the board, the executive director is authorized to select, employ, and terminate the employment of, and prescribe the duties of, all officers and employees of the commission in accordance with applicable provisions of law.
(b) Other officers. The board shall designate an employee of the commission to serve as treasurer of the commission. The treasurer shall receive and disburse all funds made available to the commission by the General Assembly or otherwise in accordance with law and as may be directed by the board. The treasurer shall cause to be filed with the commission a fidelity bond in such sum as the board shall direct conditioned upon the faithful performance of his duties under this Code chapter and the proper accounting of all funds coming into possession or control of the commission, and the cost thereof shall be paid from funds available to the commission. The board is authorized to designate the executive director as treasurer. The board shall also designate an employee of the commission to serve as secretary of the commission. The board is further authorized to designate other budgeted personnel positions of the commission as officers of the commission, and to ascribe to such positions such duties, responsibilities, and official titles as it may deem appropriate.
(c) Personnel. The commission is authorized to employ, on a full-time, part-time, or contractual basis, all officers, employees, professional personnel, agents, experts, consultants, and other personnel needed for the performance of its powers, duties, and func-

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tions under this Code chapter. Officers and employees of the commission are authorized to travel within and outside the state in connection with the performance of their duties as may be authorized by the board.
(d) Fidelity bonds. All officers and employees of the commission and public commissioners shall be covered by a fidelity bond or bonds in such sum or sums and conditioned for such purpose or purposes as the board shall determine, and the cost thereof shall be paid from funds available to the commission.
(e) Legal services. Legal services shall be provided to the commission, the corporation, and the authority by the Attorney General as provided for by state law, or by private attorneys designated by the Attorney General or, if authorized by the Attorney General, by private attorneys selected and retained or employed by the commission, the corporation, or the authority for the purposes authorized by the Attorney General. The commission is authorized to provide for payment from funds available to the commission, the corporation, or the authority, all legal costs incurred, including, without limitation, attorneys' fees, court costs, and all other costs and expenses incurred incident to the retention of legal services, and in respect of legal proceedings.
(f) Merit system. All full-time budgeted employees of the commission shall continue, without interruption, to be subject to and covered by the Act creating and establishing the Merit System of Personnel Administration, approved February 4, 1943 (Ga. Laws 1943, p. 171), as amended; but the position of the executive director and such other employee positions as may be determined by the board to be exempt from the classified service pursuant to the provisions of that Act shall be exempt, nonclassified positions, and the board shall determine and fix the salary and other compensation and benefits to be paid or provided to the employees occupying those positions.
32-3107. Powers of the commission. In addition to all other provisions of this Code chapter and in furtherance of the purposes of the commission, the commission shall have the following powers, duties, and functions:

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(a) The board of commissioners shall serve as the board of directors of the corporation pursuant to this subsection and the provisions of Code Chapter 32-33 and, whenever they are convened as and are acting in the capacity of the board of directors of the corporation, they shall carry out and fully effectuate the powers, duties, functions, and corporate purposes of the corporation in accordance with the provisions of Code Chapter 32-33 without regard to any other power, duty, or function vested in them under this Code chapter or under any other provision of law.
(b) The board of commissioners shall serve as the board of directors of the authority pursuant to this subsection and the provisions of Code Chapter 32-37 and, whenever they are convened as and are acting in the capacity of the board of directors of the authority, they shall carry out and fully effectuate the powers, duties, functions, and corporate purposes of the authority in accordance with the provisions of Code Chapter 32-37 without regard to any other power, duty, or function vested in them under this Code chapter or under any other provision of law.
(c) The officers of the commission shall serve in the same capacity as officers of the corporation and as officers of the authority, respectively, pursuant to the provisions of this subsection and the provisions of Code Chapter 32-33 and Code Chapter 32-37, respectively. Nothing contained in this Code chapter, however, shall be construed to mean or require that the officers of the board of directors of the corporation and the officers of the board of directors of the authority shall be the same persons, nor that they shall be the same persons who are serving as officers of the board of commissioners under this Code chapter.
(d) Employees of the commission shall perform all management, supervisory, administrative, and clerical functions required by the corporation and by the authority.
(e) The commission shall receive all moneys made available to the commission by the General Assembly of Georgia or otherwise for purposes of the corporation and disburse the same to the corporation.
(f) The commission shall receive all moneys made available to the commission by the General Assembly of Georgia or otherwise

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for purposes of the authority and disburse the same to the authority.
(g) The commission shall receive all moneys made available to the commission by the General Assembly of Georgia or otherwise for purposes of the commission and use the same for purposes of the commission.
(h) The commission shall perform administrative functions for the corporation and for the authority provided for in Section 3 of Chapter 1 of the reorganization Act as prescribed by the board of directors of the corporation and by the board of directors of the authority, respectively; provided, however, that the commission shall in any event provide staff services to the corporation and to the authority as they may require for the performance of their respective powers, duties, and functions under Code Chapter 32-33 and Code Chapter 32-37, respectively.
(i) The commission shall also have the following additional powers:
(1) To adopt an official seal and to alter the same at its pleasure.
(2) To maintain a principal office and such other offices as it may deem necessary.
(3) To adopt bylaws and policies for the regulation of its affairs and the conduct of its business.
(4) To adopt rules and regulations necessary or appropriate for the administration of its affairs, the exercise of its powers, duties, and functions, and the accomplishment of its purposes, pursuant to this Code chapter.
(5) To enter into agreements and undertakings as may be necessary or appropriate in the exercise of its powers, duties, and functions under this Code chapter.
(6) To perform such other acts as may be necessary or appropriate to effectuate the purposes of the commission under this Code chapter.

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(7) To enter into agreements with the United States government for the purpose of securing the benefits of any federal law which provides federal funds for any student financial aid purpose or for any activity related to student financial aid, including, without limitation, activities such as research activities, the collection and reporting of data, the administration of an activity related to student financial aid, and dissemination of information and services to the public; to comply with the provisions of such federal law; to adopt such rules, regulations, resolutions, and procedures as may be necessary to secure such federal funds; and to provide matching funds as may be required from funds available to the commission,
(8) To receive funds from any source, public or private, by gift, grant, bequest, or otherwise, either absolutely or in trust, and to hold, use, invest, administer, and expend the same, on behalf of the commission and for any of its purposes; and to acquire from any source, public or private, by purchase, lease, gift, bequest, or devise, any property, real, personal or mixed, either absolutely or in trust, and to hold, use, administer, and dispose of the same, on behalf of the commission and for any of its purposes.
32-3108. Accounting systems; use of agency funds to pay operating expenses; trust funds. The commission shall maintain a system of accounts in accordance with generally acceptable accounting procedures and standard accounting procedures and systems established by the state where applicable which shall, among other things, properly identify and account for all funds received by the commission from the corporation and from the authority, respectively; the source of receipt of such funds by the corporation and by the authority, respectively; all expenditures of the commission made for or on behalf of the corporation or the authority, respectively; all expenditures of the commission, a pro rata part of which is properly chargeable as an expenditure made for or on behalf of the corporation or the authority, respectively; and the basis or method used by the commission in prorating ratable expenditures of the commission to the corporation and to the authority, respectively. No agency fund moneys received by the commission from the corporation shall be expended by the commission in payment of expenses incurred for or on behalf of the authority.

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32-3109. (Reserved)
32-3110. Budget requests. The commission shall submit its regular and supplemental budget requests to the Governor at such times and in such form and manner as required by state law; provided, however, that the commission shall, in accordance with Section 3 of Chapter 1 of the reorganization Act, include in its budget requests the respective budget requests, if any, of the corporation and of the authority as prepared and submitted to the commission by the corporation and by the authority.
32-3 111. Division of the board. If any federal law or rule shall at any time have the effect of prohibiting any person from simultaneously serving as a member of the board of directors of the corporation and as a member of the board of directors of the authority, the Governor is hereby authorized, notwithstanding the provisions of this Code chapter or of Code Chapters 32-33 and 32-37, to divide the persons who are serving as members of the board of commissioners as evenly as may be possible and, by executive order, designate the members of the commission who shall thereafter serve as members of the board of directors of the corporation and who shall thereafter serve as members of the board of directors of the authority.
32-3112. Operations reports. The commission is authorized to publish annually, or at less frequent intervals determined by the board, an operations report covering the activities of the commission, including, without limitation, a report of revenues and expenditures of the commission and a statement of the financial condition of the commission and to furnish copies of the same to the Governor, members of the General Assembly, and to other public and private persons and agencies as it may deem appropriate. Such operations reports, if published, shall cover the activities of the commission for a period of one or more state fiscal years.
32-3113. (Reserved)
32-3114. Audit. The state auditor shall make an annual financial audit of the books, accounts, and records of the commission. The state auditor shall maintain a copy of the audit report on file in his office, make copies of the report available for inspection by the general public, and furnish a copy of the report to the commission,

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to members of the board of commissioners, to the Governor, and to members of the General Assembly."
Section 2. Code Title 32, relative to education, as amended, is hereby amended by adding thereto a new Code chapter, to be designated Code Chapter 32-33, to read as follows:
"CHAPTER 32-33 Georgia Higher Education Assistance Corporation
32-3301. Short title. This Code chapter shall be known and may be cited as the `Georgia Higher Education Assistance Corporation Act.' The educational loan program provided for in this Code chapter may be referred to and cited as the `Georgia Educational Loan Program.'
32-3302. Legislative findings and purpose, (a) Legislative findings. It is hereby found and determined:
(1) The General Assembly finds that the growth and development of this state and nation has been and will undoubtedly remain strongly related to the degree to which educational opportunities are provided to all of its citizens; recognizes that costs associated with postsecondary educational opportunities are substantial when considered in relation to the average earnings and wealth of most Georgia families, and that such costs are in many cases prohibitive; and acknowledges that a need exists for a means whereby Georgia students and parents of students can obtain low-interest loans in a manner that will enable them to spread and thereby ease the immediate costs of such higher education, preferably through private fund sources, but that an adequate guaranty, among other things, of such loans is essential to assure the accessibility of private loan funds to students and parents of students. Accordingly, the General Assembly determined, as early as 1964, that such a means for the generation of private loan funds to citizens for postsecondary educational purposes could exist through the exercise of the powers, duties, and functions vested by the General Assembly in the Georgia Higher Education Assistance Corporation. The General Assembly now reaffirms that earlier determination.

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(2) The General Assembly further finds that substantial investments of public and private moneys have been made and will undoubtedly continue to be made in the construction, development, and operation of public and private postsecondary educational institutions throughout the state; that such postsecondary educational institutions are of immense value to the state in that they promote the general welfare and the economic and cultural development and prosperity of the state and all its citizens; that it is in the public interest to sustain such institutions; and, therefore, that the provision of educational loan assistance to persons, and for and on behalf of persons, who desire to attend such educational institutions will be of substantial financial benefit to those institutions and will better ensure their continued economic viability and value to the state.
(3) The General Assembly further finds that since 1965 the United States has made similar findings and determinations; that through enactment of the federal Act, as presently constituted, the United States Commissioner of Education is authorized and directed to enter into agreements in support of local guaranty agencies, such as the corporation, that are administering at the local level a guaranteed educational loan program which meets the requirements of the federal Act, and to provide partial federal financial support to such agencies and programs; and, further, that pursuant to the federal Act and such agreement, the commissioner will reinsure educational loans that are guaranteed by the corporation (to the extent of 100 percent of all amounts expended by the corporation in discharge of its guaranty obligations until the reinsurance paid in any one federal fiscal year exceeds 5 percent and 9 percent, respectively, of the amount of guaranteed loans in repayment as of the end of the preceding federal fiscal year, at which time the reinsurance paid will be reduced to 90 percent and 80 percent, respectively, of such excess amounts expended by the corporation during the remainder of that federal fiscal year in the discharge of its guaranty obligations, but that in no event shall the reinsurance be reduced to less than 80 percent of such amounts expended by the corporation), and pay certain federal interest subsidies and special allowances to the holders of such loans for and on behalf of the borrowers, and certain other payments to the corporation in respect of such loans.

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(4) The General Assembly therefore determines that it is a valid public purpose to promote the educational level of achievement of citizens of and of persons in this state, the general welfare and economic and cultural development and prosperity of the state, and the continued economic viability and value of postsecondary educational institutions located within the state, by providing a means for the extension of educational loan credit to students and parents of students, and for the guaranty of such credit, among other things, and therefore finds and declares that continuation of the corporation, and the carrying out of its corporate powers, duties, and functions as provided for in this Code chapter, is in all respects a necessary and valid public purpose within the provisions of the Constitution of the state.
(b) Legislative purpose. The purpose of the corporation shall be to improve the higher educational opportunities of eligible students who are residents of this state by guaranteeing educational loans made to such students or to their eligible parent pursuant to the provisions of this Code chapter and the federal Act, and, pursuant to the federal Act and regulations of the corporation, guaranteeing educational loans made to eligible students who are enrolled or accepted for enrollment in a school located within this state who are not legal residents of this state, and to assure availability of the benefits of the federal Act and this Code chapter to eligible students and parents, schools and lenders.
32-3303. Definitions. For purposes of this Code chapter, the following terms shall have the meanings respectively prescribed for them by this section:
(1) `Corporation.' The Georgia Higher Education Assistance Corporation created by Code Section 32-3304.
(2) `Board.' The board of directors of the Georgia Higher Education Assistance Corporation.
(3) `Authorized officer.' The chairman, vice-chairman, executive director (or president), treasurer, secretary, or other person authorized by this Code chapter, resolution of the board, or by the bylaws of the corporation to act as an authorized officer of the corporation for any prescribed purpose.

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(4) `Commission.' The Georgia Student Finance Commission created by Code Section 32-3104.

(5) `Authority.' The Georgia Student Finance Authority created by Code Section 32-3704.

(6) `State.' The State of Georgia.

(7) `Reorganization Act.' The `Executive Reorganization Act of 1972' (Ga. Laws 1972, p. 1015), as amended.

(8) `Federal Act.' All provisions of the United States Higher Education Act of 1965 (P.L. 89-329), as amended, relative to state programs of low-interest, guaranteed educational loans to students and parents, including rules and regulations prescribed by the commissioner pursuant thereto.

(9) `Code chapter.' This Code Chapter 32-33 of the Georgia Code, as amended, including rules and regulations prescribed by the board pursuant thereto.

(10) `Program.' The Georgia Educational Loan Program as provided for in the federal Act and this Code chapter.

(11)

<`Commissioner.' T

Education or any other official succeeding to the powers of such

commissioner under the federal Act.

(12) `School.' Any educational institution located within or outside the state which (A) is approved by the corporation pursuant to the provisions of this Code chapter for purposes of the Georgia Educational Loan Program, and (B) which has in force and effect with the corporation, if required by the corporation, a school agreement as prescribed by the corporation.

(13) `Lender.' Any entity located within or outside the state which (A) is approved by the corporation pursuant to the provisions of this Code chapter for purposes of the Georgia Educational Loan Program, including the Student Loan Marketing Association created by the federal Act and the Georgia Student Finance Authority created by Code Section 32-3704, and (B) which has in force and effect with the corporation a loan guar-

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anty agreement as prescribed by the corporation; provided, however, that each such entity shall have the right to be a lender only to the extent and upon such terms and for such purposes as may be prescribed by the corporation.
(14) `Guaranty agency.' The Georgia Higher Education Assistance Corporation.
(15) `Loan guaranty.' The document or endorsement issued by the corporation as evidence of the guaranty by the corporation of an educational loan to be made by a lender to an eligible student or eligible parent. The term `guaranty' when used in this Code chapter shall have the same meaning as `insurance' as such term is used in the federal Act, and be synonymous therewith.
(16) `Loan' or `educational loan.' An obligation representing advances of money by a lender to an eligible student or eligible parent evidenced by one or more promissory notes, on note forms prescribed by the corporation, as to which the payment of principal and interest is fully guaranteed by the corporation pursuant to this Code chapter, as evidenced by one or more loan guaranties issued by the corporation, and reinsured by the commissioner to the maximum extent permitted under the federal Act, but in any event so reinsured for not less than 80 percent of principal and interest. In the event of the purchase and sale or the pledge or assignment of such loans, or a participating interest in such loans, the term shall include contingent interests, security interests, pledges, commitments, choses in action, or other property interests in such loans.
(17) `Student' or `eligible student.' A student who (A) qualifies for an educational loan under this Code chapter and (B) is a resident of the state, or, if not a resident of the state, is enrolled in or accepted for enrollment in a school located within the state.
(18) `Parent' or `eligible parent.' A parent of an eligible student who qualifies for an educational loan under the federal Act and regulations prescribed by the corporation.

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(19) `Borrower.' An eligible student or eligible parent who has obtained an educational loan under this Code chapter.
(20) `Federal interest subsidies.' The interest subsidy payments provided for in Section 428 of the federal Act.
(21) `Special allowance payments.' The special allowance payments provided for in Section 438 of the federal Act.
(22) `Guaranty fee.' The insurance premium charge authorized by Code Section 32-3311.
(23) `Directory information.' The present or last known name, address, and place of employment, social security number, telephone number, school enrollment status, academic classification and standing, actual or anticipated date of graduation, withdrawal from or transfer to another school, and other educational loan indebtedness, as the case may be and as may be applicable to, a borrower, cosigner, or personal or credit reference named on an application for loan guaranty under this Code chapter, and the spouse thereof.
32-3304. Georgia Higher Education Assistance Corporation created. (a) There is hereby created a public authority, a body corporate and politic, to be known as the Georgia Higher Education Assistance Corporation, which shall be deemed to be an instrumentality and a nonprofit public corporation of the state.
(b) The Georgia Higher Education Assistance Corporation created by subsection (a) of this section shall be the successor to and a continuation of, without interruption, the previously existing Georgia Higher Education Assistance Corporation created by an Act approved March 12, 1965 (Ga. Laws 1965, p. 217), as amended. The continuation of the Georgia Higher Education Assistance Corporation, as provided herein, shall in no way affect any existing obligations, liabilities, or rights of the previously existing Georgia Higher Education Assistance Corporation. All such obligations, liabilities, and rights (including, without limitation, obligations, liabilities, and rights in respect of loan guaranties issued to lenders by the previously existing corporation, and in respect of payment of state interest subsidies and placement, conversion and loan discount fees on loans guaranteed by the previously existing corpo-

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ration, pursuant to provisions of state and federal laws in effect at the time such obligations, liabilities and rights were incurred or created), are hereby transferred to, vested in, and assumed by the Georgia Higher Education Assistance Corporation created by subsection (a) of this section. All contracts and agreements between any party and the previously existing Georgia Higher Education Assistance Corporation shall not be affected hereby but shall continue in full force and effect, without interruption, as contracts or agreements between such party and the Georgia Higher Education Assistance Corporation created by subsection (a) of this section.
(c) Right, title, interests in and ownership of all assets of the previously existing Georgia Higher Education Assistance Corporation are hereby transferred to and vested in the Georgia Higher Education Assistance Corporation created by subsection (a) of this section.
(d) The Georgia Higher Education Assistance Corporation created by subsection (a) of this section is hereby designated as the state guaranty agency to administer the guaranteed educational loan program in this state as provided for in the federal Act and this Code chapter.
32-3305. Board of directors; organization and conduct of affairs, (a) Board of directors. The corporation shall be governed and all of its corporate powers, duties, and functions shall be exercised by a board of directors. The board of directors shall be composed of 15 members, who shall be the same persons who are serving and who shall serve as members of the board of commissioners of the Georgia Student Finance Commission pursuant to Code Section 32-3105. The executive director of the corporation (or president, if designated by such title by the board) shall be an ex officio member of the board of directors. The board of directors of the corporation provided for by this subsection shall be the successor to and a continuation of, without interruption, the board of directors of the previously existing Georgia Higher Education Assistance Corporation. No director shall be eligible to become an officer or employee of the corporation for a period of one year after expiration of the director's period of service as a director of the corporation.

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(b) Organization and conduct of affairs. The provisions of Code Sections 32-3105(c) through 32-3105(h), pertaining to the Georgia Student Finance Commission and relative to officers of the board, board meetings, executive committee, other committees, compensation of commissioners, and advisory councils, inclusively, are hereby incorporated by reference into this subsection of this section and shall apply to the board of directors of the corporation in the same manner as if fully set out, with conformable language, in this subsection of this section. The board of directors of the corporation shall organize and conduct its affairs in accordance with said provisions of law; provided, however, (1) that nothing herein shall be construed to mean that the board of directors of the corporation must elect the same persons to serve as officers of the board of directors as are elected by the board of commissioners of the commission to serve as officers of the board of commissioners, (2) that no person serving as a public commissioner of the commission, and thereby as a director of the corporation, shall receive more than one day's per diem (plus actual expenses incurred) for one day's service or portion thereof rendered to the state, and (3) that the limitation as to the number of days during any fiscal year that per diem may be paid to a public commissioner of the commission shall be inclusive of services rendered by such person as a director of the corporation.
32-3306. Corporation officers and employees; bonds. The executive director of the commission (or president, if designated by such title by the board of commissioners) shall serve as the executive director (or president, if designated by such title by the board of directors) and chief executive officer of the corporation. He shall provide for maintenance of accurate and permanent minutes and records of all proceedings and activities of the board and the corporation and have authority and responsibility to implement and carry out all administrative powers, duties, and functions of the corporation in accordance with governing state and federal laws and rules, regulations, and policies prescribed by the board. The treasurer of the commission shall serve as treasurer of the corporation. He shall receive and disburse all funds made available to or for the use of the corporation by the General Assembly or otherwise in accordance with law and as may be directed by the board. The secretary of the commission shall serve as secretary of the corporation. Other officers of the commission who are assigned duties and responsibilities relative to the purposes of the corporation may be designated as

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officers of the corporation. The foregoing officers and all other employees, professional personnel, agents, experts, consultants, and persons employed or retained by the commission who are assigned duties and responsibilities relative to the purposes of the corporation shall perform such assigned duties and responsibilities in accordance with the provisions of the federal Act and this Code chapter. Fidelity bond coverage of officers, employees, and members of the commission provided pursuant to the provisions of Code Section 323106(d) and covering such persons who are performing duties and responsibilities relative to the corporation pursuant to this Code chapter shall also be conditioned as to the insured and in such respects and for such sums as the board determines necessary to protect the interests of the corporation.
32-3307. Powers of the corporation. In addition to all other provisions of this Code chapter and in furtherance of the purposes of the corporation, the corporation shall have the following powers, duties, and functions:
(a) The corporation shall establish and administer a program of guaranteed educational loans to eligible students and eligible parents, to be known as the Georgia Educational Loan Program, in accordance with the provisions of this Code chapter and the federal Act, and pursuant thereto is further authorized:
(1) To adopt rules, regulations, and policies necessary, appropriate, or convenient for the administration of its affairs; the execution of its powers, duties, and functions; and the accomplishment of its corporate purposes, as prescribed in this Code chapter and the federal Act.
(2) To receive all moneys made available by the General Assembly of Georgia or otherwise for the purposes of the corporation and to use the same in accordance with the provisions of this Code chapter and the federal Act.
(3) To enter into agreements and undertakings with the commissioner (including guaranty agreements and supplemental guaranty agreements as described in the federal Act) as may be required and necessary pursuant to the federal Act in order to administer the educational loan program in Georgia, to provide for reimbursement by the commissioner of amounts expended by

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the corporation in discharge of its guaranty obligations, to provide for the payment of federal interest subsidies and special allowance payments in respect of educational loans guaranteed by the corporation, and to provide for its receipt or receipt by the holders of educational loans guaranteed by the corporation of administrative allowances and other benefits available under the federal Act; and the corporation is hereby expressly authorized to constitute, conduct, regulate, and administer the Georgia Educational Loan Program so that such program conforms to the specifications for state educational loan guarantee programs set forth in Sections 428(b)(1), 428(c)(1), 428-l(a)(l), and 428-l(a)(2), among others, of the federal Act, and in rules and regulations promulgated pursuant to the federal Act, and so that the provisions for agreements between the commissioner and state guaranty agencies set forth in Sections 428(b)(2), 428(c)(2), and 428-l(d), among others, of the federal Act, and in rules and regulations promulgated pursuant to the federal Act, may be agreed to and complied with by the corporation.
(4) To adopt rules and regulations pertaining to guaranteed educational loans and loan guaranties.
(5) To provide and issue loan guaranties evidencing the guaranty, upon such terms and conditions as the corporation may prescribe within limitations provided by this Code chapter and the federal Act, of educational loans to be made by lenders, except that no loan guaranty shall be issued unless the educational loan to be made shall be the subject of agreements under the federal Act providing for reimbursement by the commissioner of amounts expended by the corporation to discharge any guaranty obligation in respect of the loan guaranty, to the maximum extent available at the time under the federal Act.
(6) To administer federal funds allotted to the corporation or to the state in respect of educational loans guaranteed under the federal Act, related matters, and related administrative costs.
(7) To enter into contracts and agreements with lenders upon such terms and conditions as may be prescribed by the corporation, or otherwise agreed upon between the corporation and the lender, consistent with the provisions of this Code chapter, the federal Act, and agreements entered into between the corporation and the commissioner.

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(8) To provide for lenders obtaining cosigners on loans subject to limitations prescribed in the federal Act.
(9) To provide for additional security on loans subject to limitations prescribed in the federal Act.
(10) To provide for the consolidation of promissory notes evidencing loans guaranteed under this Code chapter without affecting the guaranty of the corporation thereon.
(11) To enter into contracts and agreements with schools upon such terms and conditions as may be prescribed by the corporation, or otherwise agreed upon between the corporation and the school, consistent with the provisions of this Code chapter, the federal Act, and agreements entered into between the corporation and the commissioner.
(12) To require that schools located in the state shall designate one or more persons who shall be responsible for receiving and controlling, and disbursing or delivering as the case may be, student aid checks or funds that are required to be or which may optionally be disbursed to, delivered to, or otherwise provided to the school, under this Code chapter, for further disbursement or delivery to students enrolled therein and to provide for matters relative thereto.
(13) To require, in its discretion, that schools located in the state, or with approval of the corporation a combination thereof jointly, shall provide fidelity bond coverage of school employees who have access to checks or funds that may be routed through the school under this Code chapter to students enrolled therein, in such sums and conditioned in such respects and as to the insured as may be reasonably necessary to protect the interests of the corporation and of lenders, and to provide for matters relative thereto.
(14) To limit the applicability of designated rules and regulations to schools located within this state, or within this state and states bordering on this state, in that the preponderant majority of students for whom loans are guaranteed under this Code chapter are attending schools located within such states.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(15) To provide for the application of school refunds to educational loan indebtedness incurred under this Code chapter, consistent with the requirements of any other federal or state law, rule, or regulation which provides financial aid to students and for the application of school refunds relative to those programs.
(16) To approve, disapprove, limit, suspend, or terminate the participation of a school or a lender in the educational loan program administered by the corporation, consistent with the provisions of this Code chapter, the federal Act, and agreements entered into between the corporation and the commissioner, and to provide for such formal and informal procedures in regard thereto as may be appropriate.
(17) To collect from borrowers or cosigners all amounts owed in respect of educational loans on which the corporation has been required to meet its loan guaranty obligation following the inability of the holders of such loans to collect such amounts and to provide for all matters relative thereto.
(18) To provide for the classification of loans purchased from lenders in accordance with the status of borrowers and the current apparent collectibility status of such loans from borrowers; and, consistent with provisions of the federal Act and with the approval of the commissioner whenever such approval is required, to consent to the modification of the terms of a note; to compromise, satisfy, and settle loan amounts due (as to which federal reinsurance payment has been received by the corporation) for less than the amount due thereon; and to waive or release any right, title, claim, equity, lien, or demand relative to a borrower or to any asset, however acquired, whenever deemed to be necessary or best protective of the financial interests of the corporation and the United States; provided, however, that no claim or right of the corporation to payment of any amount due which is the result of an expenditure made by the corporation from funds appropriated by the General Assembly for use by the corporation may be compromised, satisfied, settled, waived, or released for less than the principal amount due without the approval of the Attorney General.

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(19) To require that reports, in such form and containing such information as the corporation may prescribe, be furnished to the corporation by schools and lenders as it may deem necessary for the effective performance of its powers, duties, and functions under this Code chapter and the federal Act.
(20) To prescribe minimum information that must be included in any oral or printed information, announcement, communication, or material that is (A) published or otherwise disseminated by, for, or on behalf of a lender relative to educational loans provided for in this Code chapter, or (B) published or otherwise disseminated by any person, corporation, association, partnership, or other organization engaged in this state in the business of providing, in consideration of the receipt therefor of a fee, commission, charge, or other valuable consideration from any source (contingent or otherwise), to students or parents of students information about or assistance in applying for or obtaining educational loan assistance under the provisions of this Code chapter.
(21) To require that such administrative and fiscal procedures be used by the corporation, lenders, and schools as may be necessary to protect the corporation and the United States from the risk of unreasonable loss and to insure proper and effective administration of the program.
(22) To keep and maintain, and to require that lenders and schools keep and maintain, such records as may be required by this Code chapter, the federal Act, or determined by the corporation to be necessary for proper and efficient administration of the program, and that the same be made available to employees of the corporation and the United States for examination and inspection as may be necessary or appropriate.
(23) To secure data, except where specifically prohibited by state or federal law, from any state agency, department, instrumentality, political subdivision of the state, or from any other source, for the purpose of verifying information submitted by a student or a parent when applying for or receiving educational loan assistance under this Code chapter and to pay costs incurred by the provider of such data.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(24) Except where specifically prohibited by state or federal law, the corporation is authorized to obtain from, and each state agency, department, instrumentality, and political subdivision of the state is authorized and directed to provide to the corporation upon its request, information contained in its records relative to the present or last known address and telephone number of a borrower or cosigner, identified to the provider by name and social security number, and to pay costs incurred by the provider of such information.
(25) To restrict or broaden definitions and provisions contained in this Code chapter and the federal Act, consistent, however, with limitations imposed by the federal Act.
(26) To provide for and administer an educational loan escrow disbursement system for the benefit and protection of lenders, students, the corporation, and the United States, and to provide for all matters relative thereto, consistent with the federal Act.
(27) To gather information on all educational loan funds available from any source to residents of the state and to disseminate such information through such methods of mass or individual communication as may be necessary to better assure that students and parents are aware of the availability of such loan resources.
(28) To receive funds from any source, public or private, by gift, grant, bequest, loan, or otherwise, either absolutely or in trust, and to hold, use, administer, and expend the same on its behalf and for any of its corporate purposes; and to acquire from any source, public or private, by purchase, lease, gift, bequest, or devise, any property, real, personal, or mixed, either absolutely or in trust, and to hold, use, administer, and dispose of the same on its behalf and for any of its corporate purposes.
(29) To provide procedures for the filings hearing,1 and determination of an appeal made by an aggrieved party of a decision made by the corporation in the administration of the program, and for all matters relative thereto.

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(30) To enter into agreements and undertakings as may be necessary or appropriate in the exercise of its powers, duties, and functions under this Code chapter and the federal Act.
(31) To perform such other acts as may be necessary or appropriate to carry out effectively the purposes of the corporation under this Code chapter and the federal Act.
(32) To adopt an official seal and alter the same at its pleasure.
(33) To maintain a principal office and such other offices as may be appropriate.
(34) To adopt bylaws and policies for the regulation of its affairs and the conduct of its business.
(35) To sue and be sued in the name of the corporation and to Dlead and be impleaded.
(b) If any conflict exists between the provisions of this Code chapter and the federal Act or any rules or regulations promulgated thereunder, which conflict will result in a loss by the corporation of any federal funds or other funds that would otherwise be available to it for carrying out its purposes under this Code chapter, including, but not by way of limitation, federal and other funds available to the corporation under the federal Act as administrative cost allowances, as retainage of a portion of moneys collected from borrowers, cosigners, or others on guaranteed loans purchased from lenders or holders by the corporation, and as reimbursement for amounts paid by the corporation in the discharge of its guaranty obligations, the corporation is authorized, empowered, and directed to adopt appropriate rules, regulations, and policies, consistent with the federal Act, to remove such conflict and thereby to provide for the receipt or retainage of such funds; provided, however, that such rules, regulations, or policies are not in derogation of the Constitution or laws of this state (other than such provisions of this Code chapter) or any contract to which the corporation is a party and are wholly in conformity with the purposes of the corporation as set forth in this Code chapter.

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(c) To the extent that the provisions of this Code chapter are inconsistent with the provisions of any other state, general, or special law, rule, or regulation, the provisions of this Code chapter shall be controlling.
32-3308. Accounting system; use of agency funds to pay operating expenses; payments to the commission. The corporation shall maintain a system of accounts in accordance with generally accepted accounting procedures, and standard accounting procedures and systems established by the state where applicable, which shall, among other things, properly identify and account for all funds received by the corporation, the source of receipt of such funds, and all expenditures of the corporation. Agency, federal, and other funds of the corporation, determined to be available for such purposes, may be used to discharge any guaranty obligation of the corporation, to pay any state interest subsidy and lender discount payment obligations of the corporation, and to pay expenses and operating costs incurred by the corporation, including payments to the commission to defray expenses and operating costs of the corporation paid or to be paid by the commission for or on behalf of the corporation. No funds of the corporation shall lapse to the state as of the close of any fiscal year.
32-3309. Status of loan guaranties. Loan guaranties issued under the provisions of this Code chapter shall not be deemed to constitute a debt, liability, or obligation of, or a pledge of the faith and credit of, the state but shall be payable solely from revenues or assets of the corporation provided for such payment pursuant to Code Section 32-3317(a). No director or officer of the corporation shall be subject to any personal liability or accountability by reason of the issuance of loan guaranties by the corporation.
32-3310. Conditions of loan guaranties. The guaranty of the corporation on an educational loan made under this Code chapter is conditioned upon exercise by the lender, and by any subsequent holder of the loan, as may be applicable, of due diligence in the making of the loan, in the servicing of the loan account, and in the collection of the loan, in accordance with provisions of the federal Act and this Code chapter.
32-3311. Guaranty fee. The corporation is authorized to charge and collect insurance premiums on loans in accordance with

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the provisions of the federal Act and to provide for all matters relative thereto. In the administration of the program, the insurance premium charged may be indentified and referred to as a `guaranty fee.' Guaranty fees collected by the corporation shall be credited to the corporation's loan guaranty fund.
32-3312. (Reserved)
32-3313. Lender interest billings and reports to the commissioner; use of state funds, (a) Corporation services. Pursuant to the federal Act, each lender must submit to the commissioner such reports as he may require, and must prepare and submit billings for the payment of federal interest subsidies and special allowances due the lender on loans held by the lender, and the federal Act provides for payment of the same by the United States on behalf of borrowers during the in-school, grace, and deferment periods of time. The corporation is not required but is hereby authorized, pursuant to its regulations and the terms of an agreement between it and a lender, but subject to any limitations imposed by the federal Act, to prepare, without charge to the lender, the lender's periodic billings for federal interest subsidies and special allowances due on loans held by the lender, and to submit the same on behalf of the lender to the commissioner for payment by the United States directly to the lender, or to the corporation for and on behalf of the lender, and is further authorized, but not required, to prepare and submit on behalf of lenders any statistical type of report required of lenders by the commissioner. Interest billings and reports prepared and submitted on behalf of a lender pursuant to this Code section shall be prepared on the basis of individual borrower account records of the lender, as reflected on the records of the corporation as a result of loan transaction data reported to the corporation by the lender, but without warranty by or liability therefor of the corporation. A copy of each interest billing submitted to the commissioner on behalf of a lender, including a copy of the corporation's computation of interest and allowances due the lender and the lender's loan transaction and account data on which the computation is made, shall be furnished to the lender upon payment thereof and the lender shall be responsible therefor. It shall be the duty of each such lender to audit the same for completeness and accuracy, post payments received to its records, and to report any correction of loan transaction data to the corporation so that the corporation's records can be corrected and so that any interest adjustment that needs to be made can be made 28

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on the next subsequent interest billing prepared for the lender. Any overpayment of federal interest subsidies or special allowances to a lender on behalf of a borrower by the United States, or of state interest subsidies or loan discount payments by the state, and repayment thereof, shall be the responsibility of the borrower or the lender. Services provided for a lender by the corporation under this section are hereby declared to be purely clerical and ministerial only and provided to the lender without charge as a convenience to the lender.
(b) Use of state funds. In the event the United States makes the federal payments referred to in subsection (a) of this section to lenders through the corporation, the corporation is authorized, in order to accelerate and pay the same to lenders as early as possible after the end of each calendar quarter, to use temporarily for this purpose any available state funds that have been appropriated for use by the corporation during the current fiscal year, and state funds that have been appropriated for use by the authority during the current fiscal year which the authority may temporarily transfer to the corporation for use by the corporation for this purpose, pending receipt by the corporation of the payment from the United States, and the transfer of such authority funds back to the authority by the corporation.
32-3314. State interest subsidy payments for student borrowers. The corporation is authorized to pay to the lender, on behalf of a student borrower and out of the corporation's state interest and loan discount fund, interest accruing on a loan guaranteed by the corporation which is not eligible for payment of the federal interest subsidy provided for in Section 428 of the federal Act; provided, however, that no loan shall be guaranteed and no such interest shall be paid by the corporation unless the loan is eligible for federal reinsurance and federal special allowance payments pursuant to the federal Act and unless the state has appropriated funds for use by the corporation for the purposes of this section and that such appropriated funds plus funds then in and projected to become available to the corporation's state interest and loan discount fund are deemed to be sufficient to enable the corporation to meet its state interest subsidy and loan discount payment obligations to become due and payable during the period of any fiscal year for which the General Assembly has already enacted an appropriations Act. Interest accruing and payable on a nonfederally subsidized loan guaranteed pursuant to

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this section shall thereafter be payable by the corporation at the same times, in the same manner, and during the same periods of time as the federal interest subsidy is otherwise payable on federally subsidized loans pursuant to the federal Act. Interest paid on behalf of a student borrower under this section is hereby declared to be a loan to the student by the state under this Code chapter and guaranteed by the corporation as to repayment by the student in the same manner as if such federally nonsubsidized interest had been deferred and capitalized by the lender holding the underlying loan. The loan of interest made on behalf of a student borrower under this section must be repaid by the student borrower by virtue of the provisions of this section and pursuant to provisions set forth on the promissory note executed by the student evidencing the underlying loan. Such interest loan may be repaid by the student, without interest accruing thereon, at any time before maturity of the underlying loan, but shall in any event be repayable in full, without interest thereon, upon maturity of the underlying loan, or thereafter, without interest thereon, in monthly installments agreed to by the corporation. Interest loans repaid to the corporation pursuant to this section and the underlying promissory note shall be credited to the corporation's state interest and loan discount fund for further use by the state for purposes of that fund as provided for in subsequent appropriations Acts of the General Assembly. Failure by a student to repay an interest loan owed to the state under this section when due shall constitute a default thereon, subject to any forbearance granted to the student by the corporation on behalf of the state, and may thereafter be paid as a default at any time by the corporation; but any default by a student in the payment of an interest loan shall not constitute a default by the student to the lender on the underlying loan. The right of the corporation to collect an interest loan due and owing by a student to the state under this section is not subrogated to the right of the lender to collect the underlying loan, nor to the right of the corporation to collect any amount becoming due to the corporation on the underlying loan.
32-3315. Loan discount payments to lenders. In order to provide an additional incentive to lenders to broaden their participation in the Georgia Educational Loan Program, and better to assure lenders of receiving a competitive yield on educational loans made under this Code chapter, the corporation is authorized to pay to lenders, other than lenders who are schools, a loan discount fee to partially offset initial costs incurred by lenders in interviewing bor-

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rowers and in processing borrower applications for loan guaranty. The loan discount payment hereby authorized shall be equal to a percentage of the amount of guaranteed loan principal disbursed to a borrower, to be determined and fixed by the corporation; provided, however, that the amount of the loan discount payment shall not exceed 2 percent of the amount of guaranteed loan principal disbursed to the borrower; and provided, further, that the corporation shall not make a commitment to lenders to make loan discount payments under this section unless the state has appropriated funds for use by the corporation for the purposes of this section and that such appropriated funds plus funds then in and projected to become available to the corporation's state interest and loan discount fund are deemed to be sufficient to enable the corporation to meet its state interest subsidy and loan discount payment obligations to become due and payable during the period of any fiscal year for which the General Assembly has already enacted an appropriations Act.
32-3316. (Reserved)
32-3317. Funds of the corporation. There are hereby created, but not by way of limitation, the following special funds for the purposes prescribed, (a) Loan guaranty fund. A loan guaranty fund shall be maintained for the security of holders of loans guaranteed by the corporation. The corporation is authorized to guarantee loans pursuant to this Code chapter without limitation; provided, however, that the amount of outstanding principal of loans guaranteed plus the principal amount of loans guaranteed but not yet disbursed nor canceled shall not at any time exceed 15 times the loan guaranty fund balance. In determining the amount of loan principal that may be guaranteed at any time by the corporation, however, there shall be excluded from the computation of the required loan guaranty fund balance 80 percent of the amount of outstanding principal of loans guaranteed and 80 percent of the principal amount of loans guaranteed but not yet disbursed nor canceled which are reinsured by the United States pursuant to the federal Act. There shall be credited to the loan guaranty fund all moneys required by law to be credited to the fund, and other moneys available for and determined by the corporation to be credited to the fund, for the purpose of providing security to the holders of loans guaranteed by the corporation, and other purposes authorized in accordance with this Code chapter and the federal Act. The fund

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shall be prudently invested by the corporation to the maximum extent possible, subject to requirements of the federal Act, and all income derived from investment of the fund shall be credited to the fund. Other income, property, and property rights acquired by the corporation as a result of administration of the fund shall be credited to and become an asset of the fund. There shall be paid out of the loan guaranty fund all amounts expended by the corporation in discharge of its guaranty obligations, and such other amounts determined by the corporation to be properly payable from the fund. Guaranty fees collected and credited to the fund, and income derived from investment of the fund (except as limited by the federal Act), may be transferred to the administration fund. Any depreciable or other substantial asset acquired by the corporation through the use of moneys first credited to the loan guaranty fund shall be deemed to be an asset of and a part of the fund.
(b) Administration fund. An administration fund shall be maintained for administration purposes of the corporation, to which shall be credited state moneys, federal moneys, moneys transferred from the loan guaranty fund or the state interest subsidy and loan discount fund, and other moneys, available for and determined by the corporation to be applied for the purpose of paying administration costs of the corporation. The corporation is authorized to pay from the fund to the commission such amounts as may be necessary to cover administration costs of the corporation paid or to be paid by the commission for or on behalf of the corporation. Moneys in the administration fund may be transferred to the loan guaranty fund or to the state interest subsidy and loan discount fund if not prohibited by the federal Act.
(c) State interest subsidy and loan discount fund. A state interest subsidy and loan discount fund shall be maintained by the corporation for the purpose of making state interest subsidy and loan discount payments to lenders pursuant to Code Sections 32-3314 and 32-3315. State funds appropriated for use by the corporation in making such payments to lenders, collections of state interest subsidy loans previously made from the fund on behalf of student borrowers pursuant to Code Section 32-3314, moneys transferred to the fund from the administration fund or the loan guaranty fund not in conflict with the federal Act, and other moneys available for and determined by the corporation to be applied for the purpose of making such state interest subsidy and loan discount payments to

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lenders, shall be credited to and become a part of the fund. In the event that state interest subsidy and loan discount payments to lenders as provided for in this Code chapter shall be terminated, any remaining fund balance, after payment of outstanding obligations of the fund, shall be transferred to the administration fund.
32-3318. School rights not vested. No school, and no class, type, or group of `eligible institutions,' as such term is defined in Section 435 of the federal Act, shall have a vested right to be approved by the corporation as a `school' for purposes of the Georgia Educational Loan Program, except in accordance with rules and regulations prescribed by the corporation.
32-3319. Certain lender rights not vested. No lender, and no class, type, or group of `eligible lenders,' as such term is defined in Section 435 of the federal Act, shall have a vested right to be approved by the corporation as a `lender' for purposes of the Georgia Educational Loan Program, except in accordance with rules and regulations prescribed by the corporation.
32-3320. Loan commitment agreements. If a lender enters into an agreement in writing with any person who resides in this state, for which payment to the lender of a valuable consideration is involved (other than receipt by the lender of any income that may be received pursuant to provisions of law on an educational loan made or to be made by the lender under this Code chapter or the federal Act), pursuant to the terms of which the lender obligates itself to make an educational loan under this Code chapter or the federal Act to such person or to any other party at the present or any future date in accordance with the terms of the agreement, the lender shall, within 30 days after the date of the agreement, inform the corporation in writing of the agreement and the date of the agreement, of the name and the mailing address of the person who entered into the agreement with the lender, and of the number of persons who pursuant to the terms of the agreement may have a present or a future right thereunder, contingent or otherwise, to obtain such an educational loan from the lender. If a lender has any such agreements in force on the effective date of this Code chapter with persons who then reside in this state according to the records of the lender, the lender shall furnish the above-prescribed data relative to each such agreement to the corporation within 90 days after the effective date of this Code chapter. The corporation

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shall, within 20 days after receipt from a lender of the above-prescribed data relative to each such agreement, mail to the person who entered into the agreement with the lender a written statement relative to laws which govern educational loans made under this Code chapter and the federal Act, and such additional facts regarding the educational loan program in this state and the lender's participation in the program as a lender, as the corporation deems sufficient to adequately inform such person of such laws and facts, and maintain appropriate records pertaining thereto. The corporation is hereby authorized to charge an administration fee to the lender for each report of prescribed data relative to each such agreement entered into and reported by the lender to the corporation to cover administration costs incurred and to be incurred by the corporation in the performance of its duties under this section, and in the maintenance of appropriate records pertaining thereto, but such charge shall not exceed $5.00 for each such agreement entered into and reported by the lender to the corporation. In the event that an agreement previously entered into and reported by a lender to the corporation pursuant to this section is subsequently terminated or otherwise becomes no longer in force or effect as between the lender and the other party to the agreement, the lender shall promptly report such fact to the corporation in writing.
32-3321. Nonpermissible relationships. It shall not be permissible for any stockholder, director, officer, employee, agent, commissioned salesman, consultant, or other person in the employment of, or who for a valuable consideration serves the interests of, a lender or a school in this state, or the corporation, the commission or the authority, to be engaged in this state in the business of providing, or to have any financial interest in any corporation, association, partnership, or other organization that is engaged in this state in the business of providing, in consideration of the receipt of a fee, commission, charge, or other valuable consideration from any source (contingent or otherwise), to students or parents of students information about or assistance in applying for or obtaining educational loan assistance under the provisions of this Code chapter.
32-3322. Lender and school audits; program reviews; corrective actions. The corporation is authorized to examine and audit accounts and records of lenders and schools relative to educational loans guaranteed by the corporation, and to conduct program reviews with appropriate officers and personnel of lenders and

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schools, as may be necessary or appropriate to assure compliance by all parties with provisions of this Code chapter and the federal Act, and to take or require that such corrective, remedial, or preventive actions be taken as may be necessary or appropriate to protect the interests of the corporation, the United States, lenders, schools, present and future borrowers, and the public at large.
32-3323. Sale, pledge or assignment of educational loans. A lender may sell loans guaranteed by the corporation, or an interest in such loans, to another lender only in accordance with regulations of the corporation; and in such event the guaranty liability of the corporation on such loans or interests therein shall not be affected. A lender may pledge or assign loans guaranteed by the corporation, or an interest in such loans, as security to pledgees or assignees only in accordance with regulations of the corporation; and in such event the guaranty liability of the corporation on such loans or interests therein shall not be affected.
32-3324. Contracted servicing of loans. The servicing or collection of educational loans held by a lender may not be contracted to any other lender, person, or entity except in accordance with rules and regulations of the corporation.
32-3325. (Reserved)
32-3326. Contributions deductible for tax purposes. Notwithstanding the provisions of any general or special law, or the provisions of any certificate of incorporation, charter, or other articles of organization, all domestic or domesticated corporations, associations, and other taxable entities carrying on business in this state, and any person, is hereby authorized to make contributions of money, property, or other thing of value to the corporation for any of its corporate purposes, and the value thereof shall be allowed as a deduction in computing the taxable income of the donor for the purpose of any income tax imposed by the state or by any political subdivision of the state.
32-3327. Exemption of the corporation from taxation. In that the corporation is a duly created public authority and political subdivision of the state and is performing essential governmental functions in the exercise of its corporate purposes, the state hereby covenants with the holders of educational loans guaranteed by the cor-

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poration that the corporation shall not be required to pay and shall be exempt and free from the payment of any taxes and assessments to the state or to any county, municipality, or other political subdivision of the state upon any property acquired by it or held under its jurisdiction or control, whether real, personal, or mixed; upon any loan guaranty or other obligation, agreement, or evidence of indebtedness issued or entered into by it pursuant to this Code chapter; upon the transfer by any holder to the corporation or by the corporation to the United States or to any other person or entity of the ownership of any obligation or evidence of indebtedness entered into or executed by any party pursuant to this Code chapter; or upon any moneys or income received or held by the corporation. The exemption from taxation herein provided shall not, however, extend to nor include any exemption from sales and use taxes on property purchased by or for the use of the corporation.
32-3328. Exemption of lenders from certain taxation. One-half of the outstanding principal amount of loans guaranteed by the corporation and owned by a lender as of January 1 each year shall be deductible from the assets of the lender when determining the value of shares of the lender, or when determining the net worth of the lender, for purposes of any ad valorem taxation imposed on the lender by the state or by any political subdivision of the state. All income earned by a lender on loans guaranteed by the corporation shall be exempt and free from any type of income tax imposed on the lender by the state or by any political subdivision of the state. It shall be the duty of all revenue and tax officials of the state and of political subdivisions of the state to enforce and give full force and effect to the provisions of this section and to the intent, hereby expressed, of the General Assembly better to assure, through this means, the accessibility of educational loan funds to local citizens and persons from local lending institutions.
32-3329. (Reserved)
32-3330. Conflicts of interest. If any director, officer, or employee of the corporation shall be interested, either directly or indirectly, or shall be a director, officer, or employee of or have an ownership interest in (other than a noncontrolling stockholder interest, or the substantial equivalent thereof, in a lender or school) any firm or corporation interested, directly or indirectly, in any contract with the corporation (except any agency, instrumentality, or politi-

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cal subdivision of the state), such interest shall be disclosed to, and shall be set forth in the minutes of, the corporation, and the director, officer, or employee having such interest therein shall not participate on behalf of the corporation or such party in the negotiation or the authorization of the contract. No provision of this Code chapter, other than Code Section 32-3335, shall be construed, however, to prevent any otherwise eligible director, officer, or employee of the corporation, or member of his family, from being eligible to apply for and receive educational loan assistance under this Code chapter.
32-3331. (Reserved)
32-3332. (Reserved)
32-3333. Capacity regardless of age. For the purpose of applying for, receiving, and repaying any educational loan under the provisions of this Code chapter, all persons of any age shall be deemed to have full legal capacity to act and shall have all the rights, powers, privileges, and obligations of a person of legal age with respect thereto; and any person otherwise qualifying to receive an educational loan hereunder shall not be disqualified by reason of age.
32-3334. Residency. In accordance with the national scope and intent of the United States relative to educational loans as expressed in the federal Act, the term `resident of the state' as used in Code Section 32-3303(17) shall be liberally construed by the corporation, and lenders and the corporation are hereby authorized to accept and rely upon a student's or parent's sworn certification of his or her state of legal residence unless the lender or the corporation have and are aware of knowledge to the contrary.
32-3335. Eligibility of students in default for other state student assistance. Any student who is indebted to the corporation on a defaulted educational loan obtained under this Code chapter shall not be eligible to apply for or receive educational financial assistance available under the provisions of any other state-funded student financial aid program unless the student has made arrangements, satisfactory with the corporation, for the payment of such indebtedness and is in and remains in compliance with such arrangements, or unless the corporation, for reasons which the cor-

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poration deems to be justifiable, determines that the existence of the indebtedness to the corporation should not be a bar to the student's applying for and receiving such other state student financial aid assistance.
32-3336. Corporation assigned to the commission. The Georgia Higher Education Assistance Corporation created by Code Section 32-3304(a) is hereby assigned to the Georgia Student Finance Commission created by Code Section 32-3104(a) for administrative purposes as prescribed in Section 3 of Chapter 1 of the reorganization Act.
32-3337. Termination and dissolution. The corporation and its corporate existence shall continue until terminated by law; provided, however, that no such law shall take effect so long as the corporation shall have obligations outstanding unless adequate provision has been made for the payment thereof and the holders of all such obligations agree to such provision. The provisions of this section shall be for the benefit of the holders of all such obligations and shall constitute a contract with the holders of such obligations. Upon dissolution of the corporation, all of its assets, rights, and properties shall pass to and be vested in the state to be used for educational purposes.
32-3338. Venue. The venue for any legal proceeding brought against the corporation shall be Fulton County, Georgia, regardless of the county in which the principal office or any other office of the corporation may be located.
32-3339. General banking or insurance business. Nothing contained in this Code chapter shall be construed to mean that the corporation is engaged in or is empowered to engage in the general banking or general insurance business.
32-3340. Operations reports. The corporation is authorized to publish annually, or at more or less frequent intervals determined by the board, an operations report covering the activities of the corporation, including, without limitation, a reporting of revenues and expenditures of the corporation and a statement of the financial condition of the corporation, and to furnish copies of the same to the Governor, members of the General Assembly, and to other public and private persons and agencies as it may deem appropri-

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ate. If operations reports are published on an annual basis, the corporation is authorized to publish the same on a state fiscal year, federal fiscal year, or calendar year basis.
32-3341. Audit. The state auditor shall make an annual financial audit of the books, accounts, and records of the corporation. The state auditor shall maintain a copy of the audit report on file in his office, make copies of the report available for inspection by the general public, and furnish a copy of the report to the corporation, to members of the board of directors of the corporation, to the Governor, and to members of the General Assembly."
Section 3. Code Title 32, relative to education, as amended, is hereby amended by adding thereto a new Code chapter to be designated Code Chapter 32-37 to read as follows:
"CHAPTER 32-37 Georgia Student Finance Authority
ARTICLE 1 General Provisions
32-3701. Short title. This Code chapter shall be known and may be cited as the `Georgia Student Finance Authority Act.'
37-3702. Legislative findings and purpose, (a) Legislative findings. The General Assembly finds that the growth and development of this state and nation has been and will undoubtedly remain strongly related to the degree to which educational opportunities are provided to all of its citizens; recognizes that costs associated with postsecondary educational opportunities are substantial when considered in relation to the average earnings and wealth of most Georgia families and that such costs are in many cases prohibitive; and determines that it is a valid public purpose to promote the educational level of achievement of citizens of and of persons in this state, and the welfare and general prosperity of the state as a whole, by creating the Georgia Student Finance Authority, a public authority, for the purpose of providing educational scholarship, grant, and loan assistance to such citizens and persons. The General Assembly further finds that substantial investments of public and private moneys have been made and will undoubtedly continue to be made in the construction, development, and operation of public and private postsecondary educational institutions throughout the state;

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that such postsecondary educational institutions are of immense value to the state in that they promote the general welfare and the economic and cultural development and prosperity of the state and all its citizens; that it is in the public interest to sustain such institutions; and, therefore, that the provision of educational scholarship, grant, and loan assistance to citizens and persons who desire to attend such educational institutions will be of substantial financial benefit to those institutions and will better ensure their continued economic viability and value to the state. The General Assembly therefore determines that public moneys may within the provisions of the Constitution of Georgia be appropriated for use by the authority for the student aid purposes prescribed in this Code chapter, and that the carrying out by the authority of its corporate powers, duties, and functions as provided for in this Code chapter is in all respects a necessary and valid public purpose within the provisions of the Constitution of the state.
(b) Legislative purpose. The purpose of the authority shall be to improve the higher educational opportunities of citizens of and of persons in this state by providing to them educational scholarship, grant, and loan assistance as prescribed and as provided for in this Code chapter.
32-3703. Definitions. For purposes of this Code chapter, the following terms shall have the meanings respectively prescribed for them by this section whenever such terms are used in any article of this Code chapter:
(1) `Authority.' The Georgia Student Finance Authority created by Code Section 32-3704.
(2) `Board.' The board of directors of the Georgia Student Finance Authority.
(3) `Authorized officer.' The chairman, vice-chairman, executive director (or president), treasurer, secretary, or other person authorized by this Code chapter, resolution of the board, agreements entered into by the board or the authority, or bylaws of the authority, to act as an authorized officer of the authority for any prescribed purpose.

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(4) `Commission.' The Georgia Student Finance Commission created by Code Section 32-3104.
(5) `Corporation.' The Georgia Higher Education Assistance Corporation created by Code Section 32-3304.
(6) `State.' The State of Georgia.
(7) `Reorganization Act.' The `Executive Reorganization Act of 1972' (Ga. Laws 1972, p. 1015), as amended.
(8) `Federal Act.' All provisions of the United States Higher Education Act of 1965 (P.L. 89-329), as amended, relative to state programs of low-interest, guaranteed educational loans to students and parents, including rules and regulations prescribed by the commissioner pursuant thereto.
(9) `Code Chapter.' This Code Chapter 32-37 of the Georgia Code, as amended, including rules and regulations prescribed by the board pursuant thereto.
(10) `Commissioner.' The United States Commissioner of Education or any official succeeding to the powers of such commissioner under the federal Act.
(11) `Lender.' A `lender' as defined in Code Section 323303(13).
(12) `Guaranty agency.' The Georgia Higher Education Assistance Corporation.
(13) `Loan guaranty.' The document or endorsement issued by the corporation as evidence of the guaranty by the corporation of an educational loan to be made by a lender to an eligible student or eligible parent. The term `guaranty' when used in this Code chapter shall have the same meaning as `insurance' as such term is used in the federal Act and be synonymous therewith.
(14) `Loan' or `educational loan.' An obligation representing advances of money by a lender to an eligible student or eligible parent evidenced by one or more promissory notes, on

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note forms prescribed by the corporation, as to which the payment of principal and interest is fully guaranteed by the corporation pursuant to Code Chapter 32-33, as evidenced by one or more loan guaranties issued by the corporation, and reinsured by the commissioner to the maximum extent permitted under the federal Act, but in any event so reinsured for not less than 80 percent of principal and interest. In the event of the purchase and sale or the pledge or assignment of such loans, or a participating interest in such loans, the term shall include contingent interests, security interests, pledges, commitments, choses in action, or other property interests in such loans.
(15) `Parent' or `eligible parent.' A parent of an eligible student who qualifies for an educational loan under the federal Act and regulations prescribed by the corporation and by the authority.
(16) `Borrower.' An eligible student or eligible parent who has obtained an educational loan under this Code chapter or from a lender under Code Chapter 32-33.
(17) `Federal interest subsidies.' The interest subsidy payments on educational loans provided for in Section 428 of the federal Act.
(18) `Special allowance payments.' The special allowance payments on educational loans provided for in Section 438 of the federal Act.
(19) `Guaranty fee.' The insurance premium charge on educational loans authorized by Code Section 32-3311.
(20) `Directory information.' The present or last known name, address, and place of employment, social security number, telephone, school enrollment status, academic classification and standing, actual or anticipated date of graduation, withdrawal from or transfer to another school, other educational loan indebtedness, other financial aid available to, and other similar data, as the case may be and as may be applicable to, an applicant for or the recipient of scholarship or grant assistance under this Code chapter, or to a borrower, cosigner, or personal or credit reference named on an application for loan guaranty

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submitted to a lender under Code Chapter 32-33, and the spouse thereof.
32-3704. Georgia Student Finance Authority created, (a) There is hereby created a public authority, a body corporate and politic, to be known as the Georgia Student Finance Authority, which shall be deemed to be an instrumentality and a nonprofit public corporation of the state.
(b) The Georgia Student Finance Authority created by subsection (a) of this section shall be the successor to and a continuation of, without interruption, the previously existing Georgia Higher Education Assistance Authority created by an Act approved April 25, 1969 (Ga. Laws 1969, p. 683), as amended. The change of the name of the Georgia Higher Education Assistance Authority to the Georgia Student Finance Authority and its continuation, as provided herein, shall in no way affect any existing obligations, liabilities, or rights of the previously existing Georgia Higher Education Assistance Authority. All such obligations, liabilities, and rights are hereby transferred to, vested in, and assumed by the Georgia Student Finance Authority created by subsection (a) of this section. All existing contracts and agreements between any party and the previously existing Georgia Higher Education Assistance Authority shall not be affected hereby but shall continue in full force and effect, without interruption, as contracts or agreements between such party and the Georgia Student Finance Authority created by subsection (a) of this section.
(c) Right, title, interests in and ownership of all assets of the previously existing Georgia Higher Education Assistance Authority are hereby transferred to and vested in the Georgia Student Finance Authority created by subsection (a) of this section; provided, however, (1) that educational loan accounts (other than educational loan trust fund account moneys), moneys collected thereon, income earned thereon, state funds appropriated therefor, moneys derived therefrom, and contracts, contract rights, and choses in action in respect thereof, shall be used by the authority for educational loan and operating expense purposes provided for in Article 3 of this Code chapter; (2) that educational loan trust fund accounts and moneys held by the authority shall continue to be used in accordance with the terms of agreements heretofore entered into in respect thereof; and (3) that all moneys heretofore appropriated by the state

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for use by the authority for the purpose of providing designated types of scholarship or grant assistance to students pursuant to provisions of law existing prior to the effective date of this Code chapter shall be used only for the purpose of providing the same type of designated scholarship or grant assistance to students in accordance with the provisions of this Code chapter relative to such designated scholarship or grant purposes.
32-3705. Board of directors; organization and conduct of affairs, (a) Board of directors. The authority shall be governed and all of its corporate powers, duties, and functions shall be exercised by a board of directors. The board of directors shall be composed of 15 members, who shall be the same persons who are serving and who shall serve as members of the board of commissioners of the Georgia Student Finance Commission pursuant to Code Section 323105. The executive director of the authority (or president, if designated by such title by the board) shall be an ex officio member of the board of directors. The board of directors of the authority provided for by this subsection shall be the successor to and a continuation of, without interruption, the board of directors of the previously existing Georgia Higher Education Assistance Authority. No director shall be eligible to become an officer or employee of the authority for a period of one year after expiration of the director's period of service as a director of the authority.
(b) Organization and conduct of affairs. The provisions of Code Sections 32-3105(c) through 32-3105(h), pertaining to the Georgia Student Finance Commission and relative to officers of the board, board meetings, executive committee, other committees, compensation of commissioners, and advisory councils, inclusively, are hereby incorporated by reference into this subsection of this section and shall apply to the board of directors of the authority in the same manner as if fully set out, with conformable language, in this subsection of this section. The board of directors of the authority shall organize and conduct its affairs in accordance with said provisions of law, providing, however, (1) that nothing herein shall be construed to mean that the board of directors of the authority must elect the same persons to serve as officers of the board of directors as are elected by the board of commissioners of the commission to serve as officers of the board of commissioners, (2) that no persons serving as a public commissioner of the commission, and thereby as a director of the authority, shall receive more than one

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day's per diem (plus actual expenses incurred) for one day's service or portion thereof rendered to the state, and (3) that the limitation as to the number of days during any fiscal year that per diem may be paid to a public commissioner of the commission shall be inclusive of services rendered by such person as a director of the authority.
32-3706. Authority officers and employees; bonds. The executive director of the commission (or president, if designated by such title by the board of commissioners) shall serve as the executive director (or president, if designated by such title by the board of directors) and chief executive officer of the authority. He shall provide for maintenance of accurate and permanent minutes and records of all proceedings and activities of the board and the authority and have authority and responsibility to implement and carry out all administrative powers, duties, and functions of the authority in accordance with governing state and federal laws and rules, regulations, and policies prescribed by the board. The treasurer of the commission shall serve as treasurer of the authority. He shall receive and disburse all funds made available to or for the use of the authority by the General Assembly or otherwise in accordance with law and as may be directed by the board. The secretary of the commission shall serve as secretary of the authority. Other officers of the commission who are assigned duties and responsibilities relative to the purposes of the authority may be designated as officers of the authority. The foregoing officers and all other employees, professional personnel, agents, experts, consultants, and persons employed or retained by the commission who are assigned duties and responsibilities relative to the purposes of the authority shall perform such assigned duties and responsibilities in accordance with the provisions of this Code chapter. Fidelity bond coverage of officers, employees, and members of the commission provided pursuant to the provisions of Code Section 32-3106(d) and covering such persons who are performing duties and responsibilities relative to the authority pursuant to this Code chapter shall also be conditioned as to the insured and in such respects and for such sums as the board determines necessary to protect the interests of the authority.
32-3707. Powers of the Authority. In addition to all other provisions of this Code chapter, as set forth in each article hereof, and in furtherance of the purposes of the authority, the authority shall have the following general powers, duties, and functions: (a) The author-

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ity shall establish and administer each student assistance program provided for in the respective articles of this Code chapter in accordance with the provisions thereof and all provisions of this Code chapter relative thereto, and pursuant thereto as further authorized:
(1) To adopt rules, regulations, and policies necessary, appropriate, or convenient for the administration of its affairs, the execution of its powers, duties, and functions, and the accomplishment of its corporate purposes, as prescribed in each article of this Code chapter.
(2) To receive all moneys made available by the General Assembly of Georgia or otherwise for the purposes of the authority and to use the same in accordance with the articles of this Code chapter.
(3) To administer federal funds allotted to the authority or to the state for use by the authority in respect of student financial aid programs provided for in federal laws, related matters, and related administrative costs.
(4) To enter into contracts and agreements with schools upon such terms and conditions as may be prescribed by the authority, or otherwise agreed upon between the authority and the school, not inconsistent with the provisions of this Code chapter, applicable state or federal law, or agreements entered into between the authority and any federal or state agency.
(5) To require that schools located in the state shall designate one or more persons who shall be responsible for receiving and controlling, and disbursing, delivering, or crediting to accounts as the case may be, student aid checks or funds that are required to be or which may optionally be disbursed to, delivered to, or otherwise provided to the school, under this Code chapter, for further disbursement, delivery, or credit to the account of students enrolled therein and to provide for matters relative thereto.
(6) To require that schools located in the state, or with approval of the authority a combination thereof jointly, shall provide fidelity bond coverage of school employees who have

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access to checks or funds that may be routed through the school under this Code chapter to students enrolled therein, in such sums and conditioned in such respects and as to the insured as may be reasonably necessary to protect the interests of the authority, and to provide for matters relative thereto.
(7) To provide for remittance to and proper application by the authority of school refunds to students who are recipients of financial assistance provided by the authority under the provisions of this Code chapter, consistent with the requirements of any other federal or state law, rule, or regulation which provides financial aid to students and for the application of school refunds relative to those programs.
(8) To limit, suspend, or terminate the participation of a school in any financial assistance program administered by the authority, in accordance with rules and regulations of the authority that are consistent with the provisions of this Code chapter, applicable state or federal laws, and agreements entered into between the authority and the school or any federal or state agency, and to provide for such formal and informal procedures in regard thereto as may be appropriate.
(9) To require that reports, in such form and containing such information as the authority may prescribe, be furnished to the authority by schools as it may deem necessary for the effective performance of its powers, duties, and functions under this Code chapter.
(10) To require that such administrative and fiscal procedures be used by the authority and schools as may be necessary to protect the financial interests of the authority and to insure proper and effective administration of programs administered by the authority.
(11) To keep and maintain, and to require that schools keep and maintain, such records as may be determined to be necessary for proper and efficient administration of the program and that such school records be made available to employees of the authority for examination and inspection as may be necessary or appropriate.

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(12) To secure data, except where specifically prohibited by state or federal law, from any state agency, department, instrumentality, political subdivision of the state, or from any other source, for the purpose of verifying information submitted by a student or a parent when applying for or receiving any financial assistance provided by the authority under this Code chapter and to pay costs incurred by the provider of such data.
(13) Except where specifically prohibited by state or federal law, the authority is authorized to obtain from, and each state agency, department, instrumentality, and political subdivision of the state is authorized and directed to provide to the authority upon its request, information contained in its records relative to the present or last known address and telephone number of a borrower or cosigner, identified to the provider by name and social security number, and to pay costs incurred by the provider of such information.
(14) To gather information on all educational financial assistance funds available from any source to residents of the state and to disseminate such information through such methods of mass or individual communication as may be necessary better to assure that students and parents are aware of the availability of such financial resources.
(15) To receive funds from any source, public or private, by gift, grant, bequest, loan, or otherwise, either absolutely or in trust, and to hold, use, administer, and expend the same on its behalf and for any of its corporate purposes; and to acquire from any source, public or private, by purchase, lease, gift, bequest, or devise, any property, real, personal, or mixed, either absolutely or in trust, and to hold, use, administer, and dispose of the same on its behalf and for any of its corporate purposes.
(16) To provide procedures for the filing, hearing and determination of an appeal made by an aggrieved party of a decision made by the authority in the administration of financial assistance programs provided for in this Code chapter, and for all matters relative thereto.
(17) To enter into agreements and undertakings as may be necessary or appropriate in the exercise of its powers, duties, and functions under this Code chapter.

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(18) To perform such other acts as may be necessary or appropriate to carry out effectively the purposes of the authority under this Code chapter.
(19) To adopt an official seal and alter the same at its pleasure.
(20) To maintain a principal office and such other offices as may be appropriate.
(21) To adopt bylaws and policies for the regulation of its affairs and the conduct of its business.
(22) To sue and be sued in the name of the authority and to plead and be impleaded.
(b) If any conflict exists between the provisions of this Code chapter and Code Chapter 32-33, the federal Act or other federal laws, or any rules or regulations promulgated thereunder, which conflict will result in a loss by the authority of any federal funds or other funds that would otherwise be available to it for carrying out its purposes under this Code chapter, the authority is authorized, empowered, and directed to adopt appropriate rules, regulations, and policies consistent with Code Chapter 32-33, the federal Act or such other federal laws, to remove such conflict and thereby to provide for the receipt of such funds; provided, however, that such rules, regulations, or policies are not in derogation of the Constitution or laws of this state (other than such provisions of this Code chapter) or any contract to which the authority is a party and are wholly in conformity with the purposes of the authority as set forth in this Code chapter.
(c) To the extent that the provisions of this Code chapter are inconsistent with the provisions of any other state general or special law, rule, or regulation (other than the provisions of Code Chapter 32-33), the provisions of this Code chapter shall be controlling.
32-3708. Accounting system; use of agency funds to pay operating expenses; payments to the commission. The authority shall maintain a system of accounts in accordance with generally accepted accounting procedures, and standard accounting procedures and systems established by the state where applicable, which

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shall, among other things, properly identify and account for all funds received by the authority, the source of receipt of such funds, and all expenditures of the authority. Agency, federal, and other funds of the authority, determined to be available for such purposes, may be used to pay expenses and operating costs incurred by the authority, or incurred by the corporation under Code Chapter 3233, including payment to the commission to defray expenses and operating costs of the authority, or of the corporation, paid or to be paid by the commission for or on behalf of the authority or the corporation. No funds of the authority shall lapse to the state as of the close of any fiscal year.
32-3709. Authority administration fund. There is hereby created, but not by way of limitation, and the authority shall maintain an administration fund for administration purposes of the authority, and of the corporation as provided for in this section, to which shall be credited state moneys, federal moneys, other moneys, and earned income of the authority, available for and determined by the authority to be applied for the purpose of paying administration costs of the authority. The authority is authorized to pay from the fund administration costs incurred by the authority and to pay to the commission such amounts as may be necessary to cover administration costs of the authority paid or to be paid by the commission for or on behalf of the authority. Unless otherwise prohibited by state or federal law, or by the terms of any trust agreement entered into or resolution providing for the issuance of obligations pursuant to the provisions of Article 2 of this Code chapter, or by the terms of any other agreement entered into by the authority, the authority is authorized to pay from the fund administration costs incurred by the corporation and pay to the commission such amounts as may be necessary to cover administration costs of the corporation paid or to be paid by the commission for or on behalf of the corporation.
32-3710. Temporary transfer of authority state funds to the corporation. In the event the United States makes the federal payments referred to in Code Section 32-3313 to lenders through the corporation, any available state funds appropriated for use by the authority during any fiscal year for purposes of any financial assistance program provided for in this Code chapter may be temporarily transferred by the authority to the corporation for use by the corporation for the purposes prescribed in Code Section 32-3313 pending receipt by the corporation of the federal payments and

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upon receipt of the federal payments the corporation shall transfer back to the authority the amount of funds previously received by it from the authority.
32-371 1. (Reserved)
32-3712. School audits; program reviews; corrective actions. The authority is authorized to examine and audit accounts and records of schools relative to financial assistance provided to students enrolled therein under the provisions of this Code chapter, and to conduct program reviews with appropriate officers and personnel of schools, as may be necessary or appropriate to assure compliance with the provisions of this Code chapter, and to take or require that such corrective, remedial, or preventive actions be taken as may be necessary or appropriate to protect the interests of the authority, the state, the United States, schools, students, and the public at large.
32-3713. Contributions deductible for tax purposes. Notwithstanding the provisions of any general or special law, or the provisions of any certificate of incorporation, charter, or other articles of organization, all domestic or domesticated corporations, associations and other taxable entities carrying on business in this state, and any person, is hereby authorized to make contributions of money, property, or other thing of value to the authority for any of its corporate purposes, and the value thereof shall be allowed as a deduction in computing the taxable income of the donor for the purpose of any income tax imposed by the state or by any political subdivision of the state.
32-3714. (Reserved)
32-3715. Conflicts of interest. If any director, officer, or employee of the authority shall be interested, either directly or indirectly, or shall be a director, officer, or employee of or have an ownership interest in (other than a noncontrolling stockholder interest, or the substantial equivalent thereof, in a lender or school) any firm or corporation interested, directly or indirectly, in any contract with the authority (except any agency, instrumentality, or political subdivision of the state), such interest shall be disclosed to and shall be set forth in the minutes of the authority, and the director, officer, or employee having such interest therein shall not participate on behalf of the authority or such party in the negotiation or the autho-

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rization of the contract. No provision of this Code chapter shall be construed, however, to prevent any otherwise eligible director, officer, or employee of the authority, or member of his family, from being eligible to apply for atid receive financial aid assistance provided for under this Code chapter.
32-3716. (Reserved)
32-3717. (Reserved)
32-3718. (Reserved)
32-3719. (Reserved)
32-3720. Authority assigned to the commission. The Georgia Student Finance Authority created by Code Section 3 2-3 704(a) is hereby assigned to the Georgia Student Finance Commission created by Code Section 32-3104(a) for administrative purposes as prescribed in Section 3 of Chapter 1 of the reorganization Act.
32-3721. Dissolution. Upon dissolution of the authority, all of its assets, rights, and property shall pass to and be vested in the state to be used for educational purposes, subject to the provisions of Code Section 32-3744.
32-3722. Venue. The venue for any legal proceeding brought against the authority shall be Fulton County, Georgia, regardless of the county in which the principal office or any other office of the authority may be located.
32-3723. General banking business. Nothing contained in this Code chapter shall be construed to mean that the authority is engaged in or is empowered to engage in the general banking business.
32-3724. Operations reports. The authority is authorized to publish annually, or at more or less frequent intervals determined by the board, an operations report covering the activities of the authority, including, without limitation, a reporting of revenues and expenditures of the authority and a statement of the financial condition of the authority, and to furnish copies of the same to the Governor, members of the General Assembly, and to other public and

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private persons and agencies as it may deem appropriate. The authority is further authorized to prepare and publish such other reports as may be required pursuant to the provisions of Article 2 of this Code chapter.
32-3725. Audit. The state auditor shall make an annual financial audit of the books, accounts, and records of the authority. The state auditor shall maintain a copy of the audit report on file in his office, make copies of the report available for inspection by the general public, and furnish a copy of the report to the authority, to members of the board of directors of the authority, to the Governor, to members of the General Assembly, and to such other persons as may be required pursuant to the provisions of Article 2 of this Code chapter. The authority is further authorized to have independent audits made of such books, accounts, and records of the authority as may be required pursuant to the provisions of Article 2 of this Code chapter.
ARTICLE 2 Educational Loans - Revenue Bonds
32-3726. Legislative findings and purpose. The General Assembly finds that students and parents are not always able to obtain educational loan assistance from a commercial lender under the Georgia Educational Loan Program provided for in Code Chapter 32-33; that a need exists to make additional educational loan funds available to students and parents; and that a need exists to provide for secondary financing and servicing of educational loans made by other lenders in order to enable such lenders to maintain or expand their participation in the Georgia Educational Loan Program. The purpose of the General Assembly, as provided for in this article, is to enable the authority to make additional educational loan funds available for students and parents and to make secondary financing and servicing of educational loans available to other commercial lenders.
32-3727. Definitions. For purposes of this article, the following terms shall have the meaning respectively prescribed for them by this section whenever such terms are used in this article:
(1) `School.' A `school' as such term is defined in Code Section 32-3303( 12).

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(2) `Student' or `eligible student.' A `student' or `eligible student' as such term is defined in Code Section 32-3303(17) and regulations of the authority.
32-3728. Revenue bond educational loan program; powers of the authority. The authority is hereby authorized to be a lender in the Georgia Educational Loan Program as provided for in Code Chapter 32-33, and to establish and administer educational loan program activities for the benefit of students and parents and other lenders who participate in the Georgia Educational Loan Program, pursuant to the provisions of this article, (a) In addition to other provisions of this Code chapter, the authority shall have all the powers necessary or convenient to carry out and effectuate its purposes, duties, and functions under this article, including, but without limiting the generality of the foregoing, the following powers:
(1) To issue bonds or other obligations for the purpose of carrying out its powers, duties, functions, and purposes set forth in this article.
(2) To make or participate in the making of educational loans, to purchase or participate in the purchase of educational loans, and to contract in advance for any such purchase or to purchase and retain rights to make any such purchase and to pay any amounts payable in respect of such rights.
(3) To sell or participate in the sale of educational loans, in conformity with the federal Act and Code Chapter 32-33, any such sale to be public or private and on such terms as the board shall authorize, and to contract in advance for any such sale or to purchase and retain rights to make any such sale and to pay commitment fees or any other amounts payable in respect of such rights.
(4) To service or contract for the servicing of educational loans and to contract in advance for the servicing of educational loans.
(5) To collect and pay reasonable fees and charges in connection with the purchasing, selling, and servicing, or the causing to be purchased, sold, or serviced, of educational loans held by the authority, including payment to any person for the servic-

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ing of such educational loans; and to pay reasonable fees (including the assignment of benefits available to the authority) to any agency or instrumentality of the state for administrative services related to the authority's educational loan program.
(6) To procure or maintain loan guaranties in respect of all educational loans held by the authority and to pay any required guaranty fees.
(7) To consent, whenever it deems it necessary or desirable in the fulfillment of its purposes, to the modification of the rate of interest, time of payment of any installment of principal or interest, or any other terms of any educational loan held by the authority subject to the provisions of any bonds or other obligations of the authority or the trust indentures or resolutions under which such bonds or other obligations were issued.
(8) To include in any borrowing such amounts as may be deemed necessary by the authority to pay interest, financing charges or costs of insurance respecting any of its obligations, including consulting, advisory and legal fees, and such other expenses, and to fund any reserve funds, as are necessary or incident to any such borrowing.
(9) To make, execute, and effectuate any and all agreements or other documents with any federal or state agency or any person, corporation, association, partnership, or other organization or entity necessary to accomplish its purposes under this article.
(10) To invest any funds held in reserves, held in sinking fund accounts or not required for immediate disbursement, in obligations of, or directly or indirectly guaranteed by the United States, the state or any agency or instrumentality of either, or in any obligations of banks or savings and loan associations within the state fully collateralized by a pledge of such obligations; and, notwithstanding the provisions of Code Section 87-701(a) to the contrary, to invest such funds in other obligations of investment quality and having a recognized national market, but only to the extent expressly permitted by bond resolutions, trust indentures, or other agreements with holders of bonds or other obligations issued by the authority.

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(11) To employ fiscal consultants, attorneys, counselors, and such other consultants and employees as may be required in its judgment for the purposes of this article and to fix and pay their compensation.
(12) To prescribe rules, regulations, policies, and procedures as may be necessary or convenient to carry out and effectuate the purposes, duties, and functions of the authority under this article.
32-3729. Status of obligations issued by the authority. Bonds and other obligations issued under the provisions of this article shall not be deemed to constitute a debt, liability, or obligation of the state or a pledge of the faith and credit of the state or any political subdivision thereof (including the authority), but shall be payable solely from the revenues or assets of the authority which may be pledged for such payment and from the proceeds of any refunding bonds. Such revenues and assets may include the proceeds of the bonds, revenues derived by the authority from or in respect of educational loans made or purchased from the proceeds of the bonds (including proceeds from the sale of such educational loans and including any loan guaranty proceeds received in respect thereof), and investment earnings of the authority and other revenues received by the authority in connection with its program of financing, holding, or selling educational loans pursuant to this article. Such revenues and assets may also include, to the extent specified within the resolution authorizing issuance of such bonds or other obligations or the trust indentures securing the same, and in accordance with all other resolutions, indentures, or contracts of the authority and in accordance with law, educational loans financed and held by the authority with funds made available to it pursuant to the provisions of Article 3 of this Code chapter, and revenues derived therefrom. Each obligation of the authority issued under this article shall contain on its face a statement to the effect that the authority shall not be obligated to pay the same nor the interest thereon except from the revenues or assets pledged therefor and that neither the faith and credit nor the taxing power of the state nor any political subdivision thereof is pledged to the payment of the principal of or the interest on such obligation.
32-3730. Issuance of bonds and notes; amount; interest; use of proceeds, (a) The authority is hereby authorized to provide for the

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issuance of bonds of the authority not to exceed $50 million aggregate principal amount outstanding at any one time (excluding bonds issued to refund outstanding bonds of the authority) to carry out and effectuate its purposes and powers under this article. In anticipation of the issuance of such bonds, the authority also is hereby authorized to provide for the issuance of notes. Such bonds or notes may be issued at one time or from time to time provided the aggregate principal amount of such bonds and notes outstanding at any one time shall not exceed the amount authorized by this subsection, excluding bonds or notes issued to refund outstanding bonds or notes of the authority. The principal of, premium, if any, and the interest on such bonds or notes shall be payable solely from the funds provided for in this article for such payment. Any such notes may be made payable from the proceeds of bonds or renewal notes or in the event bond or renewal note proceeds are not available, such notes may be paid from revenues or assets available to the authority for this purpose under this article in accordance with resolutions or other agreements with holders of any outstanding bonds or other obligations of the authority. The bonds or notes of each issue shall be dated, shall bear interest at such rates, may be redeemable before maturity (at the option of the authority at such price or prices as may be determined by the authority), and shall be under such other terms and conditions as may be determined by the authority. Notes shall mature at such time or times not exceeding five years from their date or dates and bonds shall mature at such time or times not exceeding 40 years from their date or dates, as may be determined by the authority. The authority shall determine the form of such bonds or notes, including coupon form, registered form, registration as to principal only, or all of the foregoing forms, and shall determine the right of reconversion or interchange into other forms. The authority shall fix the denomination or denominations and the place or places of payment of principal and interest, which may be any bank or trust company within or without the state. All such bonds shall be executed in the name of the authority by the chairman and the secretary of the authority and shall be sealed with the official seal of the authority or a facsimile thereof. Coupons shall be executed in the name of the authority by the chairman of the authority. The facsimile signature of either the chairman or the secretary of the authority may be imprinted in lieu of the manual signature if the authority so directs and the facsimile of the chairman's signature shall be used on coupons. In case any officer whose signature or a facsimile of whose signature shall

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appear on any bonds or notes or coupons attached thereto shall cease to be such officer before the delivery thereof, his signature or facsimile signature shall nevertheless be valid and sufficient for all purposes as if he had remained in office until such delivery. The authority may also provide for the authentication of the bonds or notes by a trustee or fiscal agent. Prior to the preparation of definitive bonds, the board may issue interim receipts, interim certificates, or temporary bonds exchangeable for definitive bonds upon the issuance of the latter. The authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by this Code chapter. Upon the approval of a resolution of the authority authorizing the sale of its bonds or notes, such bonds or notes may be sold in such manner, either at public or private sale, and for such price as the authority shall determine to be in the best interests of the authority and to best effectuate its purposes under this article.
(b) The proceeds of any bonds or notes issued by the authority shall be used solely for the purpose for which issued and shall be disbursed in such manner and under such restrictions, if any, as the authority may provide in a resolution authorizing the issuance of such bonds or notes or in a trust agreement securing the same. No such bond proceeds may be expended for the making or the purchase of any educational loan unless such loan is an educational loan.
(c) All revenue bonds issued by the authority under this Code chapter shall be executed, confirmed, and validated under, and in accordance with, the Revenue Bond Law of the State of Georgia, Code Chapter 87-8, except as otherwise provided in this Code chapter. The venue for all bond validation proceedings pursuant to this Code chapter shall be Fulton County and the Superior Court of Fulton County shall have exclusive trial court jurisdiction over such proceedings. Bonds issued shall have a certificate of validation bearing the facsimile signature of the clerk of the Fulton County Superior Court stating the date on which said bonds were validated and such entry shall be original evidence of the fact of judgment and shall be received as original evidence in any court in this state. The authority shall reimburse the district attorney for his actual

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costs associated with the bond validation proceedings, if any. The fees payable to the clerk of the Fulton County Superior Court for validation and confirmation shall be as follows for each bond, regardless of the denomination of such bond: $ 1.00 each for the first 100 bonds; 25 cents for each of the next 400 bonds; and 10 cents for each such bond over 500.
32-3731. Trust agreements authorized; certain provisions thereof and of bond resolutions. In the discretion of the authority, any obligation issued under the provisions of this article may be secured by a trust agreement by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the state. Such trust agreement or the resolution providing for the issuance of such obligations may pledge or assign all or any part of the revenues or assets of the authority derived or held by the authority under and pursuant to the provisions of this article, including, without limitation, as the same relates to this article, educational loans, educational loan commitments, temporary loans, contracts, agreements, or other security or investment obligations, fees, or charges made or received, moneys received for the sale of or in payment of educational loans and interest thereon (including the proceeds of guaranties thereon), and any other moneys that may be received, held, or due to be received by the authority from the United States, the corporation, or from any other person as a result of the activities and operations of the authority under the provisions of this article. The educational loans included within any such pledge, or the educational loans the revenues derived from which are so included, may include, at the discretion of the authority and to the extent specified in such resolution or trust indenture and in accordance with all other resolutions, indentures, and contracts of the authority and in accordance with law, educational loans financed by the authority with funds available to it pursuant to the provisions of Article 3 of this Code chapter. Such trust agreement or resolution may contain such provisions for protecting and enforcing the rights and remedies of the holders of any such obligations as may be reasonable, proper, and not in violation of law, including covenants setting forth the duties of the authority in relation to the purposes to which obligations proceeds may be applied, the disposition or pledging of revenues or assets of the authority under this article, the terms and conditions for the issuance of additional obligations, and the custody, safeguarding, and application of moneys and assets of the

GEORGIA LAWS 1980 SESSION

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authority under this article. It shall be lawful for any bank or trust company incorporated under the laws of the state which may act as depository of the proceeds of obligations, revenues, or other moneys under this article, to furnish such indemnifying bonds or to pledge such securities as may be required by the authority. Any such trust agreement or resolution may set forth the rights and remedies of the holders of the obligations to which it relates, and the rights and remedies of the trustee (if any), and may restrict the individual right of action by any such holders. In addition to the foregoing, any such trust agreement or resolution may contain such other provisions as the authority may deem reasonable and proper for the security of the holders of any obligations. All expenses incurred in carrying out the provisions of such trust agreement or resolution may be paid from the revenues or assets pledged or assigned to the payment of the principal of and the interest on obligations or from any other funds available to the authority for this purpose.
32-3732. Pledge of revenues or assets of the authority. The pledge of any revenues or assets of the authority to the payment of the principal of or the interest on any obligations of the authority shall be valid and binding from the time when the pledge is made; and any such assets or revenues shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the authority, irrespective of whether such parties have notice of such pledge. Nothing herein shall be construed to prohibit the authority from selling any assets subject to any pledge except to the extent that any such sale may be restricted by a trust agreement or resolution providing for the issuance of obligations of the authority.
32-3733. Moneys received by the authority deemed to be trust fund. Notwithstanding any other provisions of law to the contrary, all moneys received by the authority pursuant to the authority of this article shall be deemed to be trust funds to be held and applied solely as provided in this article. The resolution authorizing any obligations or the trust agreement securing the same may provide that any of such moneys may be temporarily invested pending the disbursement thereof and shall provide that any officer with whom, or any bank or trust company with which, such moneys shall be deposited shall act as trustee of such moneys and shall hold and 29

898

GENERAL ACTS AND RESOLUTIONS, VOL. I

apply the same for the purposes hereof, subject to the provisions of this article and of such resolution or trust agreement. Any such moneys, or any other moneys of the authority derived from its operations and functions under the provisions of this article, may be invested as provided in Code Section 32-3728(10).
32-3734. Rights of holders of obligations of the authority. Any holder of obligations issued by the authority under the provisions of this article, or of any coupons appertaining thereto, and any trustee under any resolution authorizing the issuance of such obligations or trust indenture securing the same, except to the extent the rights herein given may be restricted by such resolution or trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceeding, protect and enforce any and all rights under the laws of the state (including those granted hereunder), under such resolution or trust indenture or under any other contract executed by the authority pursuant to this article, and may enforce and compel the performance of all duties required by this article or by such resolution or trust indenture to be performed by the authority or by any officer thereof.
32-3735. Obligations of the authority are negotiable instruments. Notwithstanding any of the foregoing provisions of this article or any recitals in any obligations issued by the authority under the provisions of this article, all such obligations and interest coupons appertaining thereto shall be and are hereby made negotiable instruments under the laws of the state, subject only to any applicable provisions for registration.
32-3736. Public agencies, political subdivisions, and others may invest in securities issued by the authority. Obligations issued by the authority under the provisions of this article are hereby made securities in which all public officers and public bodies of the state and its political subdivisions, all insurance companies, trust companies, banking associations, investment companies, executors, administrators, trustees, and other fiduciaries may properly and legally invest funds, including capital in their control or belonging to them. Such obligations are hereby made securities which may properly and legally be deposited with and received by any state or municipal officer or any agency or political subdivision of the state for any purpose for which the deposit of bonds, notes, or obligations of the state is now or may hereafter be authorized by law and may consti-

GEORGIA LAWS 1980 SESSION

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tute proper and legal collateral for any deposit made by any such officer, agency, or subdivision for which collateral must be pledged according to law.
32-3737. Issuance of refunding obligations by the authority, (a) The authority is hereby authorized to provide for the issuance of refunding obligations for the purpose of refunding any obligations then outstanding which shall have been issued under the provisions of this article, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption of such obligations, and, if deemed advisable by the authority, for any corporate purpose of the authority provided for in this article, except to the extent that the issuance of any such refunding obligations is limited or made subject to conditions under any resolution, trust indenture, or other agreement with holders of outstanding obligations of the authority. The issuance of such obligations, the maturities and other details thereof, the rights of the holders thereof, and the rights, duties, and obligations of the authority in respect of the same shall be governed by the provisions of this article which relate to the issuance of obligations, insofar as such provisions may be appropriate therefor.
(b) Such refunding obligations may be sold or exchanged for outstanding obligations issued under this article and, if sold, the proceeds thereof may be applied, in addition to any other authorized purposes, to the purchase, redemption, or payment of such outstanding obligations. Pending the application of the proceeds of any such refunding obligations (with any other available funds) to the payment of (1) the principal, accrued interest and any redemption premium on the obligations being refunded, (2) any interest on such refunding obligations (if so provided or permitted in the resolution authorizing the issuance of such refunding obligations or in the trust indenture securing the same), and (3) any expenses in connection with such refunding, such proceeds may be invested in direct obligations of, or obligations the principal of and the interest on which are unconditionally guaranteed by, the United States, which shall mature or which shall be subject to redemption by the holders thereof, at the option of such holders, not later than the respective dates when the proceeds, together with the interest accruing thereon, will be required for the purposes intended.

900

GENERAL ACTS AND RESOLUTIONS, VOL. I

32-3738. Reserve or replacement funds of the authority. The authority shall be authorized and empowered, in connection with the issuance of its bonds or other obligations pursuant to this article, to establish in respect of such bonds or obligations such reserve funds or replacement funds as may be required in sound discretion of its board, to enable the authority to effectuate its proper public purposes, to fund such reserve funds or replacement funds with bond proceeds, and to invest such reserve funds or replacement funds in accordance with Code Section 32-3728(10).
32-3739. Exemption from personal liability. No director or officer of the authority shall be subject to any personal liability or accountability by reason of his execution of any obligations or the issuance thereof.
32-3740. Acceptance and expenditure of moneys received by the authority from the legislature. The authority is authorized to accept and expend such moneys as may be appropriated from time to time by the legislature, and income from the operations of the authority under this article (subject to the provisions of any resolution, trust indenture, or other agreement with the holders of any of its outstanding obligations), for the payment of expenses of administration and operations.
32-3741. Tax exemptions. The authority is a duly created public corporation and political subdivision of the state and is performing essential governmental functions in the exercise of its corporate purposes. Accordingly, the authority shall not be required to pay and shall be exempt and free from the payment of any taxes and assessments to the state, or to any county, municipality, or other political subdivision of the state, upon any of its property or upon its obligations or other evidences of indebtedness issued pursuant to the provisions of this article and Code chapter, or upon any moneys, funds, revenues, or other income held or received by it; and the bonds and notes issued by the authority and the income from such bonds or notes shall also at all times be exempt from taxation within the state, except for death and gift taxes and taxes of transfers. Real property owned by the authority shall be exempt from all property taxation and special assessments of the state or political subdivisions of the state, but the authority may agree to pay, in lieu of such taxes, such amounts as it finds consistent with the cost to the state or political subdivision of supplying municipal services to it and main-

GEORGIA LAWS 1980 SESSION

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taining its economic feasibility, which payments such bodies are hereby authorized to accept. The exemption from taxation herein provided shall not, however, extend to nor include any exemption from sale and use taxes on property purchased by or for the use of the authority.
32-3742. Article and Code chapter deemed supplemental to other laws. The provisions of this article and Code chapter shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to any powers conferred by other laws upon the authority and shall not be regarded as in derogation of any such powers; provided, however, that the issuance of bonds or notes under the provisions of this article need not comply with the requirements of any other law applicable to the issuance of bonds or notes.
32-3743. Interest of bondholders protected. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of the authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds, nor will the state itself in any way obstruct, prevent, impair, or render impossible the due and faithful performance of its duties by the authority. The provisions of this Code chapter shall be for the benefit of the state, the authority, and each and every holder of the authority's bonds and, upon and after the issuance of bonds under the provisions of this Code chapter, shall constitute an irrevocable contract with the holders of such bonds.
32-3744. Dissolution of the authority. Upon termination or dissolution of the authority, all assets, rights, and properties of the authority under the authority of this article shall pass to and be vested in the state to be used for educational purposes, subject to the rights of lienholders and other creditors under this article; provided, however, that no such termination or dissolution shall take effect so long as the authority shall have bonds or notes outstanding, unless adequate provision has been made for the payment thereof.
32-3745. (Reserved)

902

GENERAL ACTS AND RESOLUTIONS, VOL. I

ARTICLE 3 Educational Loans - State Funds
32-3746. Legislative findings and purpose. The General Assembly finds that students and parents are not always able to obtain educational loan assistance from a commercial lender under the Georgia Educational Loan Program provided for in Code Chapter 32-33; that a need exists to make additional educational loan funds available to students and parents; and that shortages exist within the state in the supply of trained personnel in certain paramedical and other professional and educational fields, and other areas, which might possibly be alleviated by providing educational loan assistance to students in those fields and areas together with an option whereby such students can repay such educational loans through services rendered in lieu of cash repayment. The purpose of the General Assembly, as provided for in this article, is to enable the authority to make additional educational loans to students and parents and to make service-cancelable loans to students in certain fields of study and other areas as provided herein.
32-3747. Definitions. For purposes of this article, the following terms shall have the meanings respectively prescribed for them by this section:
(1) `School.' A `school' as such term is defined in Code Section 32-3303(12), and in regulations of the authority, except as otherwise provided in this article.
(2) `Student' or `eligible student.' A `student' or `eligible student' as such term is defined in Code Section 32-3303(17), and in regulations of the authority, except as otherwise provided in this article.
32-3748. State funded educational loan program. The authority is hereby authorized to be a lender in the Georgia Educational Loan Program, as provided for in Code Chapter 32-33, and to establish and administer a state direct educational loan program pursuant to the provisions of this article. The authority is authorized to prescribe all rules, regulations, policies, and procedures necessary or convenient for the administration of the program and all terms and conditions applicable to loans made under the provisions of this article; provided, however, that the same shall conform with the

GEORGIA LAWS 1980 SESSION

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provisions of this article, and with the provisions of Code Chapter 32-33 in order that such loans shall be guaranteed by the corporation.
32-3749. General loan fund, (a) The authority shall maintain a general loan fund to which shall be credited (1) state funds appropriated for use by the authority for educational loan purposes other than service cancelable loans, (2) unrestricted moneys received by gift or otherwise, and other moneys available for and determined by the authority to be used for the purposes of this section, (3) outstanding educational loans held by the authority under the provisions of this article as to which the borrower does not have a right to repay and cancel the loan through services rendered, (4) principal collected on all educational loans held by the authority under the provisions of this article, including the principal portion of payments received from the corporation in discharge of its guaranty liability on such loans, and (5) such amounts as may be transferred to the fund from the service-cancelable loan fund or the administration fund of the authority. The authority is authorized to use moneys available in the fund to make guaranteed educational loans to eligible students and parents in accordance with its rules and regulations and the provisions of Code Chapter 32-33.
(b) The authority may, in its discretion, to the extent that it may specify in a resolution or trust indenture and in accordance with all other resolutions, indentures, and contracts entered into or executed by the authority in accordance with law and pursuant to Article 2 of this Code chapter, include in any pledge of revenues or assets made under Article 2 of this Code chapter educational loans, or revenues derived therefrom, which are a part of the general loan fund.
32-3750. Service-cancelable loan fund, (a) The authority shall maintain a service-cancelable loan fund to which shall be credited (1) state funds appropriated for use by the authority for servicecancelable loan purposes, (2) unrestricted moneys received by gift or otherwise, and other moneys, available for and determined by the authority to be used for the purposes of the fund, and (3) outstanding educational loans held by the authority under the provisions of this article as to which the borrower has a right to repay and cancel the loan through services rendered.

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(b) To the extent that the General Assembly may provide and designate in annual appropriations Act, state funds appropriated for service-cancelable loans shall be used to the greatest extent possible by the authority for the purposes designated, in accordance with rules and regulations of the authority and the following provisions, where applicable, or otherwise as may be specified by the General Assembly in annual appropriations Acts.
(1) Paramedical and other professional and educational fields of study. The authority is authorized to make service-cancelable educational loans to residents of Georgia enrolled in paramedical and other professional and educational fields of study, as defined and approved by the authority and in accordance with regulations of the authority, with the exception of the program leading to the degree of Doctor of Medicine, and in respect thereof, but without limitation, determine fields of study and areas in which shortages of trained personnel exist and specific services are needed, establish any necessary eligibility or priority requirements, interview applicants or recipients of loans as may be necessary, consider other financial aid resources known to be available to applicants for a loan, consider the academic performance of students, determine loan amounts, and establish reasonable requirements and standards relative to applicants for loan assistance. The authority shall determine the academic levels of study at which loans may be made to students in any approved field. Educational loans made under this section need not be limited to students attending a school located within the state but shall be conditioned on the student's understanding that the educational loan is to be repaid by the student, if the student completes the approved program of study, by practicing in the approved field at a site of employment or in a community or city in Georgia approved by the authority for a period of one year for each academic year of study or its equivalent for which a loan is made to the student under this section, or otherwise in cash with interest thereon in accordance with the terms of the promissory note executed by the student.
(2) Georgia National Guard members. The authority is authorized to make service-cancelable educational loans to residents of Georgia who are eligible members of the Georgia National Guard and who are enrolled at the undergraduate level in a private or public college or public vocational-technical

GEORGIA LAWS 1980 SESSION

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school located in the state. Members of the Georgia National Guard who are in good standing according to applicable regulations of the National Guard and who have not attained their thirty-first birthday on the date of enrollment shall be eligible to apply for a loan. A loan recipient shall not be eligible to receive loan assistance provided for in this section for more than five academic years of study. Until funds available for the purposes of this section are sufficient to assist eligible students at all undergraduate levels, such loan assistance shall be limited to full-time students and the maximum loan amount shall not exceed $500.00 per academic year. Such loans shall, upon maturity, be repayable in cash, with interest thereon, or, upon graduation or termination of schooling, canceled in consideration of the student's retaining his membership in the Georgia National Guard on the basis of one year of membership service for each academic year of study, or its equivalent, for which a loan was received under this section. The adjutant general of Georgia shall certify eligibility and termination of eligibility of students for educational loans and eligibility for cancellation of educational loans by members of the Georgia National Guard in accordance with regulations of the authority.
(3) Doctors of veterinary medicine. The authority is authorized to make service-cancelable educational loans to residents of Georgia who are enrolled in school in the field of Doctor of Veterinary Medicine, including veterinary surgery, obstetrics, dentistry, and all other specialties of veterinary medicine. Loans may be made to students enrolled in a veterinary college or in a veterinary division of a university or college accredited by the American Veterinary Medical Association who are pursuing a program of study leading to the degree of Doctor of Veterinary Medicine or its equivalent. The authority is authorized to consider, among other criteria, the need for veterinarians in the field of specialization of interest to the student, the home area of the student, and the likelihood if determinable that the student will practice his profession in an area of the state which might entitle the student to repay the loan through services rendered. Educational loans made under this section need not be limited to students attending a school located within the state; but shall be conditioned on the student's understanding that the loan assistance is to be repaid by the student, if the student obtains a doctorate degree and is licensed to practice veterinary medicine

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GENERAL ACTS AND RESOLUTIONS, VOL. I

in the state, by practicing in the approved field at a site of employment or in a community or area in Georgia approved by the authority for a period of one year for each academic year of study, or its equivalent, for which a loan is made to the student under this section, or otherwise in cash with interest thereon in accordance with the terms of the promissory note executed by the student; provided, however, that repayment through services rendered shall not be approved unless the recipient practices his profession in a rural or sparsely populated area of the state, or in a community of 10,000 population or less according to the United States decennial census of 1970 or any future such census, as the case may be, which is in need of the services of a licensed veterinarian substantially for purposes of meeting the needs of owners or producers of farm animals used for or in connection with the production of commercial food products.
(c) The amount of loans made to students which may be canceled in consideration of services rendered shall be limited to the amount of authorizations for such loan purposes specified in annual appropriations Acts, which authorized amount, for cancellation purposes only, shall be cumulative. Such cancelable loan funds as may not be used for the purposes designated during any fiscal year shall become a part of the general loan fund account.
32-3751. (Reserved)
32-3752. (Reserved)
32-3753. Income credited to authority administration fund. All income earned by the authority on loans made under the provisions of this article shall be credited to the authority administration fund for the uses prescribed in Code Section 32-3709. The board is authorized, in its discretion, to transfer any surplus moneys in the authority administration fund to the general loan fund account for the uses prescribed in Code Section 32-3749.
ARTICLE 4 Student Incentive Grants
32-3754. Legislative findings and purpose. The General Assembly finds that a substantial number of qualified Georgia students are not financially able to meet the costs of obtaining a postsecondary

GEORGIA LAWS 1980 SESSION

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education due to a lack of family resources; that it would not be sound public policy to expect such students to borrow the total amount of funds needed to meet such costs and to thereby incur such substantial indebtedness; and that the United States provides matching funds to states who provide grant assistance to such students on the basis of financial need. The purpose of the General Assembly, as provided for in this article, is to enable the authority to participate in the federal program and to provide grant assistance to students who qualify for such assistance on the basis of individual financial need.
32-3755. Student incentive grants. The authority is hereby authorized to establish and administer a program to provide state student incentive grants to students enrolled at the undergraduate level who demonstrate a substantial degree of need for such financial assistance as provided for in provisions of the United States Higher Education Act of 1965 (P.L. 89-329), as amended, relative to state student incentive grant programs, including rules and regulations prescribed by the commissioner pursuant thereto. The authority is authorized to use such federal funds as may become available to the authority for this purpose and state funds as may be appropriated for use by the authority for this purpose, and to prescribe such rules and regulations as may be necessary for administration of the program pursuant to the federal law. Residents of Georgia for a period of at least 12 months immediately preceding their date of registration in a branch of the University System of Georgia; a private college or university which is an approved school for purposes of Article 5 of this Code chapter which provides for grants to citizens of Georgia who are students attending colleges or universities in this state which are not branches of the University System of Georgia; a college or university receiving funds under Code Section 32-156 through 32-164, the Junior College Act of 1958, as amended; a state-supported vocational technical school; or in an accredited or approved nonprofit hospital school of nursing; provided such educational institution is located in the state, shall be eligible to apply for a state student incentive grant. The authority is authorized to extend coverage and the benefits of the program to students attending other nonprofit institutions of higher education located in Georgia which are approved by the United States for purposes of eligibility under the federal state student incentive grant program but only to the extent necessary to receive federal funds available for purposes of the program. Until the amount of funds

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GENERAL ACTS AND RESOLUTIONS, VOL. I

available to the authority for purposes of this program is sufficient to provide assistance to qualifying students at all undergraduate levels, such assistance shall be limited to full-time students, and the maximum student incentive grant that may be awarded to any student shall not exceed $450.00 per academic year, and such grant assistance shall not be provided for study during the summer school term. No student shall be eligible to receive a state student incentive grant for a period of more than five academic years.
32-3756. (Reserved)
32-3757. (Reserved)
ARTICLE 5 Tuition Equalization Grants
32-3758. Legislative findings and purpose. The General Assembly finds that the facilities of accredited independent colleges and universities located within the state can be used more effectively in the public interest by the grant of financial assistance to citizens who choose to attend such colleges and universities, and that the provision of such assistance will reduce the costs to the taxpayers of the state below the cost of providing similar instruction to such citizens within the university system. The purpose of the General Assembly, as provided for in this article, is to enable the authority to provide tuition equalization grant assistance to citizens who choose to attend such accredited private colleges and universities located within the state.
32-3759. Definitions. For purposes of this article, the following terms shall have the meanings respectively prescribed for them by this section:
(1) `Approved school.' A nonproprietary institution of higher education located in Georgia which is not a branch of the University System of Georgia, which is accredited by the Southern Association of Colleges and Schools, which has an academic program not comprised principally of sectarian instruction or preparation of students for a religious vocation, and which is not presently receiving state funds under Code Sections 32-156 through 32-164, the Junior College Act of 1958, as amended; provided, however, that an institution which otherwise meets the

GEORGIA LAWS 1980 SESSION

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requirements of this definition and of this Act except for the lack of accreditation by the Southern Association of Colleges and Schools shall be deemed to be an `approved school' during the first 24 months that the institution holds candidate for accreditation status with the Southern Association of Colleges and Schools.
(2) `Eligible student.' A person who (A) is enrolled in or accepted for enrollment as a full-time undergraduate level student in an approved school (and graduate level student if funds are specifically appropriated in appropriation acts of the General Assembly for payment of grants to graduate level students), (B) who is or will be a citizen of Georgia for a period of at least 12 months immediately prior to the date of registration therein, and (C) who is not enrolled in a course of study leading to a degree in theology, divinity, or religious education. The term `eligible student' shall not include a student who knowingly promotes or engages in any activity which is determined by the approved school's governing body to be detrimental to the school.
(3) `Full-time student.' An undergraduate student who enrolls for a minimum of 12 academic hours, or ten academic hours in the case of a graduate student and students who are inmates in an institution administered by the Department of Corrections.
(4) `Academic year.' A period of time, typically nine months, in which a full-time student is expected to complete the equivalent of at least two semesters or three quarters' academic work.
32-3760. Tuition equalization grants. There is hereby granted to each eligible student the sum of not less than $400.00 nor more than $600.00 per academic year, as specified in appropriations Acts of the General Assembly. No grant shall be made to a student for study during the period of any summer school quarter or semester unless specifically authorized in appropriations acts of the General Assembly. No grants shall be made to graduate students unless specifically authorized in appropriations Acts of the General Assembly. It is the intent of the General Assembly and the purpose of this program to provide tuition equalization grants to all Georgia stu-

910

GENERAL ACTS AND RESOLUTIONS, VOL. I

dents attending approved schools at all levels and throughout the entire calendar year whenever sufficient funds are available to the state.
32-3761. Application for and payment of grants. Eligible students wishing to receive payment of the grants provided for in this article shall submit to the school an application for the grant payment at the time and in accordance with procedures prescribed by the authority. The authority is authorized to define such terms and prescribe such rules, regulations, and procedures as may be reasonable and necessary to carry out the purposes of this article. The authority shall not approve payment of any grant until it has received from an appropriate officer of the approved school a certification that the student applying for the grant is an eligible student. Upon timely receipt of such certification, in proper form, the authority is authorized to pay the grant to the approved school on behalf of and to the credit of the student. In the event a student on whose behalf a grant is paid shall not enroll as a full-time student for the school term for which the grant is paid, the school shall make a refund to the authority in accordance with regulations of the authority.
32-3762. Insufficient funds. In the event funds available to the authority are not sufficient to enable the authority to pay on behalf of eligible students the full grant prescribed by the General Assembly, grants payable for the remaining school terms beginning within the fiscal year period covered by the current appropriations Act shall be reduced by the authority on a pro rata basis.
32-3763. Examination by the state auditor. Approved schools shall be subject to examination by the state auditor for the sole purpose of determining whether such school has properly certified eligibility and enrollment of students and credited grants paid to the behalf of such students. However, nothing in this Act shall be construed to interfere with the authority of such school to determine admissibility of students, nor to control their own curriculum, philosophy, purpose, or administration. In the event it is determined that a school knowingly or through error certified an ineligible student to be eligible for a grant hereunder, the amount of the grant paid to the school pursuant to such certification shall be refunded by the school to the authority.

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32-3764. Frauds. Any person who knowingly makes or furnishes any false statement or misrepresentation, or who accepts such statement or misrepresentation knowing the same to be false, for the purpose of enabling an ineligible student to obtain wrongfully a grant hereunder, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor.
32-3765. (Reserved)
ARTICLE 6 North Georgia College ROTC Grant Program
32-3766. Legislative findings and purpose. The General Assembly finds that it is essential for the national defense that persons be encouraged to consider military leadership positions as an honorable and rewarding profession; and that North Georgia College, Georgia's only state-supported military college, plays a significant role in preparing and training students for professional life in the military as a profession. It is the purpose of the General Assembly, as provided for in this article, to encourage students to enroll in North Georgia College and its military training program by providing for tuition grant assistance to such students.
32-3767. Definition. For purposes of this article, the term `eligible student' shall mean a person who (a) is enrolled in or accepted for enrollment in North Georgia College for a minimum of 12 academic hours, (b) is or will be a citizen of Georgia for a period of at least 12 months immediately prior to the date of registration therein, and (c) is enrolled in or plans to enroll in the Army Reserve Officers Training Corps program at North Georgia College.
32-3768. North Georgia College ROTC grants. There is hereby granted to each eligible student attending North Georgia College the sum of $100.00 per academic quarter.
32-3769. Application for and payment of grants. Eligible students wishing to receive payment of the grants provided for in this article shall submit to North Georgia College an application for the grant payment at the time and in accordance with procedures prescribed by the authority. The authority is authorized to define such terms and prescribe such rules, regulations, and procedures as may be reasonable and necessary to carry out the purposes of this article.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

The authority shall not approve payment of any grant until it has received from an appropriate officer of North Georgia College a certification that the student applying for the grant is an eligible student. Upon timely receipt of such certification, in proper form, the authority is authorized to pay the grant to North Georgia College on behalf of and to the credit of the student. In the event a student on whose behalf a grant is paid shall not enroll as a full-time student for the school term for which the grant is paid, North Georgia College shall make a refund to the authority in accordance with regulations of the authority.
32-3770. Insufficient funds. In the event funds available to the authority are not sufficient to enable the authority to pay on behalf of eligible students the full grant prescribed by the General Assembly, grants payable for the remaining school terms beginning with the fiscal year period covered by the current appropriations Act shall be reduced by the authority on a pro rata basis.
32-3771. Examination by the state auditor. North Georgia College shall be subject to examination by the state auditor for the sole purpose of determining whether the school has properly certified eligibility and enrollment of students and credited grants paid to the behalf of such students. However, nothing in this Act shall be construed to interfere with the authority of the school to determine admissibility of students, nor to control their own curriculum, philosophy, purpose, or administration. In the event it is determined that a school knowingly or through error certified an ineligible student to be eligible for a grant hereunder, the amount of the grant paid to the school pursuant to such certification shall be refunded by the school to the authority.
32-3772. Frauds. Any person who knowingly makes or furnishes any false statement or misrepresentation, or who accepts such statement or misrepresentation knowing the same to be false, for the purpose of enabling an ineligible student to wrongfully obtain a grant hereunder, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor.
32-3773. (Reserved)

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913

ARTICLE 7 Law Enforcement Personnel Dependents Grants
32-3774. Legislative findings and purpose. The General Assembly finds that certain citizens are called upon to enforce the criminal laws of this state, and to protect persons and properties within the state, and that they provide a valuable and vital public service to the state and to citizens and properties within the state at a great personal sacrifice and risk to their own lives and well-being. The purpose of the General Assembly, as provided for in this article, is to enable the authority to provide educational grant assistance to the children of such persons who are killed or permanently disabled in line of duty.
32-3775. Definitions. For purposes of this Act, the following terms shall have the meanings respectively prescribed for them by this section:
(1) `Law enforcement officer.' A sheriff, deputy sheriff, police officer, policeman, peace officer, officer or member of the Department of Public Safety or other officer or official who has the power of arrest and who is responsible for enforcing the criminal laws of the state or its political subdivisions.
(2) `Fireman.' A person employed by the state, or by any county or municipal fire department, whose duties include extinguishing fires or investigating cases of suspected arson.
(3) `Prison guard.' A person employed by the state, a county, municipality, or other political subdivision of the state whose principal duties relate to supervision and incarceration of persons accused or convicted of violation of the criminal laws of the state or any county, municipality, or other political subdivision thereof.
(4) `Permanent disability'or`permanently disabled.' Physical incapacity to perform the duties of a law enforcement officer, fireman,, or prison guard as determined by the public employer designated in Code Section 32-3777(c), and that such incapacity is likely to be permanent based upon current medical standards.

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(5) `Approved school.' The same schools as enumerated in Code Section 32-3755 relative to the state student incentive grant program.
(6) `Academic year.' A period of time, typically nine months, in which a full-time student is expected to complete the equivalent of at least two semesters' or three quarters' academic work.
32-3776. Law enforcement personnel dependents grants. There is hereby granted to each eligible student attending an approved school the sum of $2,000.00 per academic year. No person shall be eligible to receive grant assistance provided under the provisions of this article in excess of $8,000.00. Grant assistance to eligible students under the provisions of this article shall be payable during the period of a summer school quarter or semester. The payment of grants to eligible students under the provisions of this article shall be contingent upon the appropriation of funds by the General Assembly for the purposes of this article in annual appropriations Acts of the General Assembly.
32-3777. Eligibility of students. No grants shall be payable to any person under this article who fails to meet any of the following qualifications or restrictions:
(a) Such person must be the child, either natural or adopted, of a law enforcement officer, fireman, or prison guard who has been permanently disabled or killed in the line of duty or while performing the duties to which he was assigned in the normal course of employment. If such person is the adopted child of any such law enforcement officer, fireman, or prison guard, such person must have been adopted and any final order of adoption issued prior to the date of the accident or event causing the death or permanent disability of such parent.
(b) Such person must have been a citizen of Georgia for a period of at least 12 months immediately prior to the date of registration in an approved school and remain a citizen of the state while receiving funds under the provisions of this article.
(c) The deceased or disabled law enforcement officer, fireman, or prison guard parent of such person must have been an employee,

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either full or part-time, or an officer or official, whether elected or appointed, of the State of Georgia or any county, municipality, department, board, bureau, branch, agency, commission, authority, or political subdivision of the state on the date of the accident or event from which death or permanent disability resulted.
(d) Any person otherwise meeting the conditions of this article shall be eligible to receive a grant even though the accident or the event causing the death or disability of such person's parent occurred prior to the enactment into law of the provisions of this article.
32-3778. Application for and payment of grants. Any person meeting the conditions of this article may apply to the authority for a grant. Such application shall be submitted in writing on forms prescribed by the authority for such purpose. The applicant shall furnish such information as may be required by the authority for determination of eligibility for the grant. The authority shall approve grant renewals only upon receipt of the recipient's application therefor and upon a finding that the recipient has successfully completed the work of the preceding school period and presents evidence that he is a student in good standing, that he remains a citizen of Georgia, and that he remains otherwise qualified to receive such grant under the provisions of this article.
32-3779. Administration. The authority is hereby authorized to prescribe such rules and regulations as may be necessary or convenient for administration of this program, establish procedures for determination of eligibility of applicants, and to establish standards and procedures for verifying the death or permanent disability of the applicant's parent, and for the latter purpose is authorized to require a physical examination and to pay for the cost of the same from funds appropriated for use by the authority for the purposes of this article.
ARTICLE 8 Regents Opportunity Assistance Program
32-3781. Regents opportunity assistance program. The authority is authorized to establish and administer a program of scholarships, grants, or cancelable loans to economically disadvantaged students who are residents of Georgia enrolled in a graduate or professional degree program in a branch of the University System of

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Georgia. The eligibility of students and the criteria for the award of such financial aid shall be determined by the Board of Regents. Such assistance may be awarded to the extent that funds are provided therefor in the annual appropriations Act of the General Assembly. In the event such assistance shall be provided in the form of cancelable loans, such loans shall be guaranteed by the Georgia Higher Education Assistance Corporation. The term `resident of Georgia' as used in this Code section shall mean any person classified by the Board of Regents as a resident of Georgia for tuition and matriculation fee purposes."
Section 4. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 5. An Act creating the Georgia State Scholarship Commission, approved March 12, 1965 (Ga. Laws 1965, p. 210), as amended; an Act creating the Georgia Higher Education Assistance Corporation, approved March 12, 1965 (Ga. Laws 1965, p. 217), as amended; an Act creating the Georgia Higher Education Assistance Authority, approved April 25, 1969 (Ga. Laws 1969, p. 683), as amended; an Act providing for educational grant assistance to certain students attending North Georgia College, approved March 18, 1976 (Ga. Laws 1976, p. 503), as amended; an Act providing for educational scholarship assistance to children of certain law enforcement officers, firemen, and prison guards, approved April 6, 1972 (Ga. Laws 1972, p. 1133), as amended; and an Act providing for educational grant assistance to certain students attending colleges and universities in the state which are not branches of the University System of Georgia, approved April 14, 1971 (Ga. Laws 1971, p. 906), as amended, are hereby repealed in their entirety.

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Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 24, 1980.

DEPARTMENT OF PUBLIC SAFETY ^ABSTRACTS OF DRIVING RECORDS.
Code Section 68B-215 Amended.
No. 1066 (House Bill No. 1463).
AN ACT
To amend Code Section 68B-215, relating to records to be kept by the Department of Public Safety, as amended, so as to change the provisions relating to the accidents required to be enumerated in the abstract; to change the provisions relating to the custodian of records; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 68B-215, relating to records to be kept by the Department of Public Safety, as amended, is hereby amended by striking in its entirety the first sentence of the unnumbered paragraph of subsection (c) and inserting in lieu thereof the following:
"The abstract shall include an enumeration of any accidents in which the individual was convicted of a moving traffic violation, such moving traffic violation convictions, information pertaining to financial responsibility, and any other information the Department may consider pertinent.",
so that when so amended subsection (c) shall read as follows:

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"(c) The Department shall furnish a certified abstract of a driver's operating record under the following circumstances:
(1) In accordance with the written instructions of the driver upon whom the operating record has been made and compiled.
(2) Pursuant to a written request, to a person who the Department has reason to believe intends to use the information in connection with the underwriting of insurance involving the driver. The person who makes a written request for a driver's operating record shall identify himself and shall have certified that the information contained in the record will be used for no other purpose and that he has on file an application for insurance or for the renewal or amendment thereof involving the driver or drivers.
The abstract shall include an enumeration of any accidents in which the individual was convicted of a moving traffic violation, such moving traffic violation convictions, information pertaining to financial responsibility, and any other information the Department may consider pertinent. The Department shall prescribe a fee for furnishing such abstract to cover the costs of administering this Section, such fee not to exceed $10.00. Subject to the provisions of subsection (d) of this Section, any person who submits a request for an abstract of a driving record other than one to which he is entitled pursuant to this Section shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor."
Section 2. Said Code section is further amended by striking subsection (e) in its entirety and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) The Commissioner shall designate members of the Department to be the official custodians of the records of the Department. Said custodians may certify copies or compilations, including extracts thereof, of the records of the Department. When so certified, such records shall be admissible as evidence in any civil or criminal proceeding as proof of the contents thereof."

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 24, 1980.

BANKS AND BANKING - RESTRICTIONS ON COMMISSIONER, OFFICIALS AND EXAMINERS.
Code Section 41A-207 Amended.
No. 1067 (House Bill No. 1561).
AN ACT
To amend Code Section 41A-207, relating to restrictions on the Commissioner, officials and examiners of the Department of Banking and Finance, so as to encompass transactions involving subsidiaries of financial institutions, and to revise the requirement that certain matters be reported to the Attorney General; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 41A-207, relating to restrictions on the Commissioner, officials and examiners of the Department of Banking and Finance, is hereby amended by striking said Code Section in its entirety and inserting in lieu thereof a new Code Section, so that when so amended Code Section 41A-207 shall read as follows:
"41A-207. Restrictions on Commissioner, Officials and Examiners.
(a) Except as provided in subsections (b) and (c), neither the Commissioner nor any other official or examiner of the Department shall directly or indirectly:

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(1) receive any money or property as a loan, gift, or otherwise from, or become indebted to, any financial institution or from or to any director, officer, agent, employee, attorney or subsidiary of a financial institution;
(2) own any share in or securities of a financial institution or otherwise have an ownership interest in a financial institution; or
(3) engage in the business of a financial institution.
(b) The Commissioner and other officials and examiners of the Department may borrow money in ordinary course from any financial institution existing under the laws of the United States, or subsidiary thereof, provided said financial institution or subsidiary is not examined, regulated and/or controlled by the Department, or owned or controlled by another bank or corporation which is or may be examined, regulated and/or controlled by the Department. All undertakings, including but not limited to such loans, which obligate the Commissioner, Deputy Commissioner and division directors to such a financial institution or subsidiary, directly or contingently by way of guaranty, endorsement or otherwise, or which renew or modify existing obligations, shall be reported by the individual concerned to the Attorney General in writing, on forms prescribed by the Attorney General, showing the nature of the undertaking and the amount and terms of the loan or other transaction within ten days after the execution thereof.
(c) The Commissioner may segregate examiners employed by the Department according to the class of financial institution each examiner regularly examines. Thereafter examiners may borrow in ordinary course from any class of financial institution not normally examined by the examiner receiving the credit. All borrowings from a financial institution by officials and examiners shall be reported by the borrower to the Commissioner immediately upon receipt of such credit. Nothing herein shall prohibit any official or employee of the Department from maintaining a deposit in any financial institution or owning a single share of a credit union.
(d) Except as hereinbefore provided, no director, officer, agent, employee, or attorney of a financial institution, individually or in his official capacity, shall knowingly participate in violations of this Section."

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Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 24, 1980.

REPORTS OF CHILD ABUSE BY PHYSICIANS, ETC.
Code Section 74-111 Amended.
No. 1068 (House Bill No. 1676).
AN ACT
To amend Code Section 74-111, relating to reports of child abuse by physicians, treating personnel, institutions, and others, as amended, so as to provide that certain photographs of an abused child may be taken without the permission of the child's parent or guardian; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 74-111, relating to reports of child abuse by physicians, treating personnel, institutions, and others, as amended, is hereby amended by adding to subsection (b) thereof the following:
"Photographs of the child's injuries to be used as documentation in support of allegations by hospital staff, physicians, law enforcement personnel, school officials, or staff of legally mandated public or private child protective agencies may be taken without the permission of the child's parent or guardian. Provided, however, that any photograph taken pursuant to this Code Section shall be taken in a manner which shall not reveal the identity of the subject.",

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so that when so amended subsection (b) of Code Section 74-111 shall read as follows:
"(b) Nature and content of report; to whom made. An oral report shall be made immediately by telephone or otherwise, and followed by a report in writing, if requested, to a child welfare agency providing protective services, as designated by the Department of Human Resources, or, in the absence of such agency, to an appropriate police authority. Such reports shall contain the name and addresses of the child and his parents or caretakers, if known, the child's age, the nature and extent of the child's injuries (including any evidence of previous injuries), and any other information that the reporting person believes might be helpful in establishing the cause of the injuries and the identity of the perpetrator. Photographs of the child's injuries to be used as documentation in support of allegations by hospital staff, physicians, law enforcement personnel, school officials, or staff of legally mandated public or private child protective agencies may be taken without the permission of the child's parent or guardian. Provided, however, that any photograph taken pursuant to this Code Section shall be taken in a manner which shall not reveal the identity of the subject."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 24, 1980.

GEORGIA SAFE DAMS ACT OF 1978 AMENDED.
No. 1069 (House Bill No. 1748). AN ACT
To amend an Act establishing the Georgia Safe Dams Act of 1978, approved March 7, 1978, (Ga. Laws 1978, p. 795), so as to

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923

provide for administrative and judicial review of the classification of dams by the Soil and Water Conservation Committee; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act known as the Georgia Safe Dams Act of 1978, approved March 7, 1978 (Ga. Laws 1978, p. 795), is hereby amended by striking Section 11 in its entirety and inserting in lieu thereof a new Section 11 to read as follows:
"Section 11. Administrative and Judicial Review, (a) Any person who is aggrieved or adversely affected by an order or action of the Director shall be entitled to administrative and judicial review in accordance with Section 17(a) of the Executive Reorganization Act of 1972.
(b) When the owner of, operator of, or a person desiring to construct or in the physical process of constructing a dam or an artificial barrier which impounds or diverts water is served a written notice by the Director that such dam or artificial barrier has been classified as a Category I dam by the Committee in accordance with the provisions of this Act, such classification is deemed to be an order or action of the Director for purposes of this Section and the effective date of such order or action shall be the date of service thereof."
Section 2. This Act shall become effective upon its approval by the Governor, or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 24, 1980.

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COOPERATIVE MARKETING ACT AMENDED.
Code Chapter 65-2 Amended.
No. 1070 (House Bill No. 1801).
AN ACT
To amend Code Chapter 65-2, known as the "Cooperative Marketing Act," as amended, so as to remove the dividend limitation on preferred stock; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Chapter 65-2, known as the "Cooperative Marketing Act," as amended, is hereby amended by striking from the second sentence of Code Section 65-215, the first time such words appear in that sentence, the words and commas:
", not exceeding eight per cent, per annum,",
so that when so amended said second sentence shall read as follows:
"The contract may provide that the association may sell or resell the products of its members, with or without taking title thereto; and pay over to its members the resale price, after deducting all necessary selling, overhead and other costs and expenses, including dividends on preferred stock and reserves for retiring the stock, if any; and other proper reserves; and dividends not exceeding eight per cent, per annum upon common stock; or other items deemed proper."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 24, 1980.

EMPLOYEES' RETIREMENT SYSTEM ACT AMENDED.
No. 1071 (Senate Bill No. 42).
AN ACT
To amend an Act establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, so as to change the definition of accumulated contributions; to provide a definition; to change the method of making employee contributions to the Retirement System; to provide that the employer shall make certain employee contributions to the Retirement System on behalf of members; to provide for the continuation of certain employee contributions by members; to provide that the monthly employee contributions made by employers on behalf of members shall be used in the computation of earnable compensation for the computation of retirement benefits and group term life insurance payments; to provide that, under certain circumstances, the employee contributions made by employers on behalf of active members shall be used for the purpose of computing retirement benefits and group term life insurance payments; to provide that members shall retain other rights, privileges, obligations and duties specified in the provisions of the Retirement System Act; to specify to whom this Act does not apply; to provide that employee contributions made by employers on behalf of employees shall not be included in employee gross income reported for Federal and State income tax purposes; to amend an Act establishing the Georgia Legislative Retirement System, approved March 31, 1967 (Ga. Laws 1967, p. 259), as amended, particularly by an Act approved April 13, 1979 (Ga. Laws 1979, p. 931), so as to change the definition of "accumulated contributions"; to provide for refunds of accumu-

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lated contributions under certain circumstances; to change the method of making employee contributions to the Retirement System; to provide that the employer shall make certain employee contributions to the Retirement System on behalf of members; to provide for the continuation of certain employee contributions by members; to provide that all members retain rights, privileges, obligations and duties provided by the provisions of the Act; to amend an Act creating the Superior Court Judges Retirement System, approved March 24, 1976 (Ga. Laws 1976, p. 586), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 607), so as to change the method of making employee contributions to the Retirement System; to provide that the employer shall make certain employee contributions to the Retirement System on behalf of members; to provide for the continuation of certain employee contributions by members; to provide that the monthly contributions made by employers on behalf of members shall be used in the computation of State salaries for the computation of retirement benefits; to change the provisions relative to refunds of contributions; to provide that members shall retain and be subject to all other rights, privileges, obligations and duties provided by other provisions of the Act; to amend an Act creating the office of Judge of the Superior Courts, Emeritus, approved March 9, 1945 (Ga. Laws 1945, p. 362), as amended, so as to change the method of making employee contributions to the Fund; to provide that the employer shall make certain employee contributions to the Fund on behalf of members; to provide for the continuation of certain employee contributions by members; to provide that the monthly contributions made by employers on behalf of members shall be used in the computation of State salaries for the computation of retirement benefits; to provide that, with respect to certain retirees under certain circumstances, the employee contributions paid by the employer on behalf of active members shall be used for the purpose of computing monthly retirement benefits; to change the provisions relative to refunds of contributions; to provide that members shall retain and be subject to all other rights, privileges, obligations and duties provided by other provisions of the Act; to amend an Act creating the District Attorneys' Retirement System, approved April 10, 1978 (Ga. Laws 1978, p. 2173), as amended, so as to change the method of making employee contributions to the Retirement System; to provide that the employer shall make certain employee contributions to the Retirement System on behalf of members; to provide for the continuation of certain employee contributions by members; to provide that

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927

the monthly contributions made by employers on behalf of members shall be used in the computation of average annual compensation for the computation of retirement benefits; to change the provisions relative to refunds of contributions; to provide that members shall retain and be subject to all other rights, privileges, obligations and duties provided by other provisions of the Act; to amend an Act creating the office of Solicitor General (now District Attorney) Emeritus and creating a retirement fund, approved February 17, 1949 (Ga. Laws 1949, p. 780), as amended, so as to change the method of making employee contributions to the Fund; to provide that the employer shall make certain employee contributions to the Fund on behalf of members; to provide for the continuation of certain employee contributions by members; to provide that the monthly contributions made by employers on behalf of members shall be used in the computation of State salaries for the computation of retirement benefits; to change the provisions relative to refunds of contributions; to provide that members shall retain and be subject to all other rights, privileges, obligations and duties provided by other provisions of the Act; to amend an Act providing for the compensation and allowances of certain State officials, approved April 13, 1973 (Ga. Laws 1973, p. 701), as amended, particularly by an Act approved January 20, 1978 (Ga. Laws 1978, p. 4), so as to provide for an increase in the annual salary of certain State officials; to provide for severability; to provide effective dates; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia;

PART I
Section 1. An Act establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, is hereby amended by striking subsection (11) of Section 1 in its entirety and substituting in lieu thereof a new subsection (11) to read as follows:
"(11) `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. Beginning July 1, 1980,

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`accumulated contributions' shall include the amount of employee contributions paid by the employer on behalf of the employee and credited to the employee's individual account in the annuity savings fund, together with regular interest thereon."
Section 2. Said Act is further amended by adding at the end of paragraph (a) of subsection (1) of Section 8 the following:
"Beginning July 1, 1980, the employee contributions required by the provisions of the Employees' Retirement System Act shall be paid as provided in subsection (8) of this Section."
Section 3. Said Act is further amended by adding at the end of Section 8 a new subsection (8), to read as follows:
"(8) (a) As used in this subsection, the word `member' shall not include a member who, prior to July 1, 1980, elected to cease making contributions to the Retirement System pursuant to paragraph (a) of subsection (1) of this Section.
(b) From and after July 1, 1980, each employer shall pay, on behalf and to the credit of each member, to the Retirement System on each and every payroll period the employee membership contributions, specified by this Act, for membership service acquired after June 30, 1980, and the group term life insurance contributions required for group term life insurance coverage, except that each employer shall continue to cause to be deducted from the earnable compensation of each member for each and every payroll period one-half of one percent of such earnable compensation. Of the onehalf of one percent deducted from the earnable compensation of members, one-quarter of one percent shall be credited to the individual accounts of the members in the annuity savings fund and the remaining one-quarter of one percent shall be credited to the group term life insurance fund in lieu of the deduction therefor required by paragraph (a) of subsection (4) of Section 17 of the Employees' Retirement System Act. In the event a member is not covered by group term life insurance, the entire one-half of one percent deducted from his earnable compensation shall be credited to his individual account in the annuity savings fund.
(c) With respect to members covered by Section 19 of the Employees' Retirement System Act, the employers shall pay

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employee contributions on behalf of such members in an amount equal to the amount paid pursuant to paragraph (b) above on behalf of a member with an identical amount of eamable compensation. Such members shall continue to have deducted from their earnable compensation the additional amount of employee contributions required by Section 19.
(d) As to any member, the monthly employee contributions made by the employer on behalf of the member as provided in this subsection shall be used in the computation of the member's earnable compensation for the computation of retirement benefits and for the computation of group term life insurance payments, if applicable.
(e) With respect to any persons who have retired or retire in the future, pursuant to Section 19 of the Employees' Retirement System Act, the monthly employee contributions paid by the employer on behalf of an active member as provided in paragraph (c) of this subsection shall be included in current salary and used for the purpose of computing the monthly retirement benefits under Section 19, and for the purpose of computing group term life insurance payments, if applicable. The monthly retirement benefit of each heretofore retired person shall be increased accordingly, effective July 1, 1980.
(f) All members shall retain, have and be subject to all other rights, privileges, obligations and duties specified by other provisions of this Act, and all such other provisions shall remain of full force and effect with respect to any matter not specifically provided for in this subsection.
(g) The provisions of this subsection shall not apply to city or county officials or city or county employees who are members of the Retirement System but who are considered State employees only for the purpose of membership in the Retirement System, except that the provisions of this subsection shall apply to officials and employees of county health departments who are members of the Retirement System."
Section 4. Said Act is further amended by adding the following language at the end of that Section relating to income reported for federal and state income tax purposes provided for by the amenda30

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GENERAL ACTS AND RESOLUTIONS, VOL. I

tory Act, approved March 27, 1972 (Ga. Laws 1972, p. 546), as follows:
", nor shall it pertain to employee contributions made by employers on behalf of employees",
so that when so amended said Section shall read as follows:
"Any other provisions of law to the contrary notwithstanding, all employee contributions toward retirement allowances, social security benefits and group term life insurance shall be included in employee gross income reported for federal and state income tax purposes. This Section shall not pertain to employer contributions as distinguished from employee contributions, nor shall it pertain to employee contributions made by employers on behalf of employees."
Section 5. Nothing contained within this part of this Act shall be deemed or construed in any manner to divest any member of the Employees' Retirement System of any contractual or vested right, benefit or privilege which such member enjoyed or possessed prior to the effective date of this Act.
PART II
Section 6. An Act establishing the Georgia Legislative Retirement System, approved March 31,1967 (Ga. Laws 1967, p. 259), as amended, particularly by an Act approved April 13, 1979 (Ga. Laws 1979, p. 931), is hereby amended by adding at the end of subsection (9) of Section 1 the following:
"Beginning on the second Monday in January, 1981,^`accumulated contributions' shall include the amount of employee contributions paid by the employer on behalf of members, together with regular interest thereon, excluding employee contributions paid by the employer for group term life insurance coverage."
Section 7. Said Act is further amended by striking from Section 9 the word "aggregate" wherever the same appears and inserting in lieu thereof the word "accumulated" so that when so amended Section 9 shall read as follows:

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"Section 9. Should a member cease to be a member of the System, for reasons other than retirement or death, he shall be paid as promptly as feasible after his request, his accumulated contributions. Should he die before payment has been made, the amount of his accumulated contributions shall be paid to such person as he shall have nominated by written designation filed with the Board, otherwise to his estate."
Section 8. Said Act is further amended by adding two new subsections at the end of Section 12, to be designated as subsections (4) and (5), to read as follows:
"(4) From and after the second Monday in January, 1981, the employer shall pay to the Retirement System on each and every payroll period employee contributions and group term life insurance contributions on behalf and to the credit of members in an amount equal to the amount which would be paid pursuant to subsection (8) of Section 8 of the Employees' Retirement System Act if the member were a member of the Employees' Retirement System. Such members shall have deducted by the Legislative Fiscal Officer from their monthly salary the additional amount of employee contributions required by this Act.
(5) All members shall retain, have and be subject to all other rights, privileges, obligations and duties provided for by other provisions of this Act, and all such other provisions shall remain of full force and effect with respect to any matter not specifically provided for in this amendment."
PART III
Section 9. An Act creating the Superior Court Judges Retirement System, approved March 24, 1976 (Ga. Laws 1976, p. 586), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 607), is hereby amended by adding two new subsections at the end of Section 10 of Part I of said Act, following subsection (c), to be designated as subsections (d) and (e), to read as follows:
"(d) Beginning July 1, 1980, the employer shall pay to the Retirement System on each and every payroll period employee contributions on behalf and to the credit of such judges in an amount

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equal to the amount which would be paid to the annuity savings fund pursuant to subsection (8) of Section 8 of the Employees' Retirement System Act if the judge were a member of the Employees' Retirement System. Such judges shall continue to have deducted from their State salaries the additional amount of employee contributions required by this Act.
(e) All members shall retain, have and be subject to all other rights, privileges, obligations and duties provided for by other provisions of this Act, and all such other provisions shall remain of full force and effect with respect to any matter not specifically provided for in this amendment."
Section 10. Said Act is further amended by adding the following language at the end of subsection (b) of Section 11 of Part I of the Act:
"The monthly employee contributions made by the employer on behalf of a judge as provided in subsection (d) of Section 10 shall be used in the computation of the judge's State salary for the computation of retirement benefits."
Section 11. Said Act is further amended by adding the following language at the end of Section 14 of Part I of the Act:
"The employee contributions paid by the employer to the Retirement System on behalf of a judge as provided in subsection (d) of Section 10 after July 1, 1980, shall be considered to be payments made by the judge."
PART IV
Section 12. An Act creating the office of Judge of the Superior Courts, Emeritus, approved March 9, 1945 (Ga. Laws 1945, p. 362), as amended, is hereby amended by adding four new subsections to Section 10, to be designated as subsections (c), (d), (e), and (f), to read as follows:
"(c) Beginning July 1, 1980, the employer shall pay to the Fund on each and every payroll period employee contributions on behalf and to the credit of such judges of the superior court in an amount equal to the amount which would be paid to the annuitv

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savings fund pursuant to subsection (8) of Section 8 of the Employees' Retirement System Act if the judge of the superior court were a member of the Employees' Retirement System. Such judges of the superior court shall continue to have deducted from their State salaries the additional amount of employee contributions required by this Act.
(d) The monthly employee contributions made by the employer on behalf of a judge of the superior courts as provided in the above subsection (c) of Section 10 shall be used in the computation of the judge's State salary for the computation of retirement benefits.
(e) With respect to any Senior Judges who have retired or retire in the future, the employee contributions paid by the employer on behalf of an active judge of the superior court as provided in the above subsection (c) of Section 10 shall be included in current salary and used for the purpose of computing the monthly retirement benefits provided by this Act. The monthly retirement benefit of each heretofore retired Senior Judge shall be increased accordingly, effective July 1, 1980.
(f) All members shall retain, have and be subject to all other rights, privileges, obligations and duties provided for by other provisions of this Act, and all such other provisions shall remain of full force and effect with respect to any matter not specifically provided for in this amendment."
Section 13. Said Act is further amended by adding the following language at the end of Section 15 and at the end of Section 16 of the Act:
"The employee contributions paid by the employer to the Fund on behalf of a judge of the superior courts as provided in subsection (c) of Section 10 after July 1, 1980, shall be considered to be payments made by the judge."
PART V
Section 14. An Act creating the District Attorney's Retirement System, approved April 1, 1978 (Ga. Laws 1978, p. 2173), as amended, is hereby amended by adding two new subsections at the end of Section 10 of the Act, to be designated as subsections (d) and (e), to read as follows:

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"(d) Beginning July 1, 1980, the employer shall pay to the Retirement System on each and every payroll period employee contributions on behalf and to the credit of such district attorneys in an amount equal to the amount which would be paid to the annuity savings fund pursuant to subsection (8) of Section 8 of the Employees' Retirement System Act if the district attorney were a member of the Employees' Retirement System. Such district attorneys shall continue to have deducted from their State salaries the additional amount of employee contributions required by this Act.
(e) All members shall retain, have and be subject to all other rights, privileges, obligations and duties provided for by other provisions of this Act, and all such other provisions shall remain of full force and effect with respect to any matter not specifically provided for in this amendment."
Section 15. Said Act is further amended by adding a new subsection at the end of Section 11, to be designated as subsection (e), to read as follows:
"(e) The monthly contributions made by the employer on behalf of a district attorney as provided in subsection (d) of Section 10 of this Act shall be used in the computation of the district attorney's average annual compensation for the computation of retirement benefits."
Section 16. Said Act is further amended by adding at the end of subsection (a) of Section 14 the following language:
"The employee contributions paid by the employer to the Retirement System on behalf of a district attorney as provided in subsection (d) of Section 10 after July 1, 1980, shall be considered to be payments made by the district attorney."
PART VI
Section 17. An Act creating the office of Solicitor General (now District Attorney) Emeritus and creating a retirement fund, approved February 17, 1949 (Ga. Laws 1949, p. 780), as amended, is hereby amended by designating the current provisions of Section 10 as subsection (a) of Section 10 and by adding three new subsections at the end of Section 10, to be designated as subsections (b), (c), and (d), to read as follows:

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"(b) Beginning July 1, 1980, the employer shall pay to the Fund on each and every payroll period employee contributions on behalf and to the credit of such district attorneys in an amount equal to the amount which would be paid to the annuity savings fund pursuant to subsection (8) of Section 8 of the Employees' Retirement System Act if the district attorney were a member of the Employees' Retirement System. Such district attorneys shall continue to have deducted from their State salaries the additional amount of employee contributions required by this Act.
(c) The monthly employee contributions made by the employer on behalf of a district attorney as provided in the above subsection (b) of Section 10 shall be used in the computation of the district attorney's State salary for the computation of retirement benefits.
(d) All members shall retain, have and be subject to all other rights, privileges, obligations and duties provided for by other provisions of this Act, and all such other provisions shall remain of full force and effect with respect to any matter not specifically provided for in this amendment."
Section 18. Said Act is further amended by adding at the end of Section 11 and at the end of Section 12 the following language:
"The employee contributions paid by the employer to the Fund on behalf of a district attorney as provided in subsection (b) of Section 10 after July 1, 1980, shall be considered to be payments made by the district attorney."
PART VII
Section 19. An Act providing for the compensation and allowances of certain State officials, approved April 13, 1973 (Ga. Laws 1973, p. 701), as amended, particularly by an Act approved January 20, 1978 (Ga. Laws 1978, p. 4), is hereby amended by adding at the end of Section 2 the following:
"The annual salary being received on June 30, 1980, of each State official listed above, except members of the General Assembly, who is not a contributing member of a State retirement system and, therefore, does not benefit by or participate in any program whereunder a portion of the employee contributions to the State retire-

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ment system are made on behalf of the employee by the employer, shall be increased by 8%, effective on July 1, 1980."
PART VIII
Section 20. In the event any section, subsection, sentence, clause or phrase of this entire Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this entire Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this entire Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 21. As to members of the General Assembly who are members of the Employees' Retirement System of Georgia or members of the Georgia Legislative Retirement System, this Act shall become effective on the second Monday in January, 1981. For all other purposes, this Act shall become effective on July 1, 1980.
Section 22. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 24, 1980.

VISITATION RIGHTS, ETC. OF GRANDPARENTS.
No. 1072 (Senate Bill No. 43).
AN ACT
To amend an Act relating to the grandparents of certain children, approved February 27, 1976 (Ga. Laws 1976, p. 247), so as to provide for the grant of visitation rights when the question of guard-

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ianship of a minor child is before the court, when one parent dies, or when the parental rights of a natural parent are terminated; to provide for intervention; to provide for original pleadings; to provide for limitations; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section I. An Act relating to the grandparents of certain children, approved February 27, 1976 (Ga. Laws 1976, p. 247), is hereby amended by striking Section 1 of said Act in its entirety and substituting in lieu thereof a new Section 1 to read as follows:
"Section L (a) Whenever any court in this State shall have before it any question concerning the guardianship of any minor child or whenever one parent shall die or whenever one parent shall die and the survivor remarry regardless of whether the minor child is adopted by its stepmother or stepfather or whenever any court has terminated the parental rights of one of the natural parents of the minor child, the court may, in its discretion pursuant to subsection (b), grant reasonable visitation rights to the maternal and paternal grandparents of the child. Any court granting such rights may issue its necessary order to enforce the grant.
(b) (1) Any grandparent shall have the right to intervene in an action involving the guardianship of any minor child to obtain visitation rights to said minor child.
(2) The parent of the minor child's parent who has died shall have the right to file an original pleading, but not more than once during any calendar year, to obtain visitation rights to said minor child.
(3) The parent of the minor child's parent whose parental rights have been terminated shall have the right to file an original pleading, but not more than once during any calendar year, to obtain visitation rights to said minor child,"
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 24, 1980.

CIVIL PROCEDURE - USE OF INTERROGATORIES.
No. 1073 (Senate Bill No. 60).
AN ACT
To amend an Act comprehensively and exhaustively revising, superseding and modernizing pretrial, trial and certain posttrial procedures in civil cases, approved March 18, 1966 (Ga. Laws 1966, p. 609), as amended, so as to restrict the use of interrogatories to parties; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act comprehensively and exhaustively revising, superseding and modernizing pretrial, trial and certain posttrial procedures in civil cases, approved March 18; 1966 (Ga. Laws 1966, p. 609), as amended, is hereby amended by adding at the end of the first paragraph of subsection (a) of Section 33, immediately following the word "party", the following:
"; provided, however, that no party may serve interrogatories on any other party containing more than 50 interrogatories, including sub-parts, upon any other party without leave of court upon a showing of complex litigation or undue hardship incurred if such additional interrogatories are not permitted",
so that when so amended, the first paragraph of subsection (a) of Section 33 shall read as follows:
"Availability; Procedures for Use. Any party may serve upon any other party written interrogatories to be answered by the party

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served, or, if the party served is a public or private corporation or a partnership or association or governmental agency, by any officer or agent, who shall furnish such information as is available to the party. Interrogatories may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the summons and complaint upon that party; provided, however, that no party may serve interrogatories on any other party containing more than 50 interrogatories, including sub-parts, upon any other party without leave of court upon a showing of complex litigation or undue hardship incurred if such additional interrogatories are not permitted."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 24, 1980.

ACT CREATING OFFICE OF DISTRICT ATTORNEY EMERITUS AMENDED.
No. 1074 (Senate Bill No. 106).
AN ACT
To amend an Act creating the office of District Attorney Emeritus and creating a retirement fund, approved February 17, 1949 (Ga. Laws 1949, p. 780), as amended, so as to provide for survivor's benefits and for increased payments into the retirement fund; to provide for vesting of rights to benefits; to provide for payment of balances remaining after payment of benefits; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the office of District Attorney Emeritus and creating a retirement fund, approved February 17, 1949 (Ga. Laws 1949, p. 780), as amended, is hereby amended by adding to Section 9 thereof, the following:

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"Provided further that any district attorney who is married shall pay into the fund an amount equal to two and one-half percent of his State salary for each year of service up to a maximum of 19 years, and such payment shall entitle his surviving spouse to receive from the State of Georgia for life or until remarriage a sum equal to 50 percent of the benefits which he was receiving on the date of his death, if retired at such time, or which he would have been eligible to receive had he retired as of that date, if he had 19 years of creditable service as of the date of his death. If such district attorney had completed spouses' contributions for 10 years of creditable service as a district attorney but had not completed spouses' contributions for 19 years of creditable service as of the date of his death, his surviving spouse who is eligible for such benefits hereunder shall be entitled to receive for life or until remarriage a sum equal to the amount determined by multiplying one-half of the benefit he would have been entitled to receive upon completion of 19 years of creditable service without change in the salary he was receiving at the time of his death times the fraction which the district attorney's creditable service bears to 19 years. Those members with more than 19 years of creditable service shall utilize the salary level of the most recent 19 years of service when determining the contribution for spouses' benefits as herein provided. Any member who was compensated by the fee system prior to 1969 shall pay the required two and one-half percent contribution for spouses' benefits on the basis of $9,000.00 per annum, if such fees were less than that amount, or on the basis of the actual fees received, if more than $9,000.00 per annum, up to a maximum of $18,000.00 as the basis for such contributions. In addition to the foregoing contributions, a member obtaining spouses' benefits hereunder shall pay interest on such contributions at the rate of five percent compounded annually up to the date of payment of such contributions. All contributions to obtain creditable service for the purpose of spouses' benefits, plus interest thereon, shall be paid within two years after the effective date of this paragraph. A member who is not married shall not be required to make contributions as provided herein for spouses' benefits, but if such member subsequently marries, the member shall be required to begin making contributions for spouses' benefits and shall also make such contributions for prior service, as provided herein, within two years after becoming married. If the spouse of a member dies or if a member becomes divorced, contributions for spouses' benefits shall cease upon the member's giving notice to the trustees of the fund of such death or divorce, but if such member

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subsequently remarries, such member shall notify such trustees of such remarriage, and contributions for spouses' benefits shall be reinstated. If a member ceases making contributions for spouses' benefits for any reason provided for herein, there shall be no return of contributions for such spouses' benefits to the member."
Section 2. Said Act is further amended by striking the first sentence in Section 10 in its entirety and inserting in lieu thereof the following sentence:
"The payment into said fund of five percent (or seven and onehalf percent) of the State salary shall be deducted by the Department of Administrative Services monthly from the salary of each district attorney who is a member of the retirement fund created by this Act."
Section 3. Said Act is further amended by striking the last sentence in Section 12 in its entirety and inserting in lieu thereof the following:
"However, in the case of the death of any district attorney receiving benefits from his retirement fund at the time of his death, and not survived by a spouse, or of a surviving spouse of a district attorney receiving benefits, where neither the district attorney, his surviving spouse, or both, have received the total amount, without interest, paid by him to said fund, his estate shall receive from said fund the remainder of his payments thereto."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 24, 1980.

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EROSION AND SEDIMENTATION ACT OF 1975 AMENDED.
No. 1075 (Senate Bill No. 137).
AN ACT
To amend an Act known as the "Erosion and Sedimentation Act of 1975," approved April 24, 1975 (Ga. Laws 1975, p. 994), so as to change certain definitions; to change the minimum requirements for rules and regulations, ordinances or resolutions; to provide that ordinances shall meet certain standards; to authorize Districts to enter into agreements with local governments; to clarify the process of review by the Districts; to change certain exemptions from the provisions of the Act; to provide for enforcement of the Act; to provide for a process of certification of a county or municipality as an issuing authority; to provide for revocation of such certification; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section I. An Act known as the "Erosion and Sedimentation Act of 1975," approved April 24, 1975 (Ga. Laws 1975, p. 994), is hereby amended by striking subsection (a) of Section 3 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) `Land-disturbing activity' means any activity which may result in soil erosion from water or wind and the movement of sediments into State water or onto lands within the State, including, but not limited to, clearing, dredging, grading, excavating, transporting and filling of land, other than federal and State lands, except that the term shall not include those activities exempted by Section 11 of this Act."
Section 2. Said Act is further amended by striking subsection (j) of Section 3 in its entirety and substituting in lieu thereof a new subsection (j) to read as follows:
"(j) `Issuing Authority' shall mean the governing authority of any county or municipality which is certified pursuant to subsection (a) of Section 12 of this Act and the Division in those instances where an application for a permit is submitted to the Division."

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Section 3. Said Act is further amended by striking the word "that" where the same appears immediately, preceding the colon appearing in the first paragraph of Section 4 and inserting in lieu thereof the following:
"sound conservation and engineering practices to prevent and minimize erosion and resultant sedimentation and which are consistent with the following",
so that when so amended Section 4 shall read as follows:
"Section 4. The rules and regulations, ordinances or resolutions adopted pursuant to the provisions of this Act, provided for hereinafter, for the purpose of governing land-disturbing activities shall require as a minimum sound conservation and engineering practices to prevent and minimize erosion and resultant sedimentation and which are consistent with the following:
(a) Stripping of vegetation, regrading and other development activities shall be conducted in such a manner so as to minimize erosion.
(b) Cut-fill operations must be kept to a minimum.
(c) Development plans must conform to topography and soil type so as to create the lowest practical erosion potential.
(d) Whenever feasible, natural vegetation shall be retained, protected and supplemented.
(e) The disturbed area and the duration of exposure to erosive elements shall be kept to a practicable minimum.
(f) Disturbed soil shall be stabilized as quickly as practicable.
(g) Temporary vegetation or mulching shall be employed to protect exposed critical areas during development.
(h) Permanent vegetation and structural erosion control measures must be installed as soon as practicable.

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(i) To the extent necessary, sediment in run-off water must be trapped by the use of debris basins, sediment basins, silt traps, or similar measures until the disturbed area is stabilized.
(j) Adequate provisions must be provided to minimize damage from surface water to the cut face of excavations or the sloping surfaces of fills.
(k) Cuts and fills may not endanger adjoining property.
(l) Fills may not encroach upon natural water courses or constructed channels in a manner so as to adversely affect other property owners.
(m) Grading equipment must cross flowing streams by the means of bridges or culverts except when such methods are not feasible and provided, in any case, that such crossings are kept to a minimum."
Section 4. Said Act is further amended by striking from the second sentence of Section 5 the following:
"contain provisions which conform to the minimum requirements set forth in section 4 of",
and inserting in lieu thereof the following:
"be consistent with the standards provided by", -
and by striking from said second sentence the following:
", and may contain provisions which are more stringent than those provided in this Act",
so that when so amended Section 5 shall read as follows:
"Section 5. The governing authority of each county and each municipality shall adopt a comprehensive ordinance establishing the procedures governing land-disturbing activities which are conducted within their respective boundaries. Such ordinances shall be consistent with the standards provided by this Act . Provided, however, that local governing authorities shall have the authority,

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by such ordinance, to delegate in total or in part the responsibilities of the governing authorities as set forth in this Act, to any constitutional or statutory local planning and zoning commission."
Section 5. Said Act is further amended by striking Section 7 in its entirety and substituting in lieu thereof a new Section 7 to read as follows:
"Section 7. (a) No land-disturbing activities shall be conducted in this State, except those land-disturbing activities provided for in Section 11 of this Act, -without first securing the permit required herein.
(b) In those counties and municipalities which are certified pursuant to subsection (a) of Section 12 of this Act, the application for such permit shall be made to and the permit shall be issued by the governing authority of the county wherein such land-disturbing activities are to occur in the event such activities will occur outside the corporate limits of a municipality; and in those instances where such activities will occur within the corporate limits of any municipality, the application for such permit shall be made to and the permit shall be issued by the governing authority of the municipality in which such land-disturbing activities are to occur.
(c) In those counties and municipalities which are not certified pursuant to subsection (a) of Section 12 of this Act, the application for such permit shall be made to and the permit shall be issued by the Division.
(d) Except as hereinafter provided, no permit shall be issued pursuant to subsection (b) or subsection (c) of this Section unless the erosion and sediment control plan has been approved by the appropriate District as is required by Section 9 of this Act. Provided, however, when the governing authority of a county or municipality lying within the boundaries of the District demonstrates capabilities to review and approve an erosion and sediment control plan and requests an agreement with the District to conduct such review and approval, the District shall, with the concurrence of the Committee, enter into such an agreement which allows the governing authority to conduct review and approval without referring the application and plan to the District if such governing authority meets the conditions specified by the District as set forth in the agreement. A Dis-

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trict may not enter into an agreement authorized herein with the governing authority of any county or municipality which is not certified pursuant to subsection (a) of Section 12 of this Act."
Section 6. Said Act is further amended by striking the word "Immediately" appearing at the beginning of Section 9 and inserting in lieu thereof the following:
"Except as otherwise provided by Section 7 of this Act, immediately",
and by striking from said Section 9 the word "recommendations" where the same appears immediately preceding the word "concerning" and inserting in lieu thereof the words "approval or disapproval", so that when so amended Section 9 shall read as follows:
"Section 9. Except as otherwise provided by Section 7 of this Act, immediately upon receipt of an application for a permit, the application and plan for sediment and erosion control shall be referred to the appropriate District wherein such land-disturbing activities are proposed to take place for its review and approval or disapproval concerning the adequacy of the erosion and sediment control plan proposed by the applicant."
Section 7. Said Act is further amended by striking Section 11 in its entirety and substituting in lieu thereof a new Section 11 to read as follows:
"Section 11. This Act shall not apply to the following activities:
(1) `Surface mining,' as the same is defined in subsection (a) of Section 3 of the `Georgia Surface Mining Act of 1968' (Ga. Laws 1968, p. 9), as now or hereafter amended;
(2) Granite quarrying and land clearing for such quarrying;
(3) Such minor land-disturbing activities as home gardens and individual home landscaping, repairs, maintenance work and other related activities which result in minor soil erosion;

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(4) The construction of single-family residences when such are constructed by or under contract with the owner for his own occupancy;
(5) Agricultural practices involving the establishment, cultivation or harvesting of products of the field or orchard, preparing and planting of pasture land, forestry land management practices including harvesting, farm ponds, dairy operations, and livestock and poultry management practices, and the construction of farm buildings;
(6) Any project carried out under the technical supervision of the Soil Conservation Service of the United States Department of Agriculture;
(7) Any project involving five acres or less; provided, however, this exemption shall not apply to any land-disturbing activity within 200 feet of the bank of any State waters which drains a land area of at least 100 square miles;
(8) Construction or maintenance projects, or both, undertaken or financed in whole or in part, or both, by the Department of Transportation, the Georgia Highway Authority, or the Georgia Tollway Authority, or any road construction or maintenance project, or both, undertaken by any county or any municipality or construction and maintenance, or either, by any water or sewerage authority established by the General Assembly of this State;
(9) Any land-disturbing activities conducted by any airport authority, but any such land-disturbing activity shall conform as may be feasible and practicable to the minimum standards set forth in Section 4 of this Act;
(10) Any land-disturbing activities conducted by any electric membership corporation, municipal electrical system or any public utility under the regulatory jurisdiction of the Public Service Commission, but any such land-disturbing activity shall conform as may be feasible and practicable to the minimum standards set forth in Section 4 of this Act."

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Section 8. Said Act is further amended by striking Section 12 in its entirety and substituting in lieu thereof a new Section 12 to read as follows:
"Section 12. (a) If a county or municipality has enacted ordinances which meet or exceed the standards, requirements and provisions of this Act and which are enforceable by such county or municipality, the Director may certify such county or municipality as an issuing authority for the purposes of this Act.
(b) The Districts or the Committee, or both, may periodically review the actions of counties and municipalities which have been certified as issuing authorities pursuant to subsection (a) of this Section. Such review may include, but shall not be limited to, review of the administration and enforcement of a governing authority's ordinance and review of conformance with an agreement, if any, between the District and the governing authority. If such review indicates that the governing authority of any county or municipality certified pursuant to subsection (a) of this Section has not administered or enforced its ordinance or has not conducted the program in accordance with any agreement entered into pursuant to subsection (d) of Section 7 of this Act, the Committee shall so notify the Division in writing and shall include appropriate documentation. Upon receipt of such written notification, the Division shall notify the governing authority of the county or municipality in writing of the Division's notification by the Committee. The governing authority of any county or municipality so notified shall have 30 days within which to take the necessary corrective action to retain certification as the issuing authority. If the county or municipality does not take necessary corrective action within 30 days after notification by the Division, the Division may revoke the certification of said county or municipality as an issuing authority."
Section 9. Said Act is further amended by redesignating Sections 14 and 15 as Sections 20 and 21, respectively, and by adding new Sections to be designated Sections 14, 15, 16, 17, and 18 to read as follows:
"Section 14. Whenever the Director of the Division has reason to believe that a violation of any provision of this Act, or any rule or regulation of the Board, or anv order of the Director has occurred in a countv or municipality which is not certified pursuant to subsec-

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tion (a) of Section 12 of this Act, the Director of the Division may issue an order directed to such violator or violators. The order shall specify the provisions of this Act or rules or regulations or order alleged to have been violated and may require that necessary corrective action be taken within a reasonable time to be prescribed in the order. Any order issued by the Director of the Division under this Section shall be signed by the Director. Any such order shall become final unless the person or persons named therein request in writing a hearing pursuant to Section 18 of this Act.
Section 15. Whenever, in the judgment of the Director of the Division, any person has engaged in or is about to engage in any act or practice which constitutes or would constitute a violation of this Act or the rules and regulations adopted pursuant hereto, or any order or permit conditions, in a county or municipality which is not certified pursuant to subsection (a) of Section 12 of this Act, he may make application to the Superior Court of the county where such person resides or, if a nonresident of the State, then to the Superior Court of the county in which the violative act or practice has been or is about to be engaged in, for an order enjoining such act or practice, or for an order requiring compliance with the Act or the rules and regulations adopted thereto, or the order or permit condition, and, upon a showing by the Director of the Division that such person has engaged in or is about to engage in any such violative act or practice, a permanent or temporary injunction, restraining order or other order shall be granted without the necessity of showing the lack of an adequate remedy at law.
Section 16. (a) Any person violating any provision of this Act or the rules and regulations adopted pursuant hereto, or any permit condition or limitation established pursuant to this Act, or negligently or intentionally failing or refusing to comply with any final or emergency order of the Director issued as provided in this Act, shall be liable for a civil penalty not to exceed $1,000 per day. Each day during which the violation or failure or refusal to comply continues shall be a separate violation.
(b) Whenever the Director of the Division has reason to believe that any person has violated any provision of this Act or any rule or regulation adopted pursuant hereto, or any permit condition, or has negligently or intentionally failed or refused to comply with any final order or emergency order of the Director, he may upon written

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request cause a hearing to be conducted before a hearing officer appointed by the Board. Upon finding that said person has violated any provision of this Act or any rule or regulation adopted pursuant hereto, or any permit condition, or has negligently or intentionally failed or refused to comply with any final order or emergency order of the Director of the Division, said hearing officer shall issue his decision imposing civil penalties as herein provided. Such hearing and any administrative or judicial review thereof shall be conducted in accordance with Section 18 of this Act.
(c) In rendering a decision under this Section imposing civil penalties, the hearing officer shall consider all factors which are relevant including, but not limited to, the following:
(1) The amount of civil penalty necessary to insure immediate and continued compliance, and the extent to which the violator may have profited by failing or delaying to comply;
(2) The character and degree of impact of the violation or failure on the natural resources of the State, especially any rare or unique natural phenomena;
(3) The conduct of the person incurring the civil penalty in promptly taking all feasible steps and procedures necessary or appropriate to comply or to correct the violation or failure;
(4) Any prior violations or failures to comply by such person with statutes, rules, regulations, orders or permits administered, adopted or issued by the Director of the Division;
(5) The character and degree of injury to or interference with public health or safety which is caused or threatened to be caused by such violation or failure;
(6) The character and degree of injury to or interference with reasonable use of property which is caused or threatened to be caused by such violation or failure.
(d) This Section shall apply only to violations or failures or refusals to comply which occur in a municipality or county which is not certified pursuant to subsection (a) of Section 12 of this Act.

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Section 17. Notwithstanding any other provision of this Act to the contrary, the Director, upon receipt of evidence that certain land-disturbing activities occurring in a municipality or county which is not certified pursuant to subsection (a) of Section 12 of this Act are presenting an imminent and substantial danger to the environment or to the health of humans, may bring suit as provided in Section 15 of this Act to immediately restrain any person causing or contributing to the danger caused by such land-disturbing activities, or to take such other action as may be necessary. If it is not practicable to assure prompt protection of the environment or the health of humans solely by commencement of such a civil action, the Director of the Division may issue such emergency orders as may be necessary to protect the environment or the health of humans who are or may be affected by such land-disturbing activities. Notwithstanding any other provision of this Act, such order shall be immediately effective for a period of not more than 48 hours, unless the Director of the Division brings an action under the first sentence of this Section before the expiration of such period. Whenever the Director brings such an action within such period, such order shall be effective for such period of time as may be authorized by the court pending litigation or thereafter.
Section 18. All hearings on and review of contested matters, orders or permits issued by or filed against the Director of the Division, and all hearings on and review of any other enforcement actions or orders initiated by the Director of the Division under this Act, shall be provided and conducted in accordance with the provisions of subsection (a) of Section 17 of the Act known as the `Executive Reorganization Act of 1972,' approved April 6, 1972 (Ga. Laws 1972, p. 1015). The hearing and review procedure herein provided is to the exclusion of all other means of hearings or review."

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

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Section 11. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 24, 1980.

HOMESTEAD EXEMPTIONS.
Code Title 51 Amended.
No. 1076 (Senate Bill No. 249).
AN ACT
To amend Code Title 51, relating to homesteads and exemptions, as amended, so as to provide for additional exemptions; to provide for exemptions to be used for the purposes of bankruptcy and in actions involving bankruptcy; to provide for legislative intent and construction; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The General Assembly finds that the federal Bankruptcy Reform Act of 1978 which was enacted after 8 years of study and debate and which was the first substantial reform of the bankruptcy laws in 40 years has significant ramifications for Georgia debtors and creditors. The General Assembly finds that of particular importance to debtors and creditors is the option authorized by that Act for states to elect between allowing Georgia debtors to claim the property exemptions authorized by the federal law and state law exemptions. In order to protect both the rights of creditors and debtors in making this election, the General Assembly finds that it is necessary to enact this Act to provide temporarily reasonable property exemptions for bankruptcy purposes until a thorough study of the impact of the election of either option can be studied by the General Assembly and appropriate legislation enacted.

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Section 2. Code Title 51, relating to homesteads and exemptions, as amended, is hereby amended by adding following Code Section 51-1301 a new Code section to be designated Code Section 51-1301.1 to read as follows:
"51-1301.1. Alternative exemption. In lieu of the exemption provided in Code Sections 51-1301 or 51-101, any debtor who is a natural person may exempt, pursuant to this chapter, for purposes of bankruptcy, the following property:
(1) The debtor's aggregate interest, not to exceed $5,000.00 in value, in real property or personal property that the debtor or a dependent of the debtor uses as a residence, in a cooperative that owns property that the debtor or a dependent of the debtor uses as a residence, or in a burial plot for the debtor or a dependent of the debtor; and
(2) The debtor's right to receive:
(A) A social security benefit, unemployment compen - sation, or a local public assistance benefit;
(B) A veteran's benefit;
(C) A disability, illness, or unemployment benefit;
(D) Alimony, support, or separate maintenance, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor;
(E) A payment under a pension, annuity, or similar plan or contract on account of illness, disability, death, age, or length of service to the extent reasonably necessary for the support of the debtor and any dependent of the debtor; and
(3) The debtor's interest, not to exceed $800.00 in value, in one motor vehicle; and
(4) The debtor's interest, not to exceed $200.00 in value in any particular item, in household furnishings, household goods, wearing apparel, appliances, books, animals, crops, or musical

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instruments that are held primarily for the personal, family, or household use of the debtor or a dependent of the debtor. The exemption of debtor's interest in the items contained in this subsection shall not exceed $3500 in total value; and
(5) The debtor's aggregate interest, not to exceed $400.00 in value, in jewelry held primarily for the personal, family, or household use of the debtor or a dependent of the debtor; and
(6) The debtor's aggregate interest, not to exceed $400.00 in value plus any unused amount of the exemption provided under paragraph (1) of this subsection, in any property; and
(7) The debtor's aggregate interest, not to exceed $500.00 in value, in any implements, professional books, or tools of the trade of the debtor or the trade of a dependent of the debtor; and
(8) Any unmatured life insurance contract owned by the debtor, other than a credit life insurance contract; and
(9) The debtor's aggregate interest, not to exceed $2,000.00 in value, less any amount of property of the estate transferred in the manner specified in Section 542(d) of U. S. Code Title 11, in any accrued dividend or interest under, or loan value of, any unmatured life insurance contract owned by the debtor under which the insured is the debtor or an individual of whom the debtor is a dependent; and
(10) Professionally prescribed health aids for the debtor or a dependent of the debtor; and
(11) The debtor's right to receive, or property that is traceable to:
(A) an award under a crime victim's reparation law;
(B) a payment on account of the wrongful death of an individual of whom the debtor was a dependent to the extent reasonably necessary for the support of the debtor and any dependent of the debtor;

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(C) a payment under a life insurance contract that insured the life of an individual of whom the debtor was a dependent on the date of such individual's death, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor;
(D) a payment, not to exceed $7,500.00, on account of personal bodily injury, not including pain and suffering or compensation for actual pecuniary loss, of the debtor or an individual of whom the debtor is a dependent; or
(E) a payment in compensation of loss of future earnings of the debtor or an individual of whom the debtor is or was a dependent, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor."
Section 3. Said Code title is further amended by adding at the end of Code Title 51a new Part III to read as follows:
"PART III. BANKRUPTCY
CHAPTER 51-16. BANKRUPTCY EXEMPTIONS
Section 51-1601. Exemptions for the purpose of bankruptcy. Pursuant to the provisions of 11 U.S.C. Section 522(b)(1), an individual debtor whose domicile is in Georgia is not authorized to apply or utilize and is hereby prohibited from applying or utilizing the provisions of 11 U.S.C. Section 522(d) in connection with exempting property from his or her estate and such individual debtor may exempt from property of his or her estate only such property that may be exempted from the estate pursuant to 11 U.S.C. Section 522(b)(2)(A) and (B). For the purposes of this chapter, an `individual debtor whose domicile is in Georgia' shall mean an individual whose domicile has been located in Georgia for the 180 days immediately preceding the date of the filing of the bankruptcy petition or for a longer portion of such 180 day period than in any other place."
Section 4. Code Sections 51-1301.1 and 51-1601, added by this Act, and this Act shall stand repealed in their entirety effective July 1, 1981.

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Section 5. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared adjudged invalid or unconstitutional.
Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 24, 1980.

PUBLIC TELECOMMUNICATIONS TASK FORCE CREATED.
No. 1077 (Senate Bill No. 290).
AN ACT
To create the Public Telecommunications Task Force; to provide for the responsibilities of the task force, its composition, and staffing; to provide for the termination of the task force; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS, public and educational television and public radio constitutes an increasingly important and significant source of social, cultural, and political information to the people of Georgia; and
WHEREAS, public and educational television and public radio has the potential to enrich significantly the educational experiences of all the citizens of the state, children and adults alike; and

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WHEREAS, public and educational television and public radio is an increasingly complex technological enterprise and will become more so in the future; and
WHEREAS, the cost of providing public and educational television and public radio has experienced a dramatic increase in the past decade and all projections for the future indicate that the costs associated with quality programming will continue to rise in the near future.
NOW, THEREFORE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. There is hereby created the Public Telecommunications Task Force to be composed of the following members;
Three members of the Board of Regents to be appointed by the chairman of the Board of Regents,
Three members of the State Board of Education to be appointed by the chairman of the State Board of Education,
Three members of the House of Representatives to be appointed by the Speaker of the House of Representatives,
Three members of the Senate to be appointed by the President of the Senate, and
Three members to be appointed by the Governor.
The Governor shall designate from the entire membership that individual who shall serve as chairman of the task force.
Section 2. Members of the General Assembly who serve on the task force shall receive the compensation and allowances authorized by law to be received by members of interim legislative study committees. The remaining members of the task force shall be reimbursed for their actual expenses incurred while engaged in the performance of their duties and responsibilities as members of the task force. The members of the task force who are members of the Board of Regents or the State Board of Education shall be reimbursed from those funds appropriated to or otherwise available

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to each respective and appropriate board. The remaining members of the task force shall be reimbursed from those funds appropriated to or otherwise available to the executive department.
Section 3. The task force shall make a thorough and exhaustive inquiry into the organizational, operational, and management structure alternatives which are deemed and recommended as most efficient and best equipped to allow the public and educational television and public radio responsibilities of the state to be exercised. The task force shall consult and advise with the Board of Regents and the State Board of Education in order to evaluate and address properly any particular areas of concern which each board has perceived and developed during the course of the tenure and experience which each respective board has exercised over their particular and unique areas of broadcast interest.
Section 4. The Office of Legislative Counsel, the Office of Planning and Budget, the State Department of Education, and the Board of Regents shall make available and provide to the task force such staff assistance, technical expertise, and counseling as shall be appropriate and desired by the task force and as shall be available and commensurate with and compatible with such agencies' ongoing responsibilities and commitments.
Section 5. The task force shall make a report of its findings and recommendations to the 1981 session of the Georgia General Assembly, at which time it shall stand abolished.
Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 24, 1980.

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BRUNSWICK JUDICIAL CIRCUIT - ADDITIONAL JUDGE.
No. 1078 (Senate Bill No. 326).
AN ACT
To provide for one additional judge of the superior courts of the Brunswick Judicial Circuit of Georgia; to provide for the appointment of the first such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers of said judge; to prescribe the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the counties comprising said circuit; to authorize the judges of said court to divide and allocate the work and duties thereof;, to require each candidate for such judgeship to designate the place for which he is running; to provide for the manner of empaneling jurors; to provide for an additional court reporter for said circuit; to authorize the governing authority of the counties which comprise the Brunswick Judicial Circuit to provide facilities, office space, supplies, equipment, and personnel for said judges; to declare inherent authority; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Pursuant to the provisions of Paragraph I, Section III, Article VI of the Constitution of Georgia of 1976, and as provided hereafter, one additional judge of the superior courts is hereby added to the Brunswick Judicial Circuit, thereby increasing to three the number of judges of said circuit.
Section 2. Said additional judge shall be appointed by the Governor for a term of office beginning on the date of his appointment and continuing through December 31, 1980, and until his successor is elected and qualified; such judge shall take office on the date of his appointment by the Governor. His successor shall be elected in the manner provided by law for the election of judges of the superior courts of this state at the general election in November, 1980, for a term of four years beginning on the first day of January, 1981, and until his successor is elected and qualified. Future successors shall be elected at the general election each four years after such election for terms of four years and until their successors are elected

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and qualified. They shall take office on the first day of January following the date of the election. Such elections shall be held and conducted in the manner provided by law for the election of judges of the superior courts of this state.
Section 3. Every person who offers for nomination and election as one of the judges of said superior courts of the Brunswick Judicial Circuit of Georgia shall designate with the state party authority in all state primaries and with the proper authority in all general elections the specific place for which he offers by naming the incumbent judge whom he desires to succeed; and thereupon he shall be qualified, if otherwise qualified, to run for said specific judgeship and no other. In the event there is no incumbent judge in the place for which he desires to offer, the candidate shall qualify by announcing his intention to run for the office for which there is no incumbent.
Section 4. The additional judge of the superior courts of the Brunswick Judicial Circuit of Georgia shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of the Brunswick Judicial Circuit may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law.
Section 5. The qualifications of such additional judge and his successors shall be the same as are now provided by law for all other superior court judges; and his compensation, salary, and expense allowance from the State of Georgia and from the counties of such circuit shall be the same as that of the other judges of the superior courts of the Brunswick Judicial Circuit. The provisions, if any, heretofore enacted for the supplementation by the counties of said circuit of the salaries of the judges of the superior courts of the Brunswick Judicial Circuit shall also be applicable to the additional judge provided for by this Act.
Section 6. All writs and processes in the superior courts of the Brunswick Judicial Circuit shall be returnable to the terms of said superior court as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law; and all terms of said courts shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide

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three judges coequal in jurisdiction and authority to attend to and perform the functions, powers, and duties of the judges of said superior courts and to direct and conduct all hearings and trials in said courts.
Section 7. The three judges of the superior courts of the Brunswick Judicial Circuit of Georgia in transacting the business of said courts and in performing their duties and responsibilities shall share, divide, and allocate the work and duties to be performed by each. In the event of any disagreement among said judges in any respect hereof, the decision of the senior judge in point of service, who shall be known as the chief judge, shall be controlling. The judge of the superior court of the Brunswick Judicial Circuit serving at the time this Act becomes effective shall be the first senior judge and shall continue as senior judge as long as he shall serve. Thereafter, the judge with the longest period of time of service shall be the senior judge. The chief judge shall have the right to appoint referees of the juvenile courts of the counties comprising said circuit; and, in the event a juvenile court is established in any of said counties within said circuit, as provided by law, the chief judge shall appoint the judge of said court as provided by law. The three judges of the superior courts of the Brunswick Judicial Circuit shall have, and they are hereby clothed with, full power, authority, and discretion to determine from time to time, and term to term, the manner of calling the dockets and fixing the calendars and order of business in said courts. They may assign to one of said judges the hearing of trials by jury for a term, and the hearing of all other matters not requiring a trial by a jury to one of the other judges; and they may rotate such order of business at the next term. They may conduct trials by jury at the same time in the same county or otherwise within said circuit, or they may hear chambers business and motion business at the same time at any place within said circuit. They may provide in all respects for holding the superior courts of said circuit so as to facilitate the hearing and determination of all the business of said courts at any time pending and ready for trial or hearing. In all such matters relating to the manner of fixing, arranging for, and disposing of the business of said courts, and making appointments as authorized by law where the judges thereof cannot agree or shall differ, the opinion or order of the chief judge as hereinbefore defined shall control.
31

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Section 8. The drawing and empaneling of all jurors, whether grand, petit, or special, may be by each of the judges of the superior courts of said circuit; and they, or each of them, shall have full power and authority to draw and empanel jurors for service in said courts so as to have jurors for the trial of cases before each of said judges separately or before each of them at the same time.
Section 9. The three judges of the Brunswick Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law.
Section 10. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Brunswick Judicial Circuit may bear teste in the name of any judge of the Brunswick Judicial Circuit and, when issued by and in the name of any judge of said circuit, shall be fully valid and may be heard and determined before the same or any other judge of said circuit. Any judge of said court may preside over any cause therein and perform any official act as judge thereof.
Section 11. Upon request of any judge of the circuit, the governing authorities of the counties comprising the Brunswick Judicial Circuit are hereby authorized to furnish the judges of said circuit with suitable courtrooms and facilities, office space, telephones, furniture, office equipment, supplies, and such personnel as may be considered necessary by the court to the proper function of the court. All of the expenditures authorized herein are hereby declared to be an expense of court and payable out of the county treasury as such.
Section 12. Nothing herein enumerated shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia.
Section 13. This Act shall become effective on the first day of the month following the month it is approved by the Governor or upon its becoming law without his approval.

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Section 14. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 24, 1980.

HEALTH INSURANCE PLAN FOR PUBLIC SCHOOL TEACHERS, ETC.
No. 1079 (Senate Bill No. 330).
AN ACT
To amend an Act authorizing the State Personnel Board to provide a health insurance plan for public school teachers of the State of Georgia, approved February 27, 1975 (Ga. Laws 1975, p. 37), as amended, so as to provide for coordination of benefits coverage; to provide for the investment of moneys in the health insurance fund by the Department of Administrative Services; to authorize the board to contract with health maintenance organizations and other corporations which provide similar benefits; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act authorizing the State Personnel Board to provide a health insurance plan for public school teachers of the State of Georgia, approved February 27, 1975 (Ga. Laws 1975, p. 37), as amended, is hereby amended by adding a new Section 7A immediately following Section 7 to read as follows:
"Section 7A. (a) In the situation where both husband and wife are eligible to be insured under this Act as either a retired public school teacher, a retiring public school teacher, or an employee, each may enroll for dependent coverage so that the benefits provided by this program will be coordinated; however, the sum of the total benefits provided by this program will not exceed the reasonable charges for covered services.

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(b) The board shall by July 1, 1980, develop and contract for a plan of health insurance which provides for the coordination of benefits coverage specified in subsection (a) of Section 7A. Those persons who elect to enroll in such plan and who are presently insured under this Act shall have six months from the effective date of the plan to enroll without furnishing a satisfactory health statement, after which anyone electing such coordination of benefits coverage must furnish said health statement."
Section 2. Said Act is further amended by striking Section 9 in its entirety and inserting in lieu thereof a new Section 9 to read as follows:
"Section 9. (a) There is hereby created a health insurance fund for public school teachers which shall be available without fiscal year limitations for premium, subscription charges, benefits, and administration costs. The amounts contributed by the state or from federal funds to such health insurance fund, pursuant to this Act shall be credited to such health insurance fund. All other income as well as the income derived from dividends, premium rate adjustments, or other refunds under any such contract or contracts shall be credited to and constitute a part of such fund. Any amounts remaining in such fund after all premiums or subscription charges and other expenses have been paid shall be retained in such fund as a special reserve for adverse fluctuation. The director shall be the custodian of such health insurance fund and shall be responsible under a properly approved bond for all moneys coming into said fund and paid out of said fund as may be required to be paid to any contracting corporation under any contract entered into pursuant to the provisions of this Act and to cover administrative costs.
(b) Any amounts held by the health insurance fund which are available for investment shall be paid over to the Fiscal Division of the Department of Administrative Services. The director, Fiscal Division of the Department of Administrative Services, shall deposit said funds in a trust account for credit only to the health insurance fund. The director, Fiscal Division of the Department of Administrative Services, shall invest these health insurance funds subject to all the terms, conditions, limitations, and restrictions imposed by the laws of the State of Georgia upon domestic life insurance companies in the making and disposing of their investments. All income derived from said investment shall accrue to the health insurance

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fund. When moneys are paid over to the Fiscal Division of the Department of Administrative Services, as provided herein, the commissioner shall submit an estimate of the date such funds shall no longer be available for investment. When the commissioner wishes to withdraw funds from the trust account provided for herein, he shall submit a request for such withdrawal, in writing, to the director, Fiscal Division of the Department of Administrative Services."
Section 3. Said Act is further amended by adding a new subsection (c) at the end of Section 11 to read as follows:
"(c) Said board may contract with any health maintenance organization qualified to conduct business in this state pursuant to Code Chapter 56-36, relating to health maintenance organizations, as the same now exists or may hereafter be amended, which provides evidence that it is qualified to operate as a health maintenance organization in accordance with the rules and regulations issued by the secretary of the Department of Health, Education and Welfare of the United States or may contract with any other corporation licensed under Title 56 which is authorized by law to provide the same types of benefits which are provided by such health maintenance organizations."
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 24, 1980.

STATE EMPLOYEES HEALTH INSURANCE TM HEALTH MAINTENANCE ORGANIZATIONS.
No. 1080 (Senate Bill No. 331).
AN ACT
To amend an Act relating to health insurance coverage for state employees, approved March 16, 1961 (Ga. Laws 1961, p. 147), as

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amended, so as to authorize the State Personnel Board to execute contracts with health maintenance organizations and other corporations which provide similar benefits; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act relating to health insurance coverage for state employees, approved March 16, 1961 (Ga. Laws 1961, p. 147), as amended, is hereby amended by adding a new paragraph at the end of Section 6 to read as follows:
"Said board may contract with any health maintenance organization qualified to conduct business in this state pursuant to Code Chapter 56-36, relating to health maintenance organizations, as the same now exists or may hereafter be amended, which provides evidence that it is qualified to operate as a health maintenance organization in accordance with the rules and regulations issued by the secretary of the Department of Health, Education and Welfare of the United States or may contract with any other corporation licensed under Title 56 which is authorized by law to provide the same types of benefits which are provided by such health maintenance organizations."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 24, 1980.

STATE EMPLOYEES HEALTH INSURANCE - DENTAL COVERAGE, VISION CARE, ETC.
No. 1081 (Senate Bill No. 346).
AN ACT
To amend an Act relating to a health insurance plan for state employees, approved March 16, 1961 (Ga. Laws 1961, p. 147), as

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amended, so as to authorize the board to provide coverage for dental services and vision care; to remove certain exclusions; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act relating to a health insurance plan for state employees, approved March 16, 1961 (Ga. Laws 1961, p. 147), as amended, is hereby amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows:
"Section 3. The State Personnel Board is hereby empowered and authorized to establish a health insurance plan for employees of the State of Georgia and to adopt and promulgate rules and regulations for its administration, subject to the limitations contained in this Act, which may provide for group hospitalization, surgical and medical insurance against the financial costs of hospitalization, surgery, medical treatment and care, and may also include, among other things, prescribed drugs, medicines, prosthetic appliances, hospital inpatient and outpatient service benefits, dental benefits, vision care benefits, and medical expense indemnity benefits, including major medical benefits."
Section 2. Said Act is further amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows:
"Section 4. Such health insurance shall not include expenses incurred by or on account of an individual prior to the effective date of the plan; services received for injury or sickness due to war or any act of war, whether declared or undeclared, which war or act of war shall have occurred after the effective date of this plan; expenses for which the individual is not required to make payment; expenses to the extent of benefits provided under any employer group plan other than this plan, in which the state participates in the cost thereof, and such other expenses as may be excluded by regulations of the board."

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Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 24, 1980.

STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS - MEMBERS, ETC.
Code Chapter 84-21 Amended.
No. 1082 (Senate Bill No. 361).
AN ACT
To amend Code Chapter 84-21, relating to professional engineers and land surveyors, so as to provide for the appointment and qualification of an additional member to the State Board of Registration for Professional Engineers and Land Surveyors; to provide for a quorum; to change certain voting requirements; to provide procedures connected with the foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Chapter 84-21, relating to professional engineers and land surveyors, is hereby amended by adding after Code Section 84-2104, relating to the State Board of Registration for Professional Engineers and Land Surveyors, a new section, to be designated Code Section 84-2104A, to read as follows:
"84-2104A. Effective July 1, 1980, the State Board of Registration for Professional Engineers and Land Surveyors shall, in addition to the members provided for above, consist of a sixth member who shall be appointed by the Governor from the public at large

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and shall have no connection whatsoever with the professions of engineering and land surveying. The initial term of appointment for the additional member provided for by this section shall expire June 30, 1985, and, thereafter, the Governor shall appoint successors for a term of five years. Notwithstanding any provision hereinafter otherwise, upon appointment of the additional member to the board, four members shall constitute a quorum and reissuance of a certificate or a certificate of registration to any person whose certificate or certificate of registration has been revoked or termination of any suspension imposed by the board shall be upon the affirmative vote of four or more members of the board and upon the payment of a fee prescribed by the board."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 24, 1980.

DEPOSITS OF PUBLIC FUNDS.
Code Chapter 89-8 Amended.
No. 1083 (Senate Bill No. 381).
AN ACT
To amend Code Chapter 89-8, relating to officers collecting, keeping, and accounting for public moneys, as amended, so as to authorize certain collecting officers and officers holding public funds to determine the amount of public money held by them which may be deposited and maintained in a particular depository; to provide that all such depositories shall give bond or other security for deposits of public funds; to exclude demand deposit checking accounts from the security requirement under certain conditions; to provide for pledge of securities in lieu of giving bond; to provide that the guarantee or insurance of accounts of the Federal Deposit Insurance Corporation and the Federal Savings and Loan Insurance

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Corporation shall be accepted by certain collecting officers and officers holding public funds to secure the deposit of public funds held by them; to provide that the bond, security, insurance, or any combination thereof shall be equal to not less than 110 percent of the public funds being secured; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Chapter 89-8, relating to officers collecting, keeping, and accounting for public moneys, as amended, is hereby amended by adding two new Code sections immediately following Code Section 89-810 to read as follows:
"89-810.1. Authority of collecting officers and officers holding public funds to determine amounts to be deposited, (a) Every collecting officer and officer holding public funds shall be authorized to determine, from time to time, in respect to all public funds held by such officer, any and all of the following:
(1) The maximum amount of public money which may be deposited in a particular depository;
(2) The maximum and minimum proportion of public funds which may be maintained in a particular depository;
(3) The amount of public funds to be deposited in particular depositories as time deposits and the periods of such deposits.
(b) All depositories shall give security for deposits of public funds. However, a collecting officer or officer holding public funds may, in his discretion, waive the requirement for security in the case of operating funds placed in demand deposit checking accounts.
(c) The provisions of this section shall not apply to collecting officers and officers holding public funds pursuant to the provisions of Code Title 100-1, relating to state depositories.
89-810.2. Depository to give bond; securities in lieu of bond, (a) The collecting officer or officer holding public funds may not have on deposit at any one time in any depository for a time longer than

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ten days a sum of money belonging to the public body when such depository has not given a bond to the public body as set forth herein. The bond to be given by depositories, where such bonds are required, shall be a surety bond signed by a surety company duly qualified and authorized to transact business within this state in a sum as so required. In lieu of such a surety bond, the depository may pledge to the public body as security any one or more of the obligations enumerated in Code Section 100-108, relating to the bond required to secure state deposits and securities in lieu of bond, as now or hereafter amended.
(b) The collecting officer or officer holding public funds shall accept the guarantee or insurance of accounts of the Federal Deposit Insurance Corporation and the guarantee or insurance of accounts of the Federal Savings and Loan Insurance Corporation to secure public funds on deposit in depositories to the extent authorized by federal law governing the Federal Deposit Insurance Corporation and the Federal Savings and Loan Insurance Corporation.
(c) A depository may secure deposits made with it partly by surety bond, partly by deposit of any one or more of the obligations referred to above, and partly by the guarantee or insurance referred to above or any combination thereof. The aggregate of the face value of such surety bond, face or par value of securities pledged, and amount of deposit insurance shall be equal to not less than 110 percent of the public funds being secured.
(d) The provisions of this section shall not apply to collecting officers and officers holding public funds pursuant to the provisions of Code Title 100-1, relating to state depositories."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 24, 1980.

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FINANCIAL INSTITUTIONS CODE OF GEORGIA AMENDED.
Code Title 41A Amended.
No. 1084 (Senate Bill No. 382).
AN ACT
To amend Code Title 41 A, known as the "Financial Institutions Code of Georgia," as amended, so as to redefine "trust company"; to authorize the department to waive or modify any requirement to publish a notice under certain conditions; to provide that the department may cause notice to be published advising persons who have claims against a financial institution to notify the department in the event a financial institution fails to file articles of dissolution after the department determines that dissolution proceedings have been completed; to provide that the department shall notify the Secretary of State that the articles of incorporation or charter are no longer valid and should be properly canceled if the department receives no such notifications of claim or if the claims are otherwise satisfied; to provide that the articles of incorporation or charter shall no longer be valid and the department shall notify the Secretary of State that the receivership has been concluded; to provide that the Secretary of State shall promptly cancel such articles or charter; to delete the authority of a corporation to act in a limited fiduciary capacity under certain conditions; to authorize a corporation to exercise incidental trust powers to the extent determined by the department under certain conditions; to provide that the term "credit union" shall include a federal credit union for the purpose of mergers; to provide that the investment of trust funds and other funds shall be legal investments to the extent that the funds are insured by the Georgia Credit Union Deposit Insurance Corporation; to authorize the Georgia Credit Union Deposit Insurance Corporation to insure deposits; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia;
Section 1. Code Title 41 A, known as the "Financial Institutions Code of Georgia," as amended, is hereby amended by striking subsection (nn) of Code Section 41 A-102 in its entirety and inserting in lieu thereof a new subsection (nn) to read as follows;

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"(nn) `Trust company' means a corporation existing under the laws of this state on April 1, 1975, or organized under this Code and authorized by law to engage in the business of acting as a fiduciary including a corporation exercising incidental trust powers under Code Section 41 A-1103(b)."
Section 2. Said Code title is further amended by striking Code Section 41 A-108 in its entirety and inserting in lieu thereof a new Code Section 41A-108 to read as follows:
"41A-108. Publication. Except as otherwise expressly provided, any notice or advertisement required by this Code to be published in a newspaper shall be published once a week for four weeks in the newspaper which is, on the date of the first such publication, the official organ (as determined pursuant to Code Section 39-1103) of the county which is or is to be the location of the registered office of the financial institution. The department may waive or modify any requirement to publish a notice in order to facilitate a merger, consolidation, or sale of assets pursuant to Code Section 13-203(c)(3), whether with an existing bank or a bank newly organized as a successor to a failed bank."
Section 3. Said Code title is further amended by adding a new subsection at the end of Code Section 41A-507, to be designated subsection (c), to read as follows:
"(c) Where a financial institution fails to file articles of dissolution within 180 days after the department determines that dissolution proceedings have been completed as provided in this chapter, the department may cause notice to be published in accordance with the provisions of this Code to the effect that persons having claims against the financial institution should notify the department within 30 days of the date of initial publication. If the department receives no such notifications or if claims are otherwise satisfied, the department shall notify the Secretary of State that the articles of incorporation or charter are no longer valid and should be promptly canceled of record in the offices of the Secretary of State."
Section 4. Said Code title is further amended by adding at the end of subsection (c) of Code Section 41A-811 a new sentence to read as follows:

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"Thereafter, the articles of incorporation or charter shall no longer be valid and the department shall notify the Secretary of State that the receivership has been concluded. The Secretary of State shall promptly cancel such articles or charter of record in that office."
Section 5. Said Code title is further amended by striking paragraph (3) of subsection (a) of Code Section 41A-1103, relating to the authority of a corporation to act in a limited fiduciary capacity incidental to the marketing or sale of securities on behalf of a religious, philanthropic, or charitable organization, in its entirety.
Section 6. Said Code title is further amended by redesignating subsection (b) of Code Section 41 A-1103 as subsection (c) and by adding a new subsection (b) to read as follows:
"(b) Corporations exercising incidental trust powers under former Code Section 41A-1103(a)(3), relating to the authority of a corporation to act in a limited fiduciary capacity incidental to the marketing or sale of securities on behalf of a religious, philanthropic, or charitable organization, shall be permitted to exercise trust powers to the extent determined by the department."
Section 7. Said Code title is further amended by adding a new subsection at the end of Code Section 41A-3118, to be designated subsection (c), to read as follows:
"(c) For purposes of this section, the term `credit union' shall include a federal credit union."
Section 8. Said Code title is further amended by striking Code Section 41A-3525 in its entirety and inserting in lieu thereof a new Code Section 41A-3525 to read as follows:
"41A-3525. Investment for trust funds and other funds. Administrators, executors, guardians, trustees, and other fiduciaries of every kind and nature, insurance companies, charitable, educational, eleemosynary and public corporations and organizations, and municipalities and other public corporations and bodies, and public officials are authorized to invest funds held by them, without any order of any court, in deposits in building and loan associations or savings and loan associations, which are insured by the Federal

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Savings and Loan Insurance Corporation or the Georgia Credit Union Deposit Insurance Corporation, and, to the extent of such insurance, such investments shall be deemed and held to be legal investments for such funds."
Section 9. Said Code title is further amended by striking Code Section 41A-3529 in its entirety and inserting in lieu thereof a new Code Section 41A-3529 to read ais follows:
"41A-3529. Requirements to obtain deposit insurance; public notice when deposits are not insured, (a) Every building and loan association shall be required to obtain deposit insurance satisfactory to the department before it may conduct business and accept deposits, except that:
(1) building and loan associations in existence and accepting deposits on April 1, 1975; and
(2) building and loan associations which have had their deposit insurance coverage withdrawn or canceled;
may, in the discretion of the department, continue to accept deposits; provided that within three years of April 1, 1975, in the case of associations excepted under subsection (a)(1) and within six months after withdrawal or cancellation of insurance in the case of associations excepted in subsection (a)(2), such associations shall obtain deposit insurance written by an insurance company authorized to transact business in this state and acceptable to the department or by the Federal Savings and Loan Insurance Corporation. The department may, in its discretion, for cause shown, extend the time limitation in which deposit insurance must be obtained.
(b) Deposit insurance required to be obtained in subsection (a) need not be in excess of amounts insured by the Federal Savings and Loan Insurance Corporation or the Georgia Credit Union Deposit Insurance Corporation at the time the insurance is obtained, but wherever the insurance coverage is, in the opinion of the department, less than amounts insured by the Federal Savings and Loan Insurance Corporation or the Georgia Credit Union Deposit Insurance Corporation, the building and loan association shall be required to post a sign in boldface print, in letters at least four inches high, at a conspicuous place near the entrance of such associ-

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ation, which states `Deposits Not Insured' or `Deposits Insured Up To (insert amount of deposit insurance).' Such wording shall also follow the name of the building and loan association wherever it is written or printed and shall be posted in writing which is easily legible in letters at least one inch high at each window or desk receiving deposits."
Section 10. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 11. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 24, 1980.

TRANSFERS OF DEEDS TO SECURE DEBTS.
Code Section 67-1305.1 Amended.
No. 1085 (Senate Bill No. 387).
AN ACT
To amend Code Section 67-1305.1, relating to transfers of deeds to secure debt, so as to change the procedures relative to transfers of deeds to secure debt; to provide that partial transfers shall be stated upon a separate instrument; to provide that transfers by a financial institution having deposits insured by an agency of the federal government or certain other lenders need not be recorded under certain conditions where the transferor retains the right to service or supervise the servicing of deeds or the interest therein; to provide that transfers by a financial institution shall be effective to provide the new transferee with priority over all subsequent claims against a deed and the indebtedness therein secured to the extent of the interest so transferred; to provide that a transfer or other instrument recorded by the holder shall be effective to transfer, satisfy, cancel, release, quitclaim, or modify all interest of the holder of record and

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all interest of all transferees claiming by, through, or under such holder of record of the deed to secure debt; to provide that a financial institution shall have the same rights, responsibilities, and obligations to act in all matters concerning the servicing of deeds to secure debt and the indebtedness therein secured as to third parties as if no such transfer had taken place; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 67-1305.1, relating to transfers of deeds to secure debt, is hereby amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 671305.1 to read as follows:
"67-1305.1. Transfers of deeds to secure debt, (a) All transfers of deeds to secure debt shall be in writing, signed by the grantee or, if the deed has been previously transferred, by the last transferee and shall be witnessed as required for deeds.
(b) Such transfers may be endorsed upon the original deed or may be by separate instrument identifying the same and shall be sufficient to transfer the property therein described and the indebtedness therein secured whether such indebtedness is evidenced by a note or other instrument or an indebtedness which arises out of the terms or operation of such deed, together with the powers granted without specific mention thereof.
(c) Transfer of a deed to secure debt and the indebtedness therein secured may be made in whole or in part, provided where such transfer is made in part, that portion of the deed and the indebtedness therein secured to be transferred, shall be stated upon a separate instrument and not upon the original deed.
(d) The transfer by a financial institution having deposits insured by an agency of the federal government or by a lender who regularly purchases or services residential real estate loans aggregating a minimum of $1 million secured by a first deed to secure debt encumbering real estate improved or to be improved by the construction thereon of one to four family dwelling units of a deed to secure debt and the indebtedness therein secured in whole or in part in accordance with the above, where the transferor retains the

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right to service or supervise the servicing of such deed or interest therein need not be recorded if:
(1) The original deed to secure debt has been recorded, and
(2) An agreement in writing exists on or before the date of transfer between the transferor and the transferee setting forth the terms of such transfer and the interests of the parties thereto, and
(3) Possession of the deed, the instrument of indebtedness, and the instrument of transfer is taken by such new transferee for himself or in his representative capacity or by a representative of such transferee (which may include the transferor or any other transferee provided the agreement in subsection [d][2] herein provides for such party to take possession).
(e) The transfer by such financial institution or lender as described in subsection (d) of this section of a deed to secure debt and the indebtedness therein secured, in whole or in part, without recording, in accordance herewith shall be effective to provide the new transferee with priority over all subsequent claims against such deed and the indebtedness therein secured to the extent of the interest so transferred and such priority shall not be lessened by the fact that the transfer is not recorded; provided, however, that a transfer, satisfaction, cancellation, release, quitclaim deed or modification executed and recorded by the holder of record of the deed to secure debt shall be effective to transfer, satisfy, cancel, release, quitclaim, or modify, as the case may be, all interest of the holder of record of the deed to secure debt and all interest of all transferees claiming by, through or under such holder of record of the deed to secure debt.
(f) Where the holder of the right to service or supervise the servicing of the transferred deed to secure debt and the indebtedness therein secured is a financial institution or lender as described in subsection (d) of this section, it shall have the same rights, responsibilities, and obligations to act in all matters concerning the servicing, administration and cancellation of such deed and indebtedness as to third parties as if no such transfer had taken place."

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Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 24, 1980.

GEORGIA PEACE OFFICER STANDARDS AND TRAINING ACT AMENDED- RADAR OPERATORS.
No. 1086 (Senate Bill No. 391).
AN ACT
To amend an Act known as the "Georgia Peace Officer Standards and Training Act," approved March 10, 1970 (Ga. Laws 1970, p. 208), as amended, so as to provide for the certification of certain persons operating radar speed detection devices by the Georgia Peace Officer Standards and Training Council; to prescribe the requirements of such certification, including the training thereof; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act known as the "Georgia Peace Officer Standards and Training Act," approved March 10, 1970 (Ga. Laws 1970, p. 208), as amended, is hereby amended by adding at the end of Section 2 of said Act a new subsection, to be designated subsection (j), to read as follows:
"(j) `Speed detection device' shall mean that particular device designed to measure the speed or velocity of a motor vehicle and marketed under the name `Vascar,' any device designed to measure the speed or velocity of motor vehicles using the Doppler principle

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of radio detection and ranging and commonly marketed under the name `Radar,' or any similar device operating under the same or similar principle which is approved by the Department of Public Safety for the measurement of speed, including any device for the measurement of speed or velocity based upon the principle of radar."
Section 2. Said Act is further amended by adding at the end of Section 6 of said Act a new subsection, to be designated subsection (q), to read as follows:
"(q) To provide and administer the certification of persons qualified to operate radar speed detection devices and to withdraw or suspend such certificates as provided for in this Act."
Section 3. Said Act is further amended by adding immediately following Section 15 of said Act a new Section, to be designated Section 15A, to read as follows:
"Section 15A. Persons employed or appointed by any agency, organ, or department of this state, or a subdivision or municipality thereof authorized to use speed detection devices, shall be required to be certified by the Georgia Peace Officer Standards and Training Council as qualified speed detection device operators. Effective December 31, 1980, each and every person operating radar speed detection devices shall satisfactorily complete a program of instruction in the theory and application of speed detection device operation as a condition for such certification. The council shall establish and modify the curriculum for this course of instruction, including a minimum number of hours thereof. Persons authorized and qualified to conduct such course of instruction required by this Section shall be certified by the council as a speed detection device operator instructor, based on requirements prescribed by the council. The council shall have the authority to recognize the instruction received by persons subject to the requirements of this Section, if, in the determination of the council, such instruction is at least equivalent to that required by this Act. If such instruction is recognized, then it shall be in lieu of part or parts of the minimum hours of instruction required for speed detection device certification by this Act. Should any person fail successfully to complete the training requirements for operation of speed detection devices, he shall not perform any functions related to the use of these devices until such training

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shall have been successfully completed and until such time as the council shall issue appropriate certification. On and after December 31, 1980, all persons certified to use such speed detection devices shall Complete an update or refresher training course of such duration and at such time as may be prescribed by the council in order for said speed detection device operator's certification to remain in force and effect. The council is authorized to withdraw or suspend the certification of any person for failure to meet the update or refresher requirements specified herein or for violation of any portion of this Act relating to conditions which may lead to the withdrawal or suspension of peace officer certification to operate radar."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 24, 1980.

GEORGIA DAIRY ACT OF 1980.
No. 1087 (Senate Bill No. 415).
AN ACT
To regulate the sale, inspection, importation and distribution of milk and dairy products; to provide a short title; to define certain terms; to provide an enforcing official; to provide the powers, duties, and responsibilities of the Commissioner of Agriculture; to provide for reports to be filed with the Commissioner; to provide for the adoption of rules and regulations; to provide for licensing; to adopt the standards and requirements of the United States Public Health Service "Pasteurized Milk Ordinance" 1978 Edition and Supplements; to provide for the testing of milk and cream; to adopt the standards and requirements for "ice cream," "frozen custard,"

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"ice milk," "sherbet," and "water ices" as adopted by the Food and Drug Administration, United States Department of Health, Education and Welfare; to specify when ice cream will be deemed adulterated; to provide for the sale of milk; to prohibit the intermingling of grades of milk; to specify unlawful acts relating to milk and dairy products; to provide for the inspection and importation of milk from other states; to provide for the condemnation of milk; to provide a criminal penalty; to repeal Code Chapter 42-5 as amended; to repeal Code Section 42-9912; to repeal Code Section 42-9913; to repeal an Act approved February 21, 1951 (Ga. Laws 1951, p. 444) as amended; to repeal an Act approved April 5, 1961 (Ga. Laws 1961, p. 501) as amended; to provide for severability; to provide an effective date; to provide for other matters relevant to the foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Short Title. This Act shall be known as and may be cited as the Georgia Dairy Act of 1980.
Section 2. Definitions, (a) Unless otherwise defined herein, the following words shall have the meanings respectively ascribed to them in the United States Public Health Service "Grade A Pasteurized Milk Ordinance" - 1978 Edition and Supplements:
(1) "Raw cow's milk";
(2) "Grade A whole milk";
(3) "Grade A milk, pasteurized";
(4) "Grade A skim milk (raw or pasteurized)";
(5) "Grade A buttermilk (raw or pasteurized)";
(6) "Grade A chocolate milk (raw or pasteurized)";
(7) "Grade A modified solids milk (raw or pasteurized)";
(8) "Pasteurization";

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(b) Unless otherwise defined herein, the following words shall have the meaning respectively, ascribed to them in "Frozen Desserts," 21 C.F.R. Sec. 135.3, 21 C.F.R. Sec. 135.110 - .160 (1979):
(1) "icecream";.
(2) "frozen custard";
(3) "ice milk";
(4) "sherbet";
(5) "water ices";
(c) Unless clearly indicated otherwise by the context, the following words shall be defined as follows:
(1) "Commissioner" means the Commissioner of Agriculture for the State of Georgia;
(2) "Cream tester" shall mean any person who performs the act of sampling or testing milk, cream, or other dairy products, the test of which is to be used as a basis for making payment for said products;
(3) "Dairy manufacturing plants" shall include creameries, condenseries, public dairies, butter, cheese, ice cream, and other like factories, and such other concerns as manufacturing dairy products for sale at either retail or wholesale;
(4) "Department" means the Department of Agriculture of the State of Georgia;
(5) "Grade A raw milk for human consumption" shall be as defined by the Commissioner;
(6) "Imitation milk products" means any milk, cream, or skimmed milk, whether or not whipped, condensed, evaporated, concentrated, powdered, dried or desiccated, to which has been added, or which has been blended or compounded with any fat or oil other than milk fat, so that the resulting product is an

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imitation or semblance of milk, cream or skimmed milk, whether or not whipped, condensed, evaporated, concentrated, produced, dried or desiccated.
(7) "Imitation reconstituted milk" means a product resulting from the blending of dry milk solids and fat other than butterfat with water;
(8) "Manufactured milk products" mean those milk products, including condensed, evaporated, concentrated, sterilized, or powdered milk made from raw whole milk for manufacturing purposes and processed in such a manner and under such conditions as to remove or sterilize as far as is possible any contaminated matter contained in such raw milk from which such products were manufactured under such rules and regulations as may be prescribed to insure such result;
(9) "Milk or cream brokerage" means any business that is conducted for the purpose of purchasing milk, cream, or butter fat for resale without being converted into a finished product.
(10) "Milk or cream station" means any place where milk or cream may be received or purchased and held for shipment or delivery to a dairy manufacturing plant;
(11) "Person" shall mean any individual, partnership, firm, company or corporation;
(12) ."Public Dairies" means any place where milk and cream are purchased from producers and sold or kept for sale, either at wholesale or retail;
(13) "Raw whole milk for manufacturing purposes" means that fluid whole milk in its natural state from healthy cows,but which has not been produced and handled in compliance with the requirements for Grade A milk;
(14) "Reconstituted milk" means a product resulting from the blending of dry milk solids with water;
(15) "Ungraded milk" means all fluid whole milk in its natural state failing to meet the requirements of Grade A or raw whole milk for manufacturing purposes as defined in this Act.

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Section 3. Duties of the Commissioner. The Commissioner is charged with the responsibility of enforcing this Act. It shall be the duty of the Commissioner or his authorized representative:
(a) To inspect or cause to be inspected as often as may be deemed practicable all creameries, public dairies, condenseries, butter, cheese and ice cream factories, or any other places where dairy products are produced, manufactured, kept, handled, stored, or sold.
(b) To prohibit the production, sale, or distribution of unclean or unwholesome milk, cream, butter, cheese, ice cream or other dairy products.
(c) To condemn for food purposes all unclean or unwholesome dairy products, wherever found.
(d) To take samples anywhere of any dairy product or imitation thereof and cause the same to be analyzed or satisfactorily tested.
(e) To weigh and test milk, cream, and other dairy products for the purpose of ascertaining the percentage and weight of butter fat or other ingredients contained therein: Provided, however, that it shall not be necessary for the Commissioner to perform such tests if they are being performed by an agency of the Federal Government.
(f) To inspect and make tests of any instrument or equipment used in the testing or measuring of milk, cream or other dairy products.
(g) To compile and publish annually, or at such shorter intervals as he may desire, statistics and information concerning all phases of the dairy industry in this State.
Section 4. Reports to be filed with the Commissioner, (a) Any person operating under the provisions of this Act shall furnish, upon the request of the Commissioner, such data and statistics as he may require.
(b) All persons operating under the provisions of this Act shall keep complete and accurate records of their operations, and the Commissioner shall have free access to all such records.

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Section 5. Rules and Regulations. The Commissioner shall have the power to adopt, amend, and repeal rules and regulations to implement and enforce the provisions of this Act; provided, however, that all rules and regulations will be of uniform application and provided, further, that all rules and regulations will be adopted, amended, or repealed in accordance with the provisions of the Administrative Procedure Act. The rules and regulations shall include, but not be limited to the following:
(a) Rules and regulations to provide for the labeling of milk and milk products in such manner so as to indicate that the milk or milk product complies with the provisions of this Act and the rules and regulations promulgated hereunder.
(b) Rules and regulations to prescribe the specifications of all glassware, including but not limited to bottles, pipettes, test tubes, and burrettes and such other instruments as may be used in the testing of milk, cream, or other dairy products.
(c) Rules and regulations to prescribe the specifications for the installation and operation of recording thermometers on bulk farm tanks.
Section 6. Licensing. Application for all licenses, registrations, and permits provided for in this Act shall be made to the Commissioner on such forms as he may prescribe. All such licenses shall be valid for a period of one year unless revoked or suspended as provided herein. Such licenses shall be renewable upon payment of the required fee and submission of all required application forms. The Commissioner may deny, refuse, suspend or revoke any such license, after notice and a hearing for any violation of or failure to comply with any provision of this Act or the rules and regulations promulgated hereunder: Provided, however, that any such hearing will be held in accordance with the provisions of the Administrative Procedure Act.
Section 7. Cream Testers. No person shall act as a cream tester unless he is licensed, and it shall be unlawful for any person to employ as a cream tester any person who does not have a license to operate testing apparatus for milk and cream. Such license shall be posted in a conspicuous place in plain view of all persons entering the room in which all testing is done. The fee for such license shall be $5.

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Section 8. Milk and Cream Buying Stations, (a) It shall be unlawful to establish or operate a milk or cream buying station without first having obtained a buying station license. The fee for such license shall be $5.
(b) It shall be unlawful to employ any person or persons as station operators at a milk or cream buying station unless such persons are properly licensed as cream testers.
Section 9. Milk and Cream Brokers. It shall be unlawful to engage in or operate a cream or milk brokerage business without first obtaining a license. The fee for such license shall be $5.
Section 10. Pasteurized Milk Ordinance. The standards and requirements of the United States Public Health Service "Pasteurized Milk Ordinance" 1978 Edition and Supplements, except as otherwise provided herein, are expressly adopted as the standards and requirements for the State of Georgia.
Section 11. Testing of Milk and Cream. In determining the value of milk, cream, or other dairy products by the use of the Babcock test, it shall be unlawful to give any false reading or in any way manipulate the test so as to give a higher or lower percent of butter fat than the milk, cream, or other dairy products actually contains, or to cause any inaccuracy in reading the percent of butter fat by securing from any quantity of milk, cream, or other dairy products to be tested an inaccurate sample for the test. None other than the Babcock method, or such method of testing as may be approved by the Commissioner may be employed when testing milk or cream, the test of which is to be used as a basis for making payment for the milk or cream thus tested. None other than the Torsion balanced scales, or such scales as may be approved by the Commissioner, may be used when weighing cream for testing, when such tests are to be used as a basis for making payment for such cream. It shall be unlawful to use adjustable scale weights in determining the weight of cream used in the Babcock test. Only such centrifuge shall be used as shall meet the approval of the Commissioner. Specifications for apparatus and chemicals and directions for testing milk and cream must conform to those adopted by the American Dairy Science Association, with such additions as shall be deemed advisable by the Commissioner, to make them conform to the provisions of this Act. All test tubes, bottles, pipettes, burrettes,

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GENERAL ACTS AND RESOLUTIONS, VOL. I

or instruments used in connection with testing or determining the value of milk, cream, or other dairy products by the use of the Babcock test, must be United States Government standard and shall be approved by the Commissioner. All milk and cream tests shall be maintained at a temperature of 135 to 140 degrees Fahrenheit for at least three minutes before the reading of the percent of butter fat shall be made and recorded. In reading cream tests, glymol or its equivalent must be used and the samples under test must be held for three minutes in a water bath extending up as high on the graduated neck as the sample itself does.
Section 12. Frozen Desserts. The standards and requirements for Standardized Frozen Desserts, specifically "ice cream," "frozen custard,"} "ice milk," "sherbet," and "water ices," as adopted by the Food and Drug Administration, United States Department of Health, Education and Welfare and contained in "Frozen Desserts," 21C.F.R. Sec. 135.3, 21 C.F.R. Sec. 135.110-. 160 (1979), except as otherwise provided herein, are expressly adopted as the standards and requirements for the State of Georgia.
Section 13. Ice Cream - When Adulterated, (a) Ice cream shall be deemed to be adulterated:
(1) If it contains any preservative, mineral, or other substance or compound deleterious to health: Provided, however, that this Section shall not be construed to prohibit the use of harmless coloring matter when not used for fradulent purposes.
(2) If it contains any fats other than milk fat or any oils or paraffin added to, blended with or compounded with it: Provided, however, that chocolate ice cream and the coating of coated ice cream may contain cocoa butter.
(3) If it is made in whole or in part from, or contains, any milk product which is unfit for food.
(b) It shall be unlawful for any person to manufacture, sell or offer or expose for sale or have in possession with intent to sell or offer or expose for sale under the name of "ice cream" any product or substance deemed adulterated under (a) above.

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Section 14. Sale of Milk, (a) Milk and milk products in compliance with the standards established herein and in compliance with the provisions of this Act and the rules and regulations promulgated hereunder, may be sold, offered for sale, or delivered to the consuming public for the purpose of human consumption, provided the container in which the milk or milk product is sold, offered for sale or delivered has affixed thereto or printed thereon labels approved by the Commissioner. No milk or milk product may be sold, offered for sale or delivered for the purpose of human consumption that is not in compliance with the provisions of this Act or the standards or rules and regulations prescribed hereunder.
(b) The sale, offer for sale or delivery of ungraded milk is hereby prohibited.
(c) No raw whole milk for manufacturing purposes may be offered for sale in this State for any purpose save only to processors and manufacturers properly licensed and inspected to manufacture and process manufactured milk products.
(d) It shall be unlawful to sell, keep for sale, or offer for sale any condensed or evaporated milk, concentrated milk, sweetened condensed milk, sweetened evaporated milk, sweetened concentrated milk, sweetened evaporated skimmed milk, or any of the fluid derivatives of any of them, to which shall have been added any fat or oil other than milk fat, either under the name of said products or articles or the derivatives thereof, or under any fictitious or trade name whatsoever.
Section 15. Intermingling of Grades of Milk Prohibited, (a) No person producing, handling, processing, manufacturing, or dealing in milk or milk products which produces, receives, distributes, or in any manner handles Grade A raw whole milk, Grade A pasteurized whole milk, Grade A milk products, as defined in this Act and the rules and regulations promulgated hereunder, shall receive, store, handle, distribute, or otherwise allow milk for manufacturing purposes to be introduced upon the premises wherein such operations are conducted: Provided,however, that the prohibition contained herein shall not be applicable wherein separate systems and other facilities are provided so as to maintain the separation and identity of the various grades and types of milk. It is the intent and purpose of this section to prohibit the intermingling of Grade A milk pro-

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ducts with milk products other than Grade A. At all times, such person shall be subject to inspection by the Commissioner and shall hold a Grade A permit, issued by the Commissioner, to deal in Grade A milk and Grade A milk products, and shall conduct such business pursuant to the laws of this State and the rules and regulations of the Commissioner made thereunder to the end that milk products shall be handled only in the manner provided for in this Act and that the inferior quality not be foisted off on the consuming public for the superior.
(b) No person producing, handling, processing, manufacturing or dealing in milk or milk products which produces, receives, distributes, or in any manner handles milk products for manufacturing purposes shall introduce any Grade A raw whole milk, Grade A pasteurized milk, or Grade A milk products for other than manufacturing purposes upon the premises wherein such manufactured milk products operations are conducted.
(c) If, from inspections made or appropriate tests conducted, it is determined by the Commissioner that any law, rule or regulation has been violated, or from tests made, he has reason to believe that such milk or milk products as hereinabove enumerated are dangerous for human consumption, the Commissioner, after notice, is authorized to place one or more inspectors on such premises upon a 24-hour basis for such a period of time as he deems necessary to satisfy himself that the laws and rules and regulations are being complied with. The cost of such inspection, to be fixed by the Commissioner, at a cost not to exceed the actual cost of the inspection, shall be paid by such person to the Commissioner as a condition to the continued validity of the permit or the license under which said business is operated. The inspection charges provided herein may be terminated by a request to the Commissioner for a hearing within two days subsequent to a charge of violation or the placing of the inspectors in the plant. Subsequent to such request, the inspection charges shall be terminated. Upon hearing, and for cause shown, the Commissioner is authorized to impose the cost of inspection as a part of the penalty imposed. Nothing herein contained shall be construed to prohibit the Commissioner from revoking or cancelling any permit or license of any person doing business in this State who violates any of the provisions of the laws of this State or the regulations made pursuant thereto.

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(d) At all times such person shall be subject to inspection by the Commissioner and shall hold a manufacturing permit, issued by the Commissioner to deal in manufactured milk products and shall conduct such business pursuant to the laws of this State and the rules and regulations of the Commissioner made thereunder to the end that grades of milk shall be handled only in the manner provided for in this Act and that the inferior quality not be foisted off on the consuming public for the superior.
(e) The enforcement methods authorized by this Act shall be cumulative of those provided otherwise by law and the same are not superseded by this Act.
(f) The Commissioner shall be charged with the enforcement of this Act which is cumulative of his other powers and duties under other Acts dealing with milk, food and food products and he shall have the power and authority in connection with this and other Acts dealing with milk, food, or food products to revoke or cancel the permit or license of any person doing business in this State who violates any of the provisions of the laws of this State or the rules and regulations made pursuant thereto.
(g) Any person, firm or corporation subject to this Act and the other milk laws of this State who violates any of said Acts or the valid rules and regulations made thereunder may be enjoined from such continued violation. The Commissioner is authorized to apply for, and for cause shown the superior court having jurisdiction of the defendant in any such action may grant, injunctive relief, by interlocutory injunction, permanent injunction, or temporary restraining order as the circumstances may warrant. Such a proceeding may be maintained notwithstanding the pendency of any civil action and notwithstanding the pendency of or conviction of a criminal proceeding arising from the same transaction. Such action may be maintained without bond. The purpose of this subsection is to create a statutory cause of action by way of injunction and the Commissioner is authorized to bring such proceedings in the same form and manner and in the same court as other equitable proceedings may be brought. This remedy is not exclusive but cumulative of other remedies afforded for the protection of the consuming public from having foisted on it an unwholesome product or a product which is an economic fraud upon the consuming public.

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Section 16. Unlawful Acts. It shall be unlawful:
(a) To handle milk, cream, butter, ice cream or other dairy products in unclean or unsanitary places, or in an unsanitary manner;
(b) To keep, store or prepare for market any milk, cream or other dairy products in the same building or enclosure with any hide or fur house, or any cow, horse, or hog barn or shed, or other places where livestock is kept.
(c) To handle or ship milk, cream, or ice cream, or other dairy products, in unclean or unsanitary vessels;
(d) To expose milk, cream, ice cream or other dairy products to flies or any contaminating influence likely to convey pathogenic or other injurious bacteria;
(e) For any common carrier, railway or express company, to neglect or fail to remove or ship from its depot, on the day of its arrival there for shipment, any milk, cream or other dairy products left at such depot for transportation;
(f) For any common carrier, railway or express company to allow merchandise of a contaminating nature to be stored on or with dairy products;
(g) To use any branded or registered cream can or milk can or ice cream packer or container for any purpose other than the handling, storing, or shipping of milk, cream or ice cream: Provided, however, that no person other than the rightful owner thereof shall use any can, bottle, or other receptacle if such receptacle shall be marked with the brand or trade-mark of the owner;
(h) To sell or offer for sale ice cream from a container or a compartment of a cabinet or fountain, which contains any article of food other than ice cream or dairy products;
(i) To sell or offer for sale milk, cream, butter, cheese, ice cream, or other dairy products that are not pure and fresh and handled with clean utensils;

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(j) To sell or offer for sale milk or cream from diseased or unhealthy animals or handled by any person suffering from or coming in contact with persons affected with any contagious disease;
(k) To sell or offer for sale any milk or cream which shall have been exposed to contamination or into which shall have fallen any unsanitary articles or any foreign substance which would render the milk or cream or the product manufactured therefrom unfit for human consumption;
(l) To sell or offer for sale milk, cream, butter, cheese, ice cream, or other dairy products which do not comply with the standards and requirements of this Act or the rules and regulations promulgated hereunder.
Section 17. Interstate Shipments. No milk, milk product, or processed milk product shall be shipped into Georgia from any other State for human consumption unless such milk or milk product is produced and handled under sanitary conditions no less adequate in the protection of public health and welfare than milk and milk products are produced, handled, and marketed in Georgia, and not then until authorization for the shipping of such milk or milk product has been issued by the Commissioner after careful investigation: Provided, however, that shippers listed on the Interstate Milk Shippers List shall be deemed to be in compliance with this Section. Any applicant not listed on the Interstate Milk Shippers List and desiring to ship milk or milk products into the State of Georgia shall:
(a) Furnish certified copies of all laws, rules and regulations pertaining to the sanitary standards for the product which he wishes to bring into Georgia in force in the area where such product is produced, processed, handled, and sold, together with certified copies of any and all licenses, permits, certificates, test results, and inspection reports pertaining to the production processing, marketing, handling and sale of such dairy products. If the Commissioner shall find that such product is produced, processed, marketed and handled in this State, he may authorize the shipping of such product into this State. If such applicant is unable to comply with the provisions of this paragraph, he may request an inspection under the provisions of paragraph (b) of this Section. 32

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(b) The Commissioner shall, upon application from a person having control over such product who desires authorization to ship such product into Georgia, upon the payment by such person of the amount of actual expense necessary to make an inspection, cause an inspection to be made. If, upon inspection, the requirements of this Act and the rules and regulations hereunder are found to be met, the Commissioner shall authorize the shipment thereof.
Section 18. Condemnation of Milk. Any milk or milk product shipped into Georgia, or produced, processed, or delivered in Georgia, in violation of the laws of this State or the rules and regulations promulgated by the Commissioner pursuant thereto, shall be condemned by the Commissioner and may be rendered unfit for marketing by the addition of a Pyoktanin solution or others approved harmless coloring matter to put the consuming public on notice that such milk or product made therefrom is ungraded and unfit for human consumption.
Section 19. Criminal Penalty. Any person who shall violate any provision of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided by law.
Section 20. Repeal of Code Chapter 42-5. Code Chapter 42-5, as amended by an Act approved February 1, 1935 (Ga. Laws 1935, p. 167), an Act approved March 31, 1937 (Ga. Laws 1937, p. 725), and as further amended by an Act approved April 1, 1965 (Ga. Laws 1965, p. 498) is hereby repealed in its entirety.
Section 21. Repeal of Code Section 42-9912. Code Section 429912, providing a criminal penalty for the violation of Code Section 42-907, is hereby repealed in its entirety.
Section 22. Repeal of Code Section 42-9913. Code Section 429913, providing a criminal penalty for the violation of Code Chapter 42-5, is hereby repealed in its entirety.
Section 23. Repeal of Ga. Laws 1951, p. 444 (as amended). An Act approved February 21, 1951 (Ga. Laws 1951, p. 444) as amended by an Act approved March 31, 1957 (Ga. Laws 1957, p. 628) is hereby repealed in its entirety.

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Section 24. Repeal of Ga. Laws 1961, p. 501 (as amended). An Act approved April 5, 1961 (Ga. Laws 1961, p. 501) as amended by an Act approved April 3, 1972 (Ga. Laws 1972, p. 947), an Act approved March 26, 1974 (Ga. Laws 1974, p. 1042) and as further amended by an Act approved April 5, 1978 (Ga. Laws 1978, p. 1988) is hereby repealed in its entirety.
Section 25. Severability. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof.
Section 26. Effective Date. The provisions of this Act shall become effective July 1, 1980.
Section 27. General Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 24, 1980.

REMOVAL OF ABANDONED MOTOR VEHICLES, ETC.
No. 1088 (Senate Bill No. 416).
AN ACT
To provide for the removal of abandoned motor vehicles from public streets, roads, highways, and other public or private property; to provide for definitions; to provide for the duties of any person who removes or stores a motor vehicle; to provide for notice; to authorize the removal of certain vehicles; to limit certain liabilities; to provide for reasonable fees and for the creation of a lien; to provide for the foreclosure of a lien; to provide for a petition and

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hearing; to provide for notice of such foreclosure; to provide for payment of the debt; to provide for a public sale; to authorize the issuance of a certificate of title; to provide for the distribution of the proceeds from the foreclosure of such lien; to provide for other matters relative to the foregoing; to amend an Act known as the "Motor Vehicle Certificate of Title Act," approved March 3, 1961 (Ga. Laws 1961, p. 68), as amended, so as to delete the requirement for a garage operator's report; to delete a reference to unclaimed vehicles; to repeal a specific Act; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Definitions. As used in this Act, the following terms shall have the following meanings, unless a contrary meaning is clearly indicated by the context thereof:
(1) "Abandoned motor vehicle" shall mean a motor vehicle or trailer:
(A) Which has been left by the owner, or some person acting for the owner, with an automobile dealer, repairman, or wrecker service for repair or for some other reason and has not been called for by such owner or other person within a period of 60 days after the time agreed upon; or within 60 days after such vehicle is turned over to such dealer, repairman, or wrecker service when no time is agreed upon; or within 60 days after the completion of necessary repairs.
(B) Which is left unattended on a public street, road, or highway or other public property for a period of at least 10 days and when it reasonably appears to a law enforcement officer that the individual who left such motor vehicle unattended does not intend to return and remove such motor vehicle.
(C) Which has been lawfully towed onto the property of another at the request of a law enforcement officer and left there for a period of not less than 60 days without anyone's having made claim thereto.

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(D) Which has been lawfully towed onto the property of another at the request of a property owner on whose property the vehicle was abandoned and left there for a period of not less than 60 days without the owner's having made claim thereto.
(2) "Motor Vehicle" or "vehicle" shall mean motor vehicle or trailer.
(3) "Owner" shall mean the owner, lessor, lessee, security interest holders, and all lienholders as shown on the records of the Department of Revenue.
Section 2. Duty of person who removes or stores a motor vehicle, (a) Any person who removes a motor vehicle from public or private property at the request of someone other than the owner or who stores any motor vehicle which has been left unattended shall seek the identity of the owner of such vehicle and shall, within 15 days, notify in writing the Department of Revenue and the Department of Public Safety of the manufacturer's vehicle identification number, license number, the fact that said vehicle is or will become an abandoned motor vehicle, and the present location of such vehicle requesting the name and address of all owners, lessors, lessees, security interest holders, or lienholders. If the person removing or storing the vehicle has knowledge of facts which reasonably indicate that the vehicle is registered or titled in a certain other state, he shall check the motor vehicle records of said other state in the attempt to ascertain the identity of the owner of the vehicle.
(b) Upon ascertaining the owner of such motor vehicle, the person removing or storing such vehicle shall, within three days, by certified or registered mail, notify the owner of the location of such vehicle and of the fact that such vehicle shall be deemed abandoned if not redeemed within 60 days or that such vehicle is deemed abandoned because it was left unattended for ten days on a public street, road or highway, or other public or private property.
(c) If the identity of the owner of such motor vehicle cannot be ascertained, the person removing or storing such vehicle shall place an advertisement in a newspaper of general circulation in the county where such vehicle was obtained or, if there is no newspaper

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in such county, shall post such advertisement at the county courthouse in such place where other public notices are posted. Such advertisement shall run in the newspaper once a week for four consecutive weeks or shall remain posted at the courthouse for four consecutive weeks. The advertisement shall contain a complete description of the motor vehicle, its license and manufacturer's vehicle identification number, the location where such vehicle was initially left unattended by the owner, the present location of such vehicle, and the fact that said vehicle is deemed abandoned or shall be deemed abandoned if not redeemed within 60 days.
Section 3. Peace officers authorized to remove vehicles from public property; liability for gross negligence, (a) Any peace officer who finds a motor vehicle which has been left unattended on a public street, road or highway, or other public property for a period of at least ten days shall be authorized to cause such motor vehicle to be removed to a garage or other place of safety, provided, such peace officer must reasonably believe that the individual who left such motor vehicle unattended does not intend to return and remove such motor vehicle.
(b) Any peace officer who finds a motor vehicle which has been left unattended on a public street, road or highway, or other public property shall be authorized immediately to cause such motor vehicle to be removed to a garage or other place of safety when such motor vehicle poses a threat to public health or safety.
(c) Any peace officer who, under the provisions of this section, causes any motor vehicle to be removed to a garage or other place of safety shall be liable for gross negligence only.
Section 4. Fees and liens for removal or storage. Any person who removes or stores any motor vehicle which is or becomes an abandoned motor vehicle shall have a lien on such vehicle for the reasonable fees connected with such removal or storage plus the cost of any advertisement. Prior to acquiring such lien, the person must have complied with the requirements of Section 2 of this Act.
Section 5. Foreclosure of lien. All liens acquired under Section 4 of this Act shall be foreclosed as follows:
(a) Any person desiring to foreclose a lien on an abandoned motor vehicle shall, by certified or registered mail, make a demand

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upon the owner for the payment of the reasonable fees for removal and storage plus the costs of any advertisement. Such written demand shall include an itemized statement of all charges. No such written demand shall be required if the identity of the owner cannot be ascertained and the notice requirements of subsection (c) of Section 2 of this Act have been complied with.
(b) If, within ten days of delivery to the appropriate address of the written demand required by subsection (a), the owner of the abandoned motor vehicle fails to respond to such demand or refuses to pay or if the owner of the abandoned motor vehicle cannot be ascertained, the person removing or storing the abandoned motor vehicle may foreclose such lien. The person asserting such lien may move to foreclose by making an affidavit to a court of competent jurisdiction showing all facts necessary to constitute such lien and the amount claimed to be due. Such affidavit shall aver that the notice requirements of Section 2 of this Act have been complied with, and such affidavit shall also aver that a demand for payment has been made and refused or that the identity of the owner cannot be ascertained. The person foreclosing shall verify the statement by oath or affirmation and shall affix his signature thereto.
(c) Upon such affidavit's being filed, the lien claimant shall give the clerk or judge of the court the address (if known) of the owner, lessor, lessee, security interest holder, and lienholder of the abandoned vehicle. The clerk or judge of the court shall serve notice upon such owner, lessor, lessee, security interest holder, and lienholder of the abandoned motor vehicle of a right to a hearing to determine if reasonable cause exists to believe that a valid debt exists; that said hearing must be petitioned for within ten days after receipt of such notice; and that, if no petition for such hearing is filed within the time allowed, the lien will conclusively be deemed a valid one and foreclosure thereof allowed.
(d) If a petition for a hearing is filed within the time allowed, the court shall set such a hearing within ten days of filing of the petition. If, at the probable cause hearing, the court determines that reasonable cause exists to believe that a valid debt exists, then the person asserting the lien shall retain possession of the motor vehicle or the court shall obtain possession of the motor vehicle, as ordered by the court. The owner-debtor may obtain possession of the motor vehicle by giving bond and security in the amount determined to be probably due and costs of the action.

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(e) Within five days of the probable cause hearing, the party defendant must petition the court for a full hearing on the validity of the debt if a further determination of the validity of the debt is desired. If no such petition is filed, the lien on the amount determined reasonably due shall conclusively be deemed a valid one and foreclosure thereof allowed. If such a petition is filed, the court shall set a full hearing thereon within 30 days of the filing of the petition. Upon the filing of such petition by the party defendant, neither the prosecuting lienholder nor the court may sell the motor vehicle, although possession of the motor vehicle may be retained.
(f) If, after a full hearing, the court finds that a valid debt exists, then the court shall authorize foreclosure upon and sale of the motor vehicle subject to said lien to satisfy said debt if said debt is not otherwise immediately paid.
(g) If the court finds the actions of the person asserting the lien in retaining possession of the motor vehicle were not taken in good faith, then the court, in its discretion, may award damages to the owner, agent, or lessee due to the deprivation of the use of the motor vehicle. Any proceeding to foreclose a lien on an abandoned motor vehicle must be instituted within one year from the time the lien is recorded or is asserted by retention.
(h) If no petition for a hearing is filed, or if, after a full hearing, the court determines that a valid debt exists, the court shall issue an order authorizing the sale of such motor vehicle. Provided, that the holder of a security interest in or a lien on the vehicle, other than the holder of a lien created by Section 4 of this Act, shall have the right, in the order of priority of such security interest or lien, to pay the debt and court costs. If the holder of a security interest or lien does so pay the debt and court costs, he shall have the right to possession of the vehicle and his security interest in or lien on such vehicle shall be increased by the amount so paid. A court order shall be issued to this effect, and in this instance there shall not be a sale of the vehicle.
Section 6. (a) Upon order of the court, the person holding the lien on such motor vehicle shall be authorized to sell such motor vehicle at public sale, as defined by Code Section 109A-1-201.
(b) After satisfaction of the lien, the person selling such motor vehicle shall turn the remaining proceeds of such sale, if any, over to the clerk of the court.

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Section 7. The purchaser at a sale as heretofore authorized shall receive a certified copy of the court order authorizing such sale. Any such purchaser may obtain a certificate of title to such motor vehicle by filing the required application, paying the required fees, and filing a certified copy of the order of the court with the Department of Revenue. The Department of Revenue shall then issue a certificate of title which shall be free and clear of all liens and encumbrances.
Section 8. Proceeds of sale. The clerk of the court shall retain the remaining balance of the proceeds of such sale, after satisfaction of liens, security interests, and debts, for a period of 12 months; and, if no claim has been filed against such proceeds by the owner of the abandoned motor vehicle or any interested party, then he shall pay such remaining balance as follows:
(a) If the abandoned motor vehicle came into the possession of the person creating the lien other than at the request of a peace officer, the proceeds of the sale shall be divided equally and paid into the general fund of the county in which the sale was made and into the general fund of the municipality, if any, in which the sale was made.
(b) If the abandoned motor vehicle came into the possession of the person creating the lien at the request of a police officer of a municipality, the proceeds of the sale shall be paid into the general fund of the municipality.
(c) If the abandoned motor vehicle came into the possession of the person creating the lien at the request of a county sheriff, deputy sheriff, or county police officer, the proceeds of the sale shall be paid into the general fund of the county in which the sale was made.
(d) If the abandoned motor vehicle came into the possession of the person creating the lien at the request of a member of the Georgia State Patrol or other employee of the State of Georgia, the proceeds of the sale shall be paid into the general fund of the county in which the sale was made.
Section 9. An Act known as the "Motor Vehicle Certificate of Title Act," approved March 3, 1961 (Ga. Laws 1961, p. 68), as amended, is hereby amended by striking subsection (c) of Section 32 of said Act which reads as follows:

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"(c) Garage Operator's Report. An operator of a place of business for garaging, repairing, parking or storing vehicles for the public, in which a vehicle remains unclaimed for a period of thirty (30) days, shall, within five (5) days after the expiration of that period, report the vehicle as unclaimed to the Commissioner. A vehicle left by its owner whose name and address are known to the operator or his employee is not considered unclaimed. A person who fails to report a vehicle as unclaimed in accordance with this subsection forfeits all claims and liens for its garaging, parking or storing.",
and by designating subsection (d) of Section 32 as subsection (c) and designating subsection (e) of Section 32 as subsection (d) and by striking from newly designated subsection (c) of Section 32 of said Act the following:
"recovered and unclaimed",
and substituting in lieu thereof the following:
"and recovered", :
so that when so amended Section 32 of said Act shall read as follows:
"Section 32. Stolen, converted, recovered and unclaimed vehicles, (a) A Peace Officer who learns of the theft of a vehicle not since recovered shall report the theft to the Commissioner. A Peace Officer who learns of the recovery of a vehicle whose theft or conversion he knows or has reason to believe has been reported to the Commissioner shall forthwith report the recovery to the Commissioner.
(b) Owner's or Lienholder's Report. An owner or a lienholder shall report the theft of a vehicle, or its conversion if a crime, to the Commissioner. A person who has so reported the theft or conversion of a vehicle shall, forthwith after learning of its recovery, report the recovery to the Commissioner.

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(c) Commissioner's Record. The Commissioner shall maintain an appropriately indexed weekly and cumulative public records of stolen, converted, and recovered vehicles reported to it pursuant to this Section. The Commissioner may make and distribute copies of the weekly records so maintained to peace officers upon request without fee and to others for the fee, if any, the Commissioner prescribes.
(d) Commissioner's Action. The Commissioner may suspend the registration of a vehicle whose theft or conversion is reported to it pursuant to this Section; until the Commissioner learns of its recovery or that the report of its theft or conversion was erroneous, it shall not issue a certificate of title for the vehicle."
Section 10. Specific repealer. An Act entitled "An Act to define abandoned motor vehicles; to authorize peace officers to remove abandoned motor vehicles from public streets, roads, highways and other public property; to provide a method for sale of abandoned motor vehicles; to provide for the distribution of the proceeds of the sale of abandoned motor vehicles; to provide for all matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.", approved March 23, 1972 (Ga. Laws 1972, p. 342), as amended by an Act approved April 18, 1975 (Ga. Laws 1975, p. 913) and by an Act approved March 4, 1977 (Ga. Laws 1977, p. 253), is hereby repealed in its entirety.
Section 11. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 12. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 24, 1980.

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GEORGIA PUBLIC SERVICE COMMISSION -- EMPLOYMENT OF FULL TIME STATE EMPLOYEES
TO ASSIST COMMISSION.
No. 1089 (Senate Bill No. 428).
AN ACT
To amend an Act prohibiting full-time appointive officials and employees of the State from engaging in certain transactions affecting the State, approved February 13, 1956 (Ga. Laws 1956, p. 60), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 813) and an Act approved April 5, 1978 (Ga. Laws 1978, p. 1977), so as to provide for exceptions; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act prohibiting full-time appointive officials and employees of the State from engaging in certain transactions affecting the State, approved February 13, 1956 (Ga. Laws 1956, p. 60), as amended by an Act approved March 23, 1977 (Ga. Laws 1977, p. 813), and as amended by an Act approved April 5, 1978 (Ga. Laws 1978, p. 1977), is herewith amended by adding a new section, to be identified as Section 7A, which shall read as follows:
"Notwithstanding any other provision of this law to the contrary, the Georgia Public Service Commission or the Consumers' Utility Counsel shall be authorized to employ and may pay for the services of any full-time State employee who has any particular expertise or knowledge which may be of assistance to the Georgia Public Service Commission or the Consumers' Utility Counsel in fulfilling its duties and responsibilities under the provisions of Ga. Code Title 93. The terms and conditions of such employment shall be solely determined by the Georgia Public Service Commission or the Consumers' Utility Counsel , but in any event, the full-time employee may not provide services to the Georgia Public Service Commission or the Consumers' Utility Counsel during such times as he is regularly scheduled to be at his primary place of employment unless the employee has received permission to do so from his regular employer, or unless the employee is on annual leave or leave without pay."

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Section 2. The Public Service Commission may contract with state agencies to use state employees.
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Approved March 24, 1980.

GEORGIA MUNICIPAL ELECTION CODE AMENDED # DEPUTY REGISTRARS, ETC.
Code Title 34A Amended.
No. 1090 (Senate Bill No. 433).
AN ACT
To amend Code Title 34A, known as the "Georgia Municipal Election Code," as amended, so as to provide for certain school administrators to serve as deputy registrars; to change the provisions relating to the purging of electors' lists; to change the provisions relating to forms of election ballots with respect to unopposed candidates; to provide for ballots for candidates with the same or similar names; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Title 34A, known as the "Georgia Municipal Election Code," as amended, is hereby amended by adding at the end of Code Section 34A-502 a new subsection (d) to read as follows:

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"(d) Each principal or his or her designee of every public or private high school and the director of each area vocational school, or his or her designee in this state shall be a deputy registrar for the purpose of registering as electors only those qualified applicants who are enrolled students within the principal's school or employed by the school. Such principals or assistant principals and directors shall inform their students of the powers conferred upon such officials under the provisions of this Code section and shall provide reasonable and convenient procedures to enable students who are qualified applicants to register. The provisions of Code Section 34A-503 do not apply to deputy registrars who serve as such by virtue of this subsection."
Section 2. Said Code Title 34A is further amended by striking in its entirety subsection (b) of Code Section 34A-515 and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Voters disqualified by reason of (a)(i) above shall be given notice by first class mail within ten (10) days after removal of their names and shall be given twenty (20) days from removal date to request in writing a continuance of their registration. The registrar shall remove those who do not so apply within the time allotted."
Section 3. Said Code Title 34A is further amended by striking in its entirety subsection (g) of Code Section 34A-1004 and inserting in lieu thereof a new subsection (g) to read as follows:
"(g) Any other provision of law to the contrary notwithstanding, in the event there is no opposed candidate, then no name shall appear on the general election or special election ballot unless a write-in candidate has qualified as provided by law. Further, if there are no opposed candidates, no eligible write-in candidates and no issues to be submitted to the electorate within an election district, no election shall be conducted in that election district. When, pursuant to this Section, no election is to be conducted, the municipality shall provide notice reasonably calculated to inform the affected electorate that no election is to be conducted. Each such unopposed candidate shall be deemed to have voted for himself. The superintendent shall certify such unopposed candidate as elected in the same manner as he certifies other candidates as elected pursuant to Section 34A-1404. Each elector eligible to have voted in an election which, in accordance with this Section, was not conducted shall be

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deemed to have voted in such election for the purposes set forth in Sections 34A-514 and 34A-515. When, pursuant to this Section, no election is to be conducted, either the municipal or county registrars shall prepare, certify and deliver electors' lists, as would otherwise be required by Sections 34A-516 and 34A-517."
Section 4. Said Code Title 34A is further amended by striking Code Section 34A-1007 in its entirety and inserting in lieu thereof a new Code Section 34A-1007 to read as follows:
"34A-1007. Candidates with same or similar names; residence to be printed.--If two or more candidates for the same nomination or office shall have the same or similar names, the official with whom such candidates qualify shall print or cause to be printed the residences of all candidates for such nomination or office on the ballot under their names. Said official shall determine whether the names of the candidates are of such a similar nature as to warrant printing the residences of all candidates on the ballot, and the decision of such official shall be conclusive."
Section 5. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 6. The provisions of this Act shall become effective July 1, 1981.
Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 24, 1980.

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DEPARTMENT OF HUMAN RESOURCES - AGING SECTION CREATED.
No. 1091 (Senate Bill No. 457).
AN ACT
To statutorily establish the Aging Section in the Department of Human Resources; to provide for transportation plans for the delivery of certain services and provide for the submission thereof; to provide for an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS, the legislature recognizes that the average physically handicapped person has much to offer with his professional training, and the utilization of handicapped persons can aid others in becoming useful, independent members of society; and
WHEREAS, only 9 percent of the elderly nation-wide own automobiles, and even fewer operate vehicles due to poor eyesight and high maintenance and insurance costs, etc.; and
WHEREAS, the elderly, because of decreased mobility, ill health, fear of crime, isolation, and other factors, are often limited from participation in social activities without adequate public transportation services; and
WHEREAS, bus service and community service centers furnishing transportation for physically handicapped persons are nonexistent in many areas of the state.
Be it enacted by the General Assembly of Georgia;
Section 1. Aging Section; transportation plan, (a) The Aging Section, administratively established previously within the Department of Human Resources, is hereby statutorily established. The Aging Section established hereby shall have those functions, duties, powers, and responsibilities heretofore assigned by the board and the commissioner of the Department of Human Resources, and as hereafter so assigned or as provided by law.

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(b) The Aging Section, the Office of District Programs, and the other divisions and sections within the Department of Human Resources shall make an inventory of all the various vehicles to which the department holds title and shall investigate their utilization patterns in order to establish and develop a consolidated and coordinated transportation plan for the various human services programs of the department, including but not limited to those programs relating to the aged and to the mentally and physically handicapped.
(c) Other departments and agencies of the state shall cooperate with the Department of Human Resources in mutually beneficial agreements regarding the establishment and development of a coordinated transportation plan involving various vehicles to which the state has title.
(d) The plan required to be developed under this Act shall identify the fully allocated costs of the transportation component of their services and take into consideration various limitations on the expenditure of federal funds which may arise in any consolidated or coordinated transportation system. No later than June 30, 1980, a preliminary transportation plan shall be submitted by the Department of Human Resources to the Human Relations and Aging Committee of the House of Representatives and the Human Resources Committee of the Senate, which plan shall be revised and submitted to such committees every two years thereafter.
Section 2. The Aging Section, the Office of District Programs, and other divisions and sections within the Department of Human Resources, in cooperation with the Department of Transportation, shall identify those areas of the state where the general transportation needs of the elderly and handicapped persons are not and cannot be adequately served by bus service and community service centers furnishing transportation. In further cooperation with the Department of Transportation, the Department of Human Resources shall identify alternatives for meeting the transportation needs of these persons and shall report by June 30, 1980 to the committees specified in Section 1(d) of this Act. Such alternative means to be considered for providing for the transportation needs of these persons should include, but shall not be limited to:

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(1) Contract service resulting from competitive bidding by private sector bus operators operating under Code Title 68-6.
(2) Contract service resulting from competitive bidding by taxi operators.
(3) Negotiated fee basis with municipal and areawide transportation systems serving the general public.
(4) Any combination of above.
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 24, 1980.

ADEQUATE PROGRAM FOR EDUCATION IN GEORGIA ACT AMENDED.
No. 1092 (Senate Bill No. 458).
AN ACT
To amend an Act known as the "Adequate Program for Education in Georgia Act," approved March 26, 1974 (Ga. Laws 1974, p. 1045), as amended, particularly by an Act approved April 17, 1975 (Ga. Laws 1975, p. 539) and by an Act approved April 17, 1979 (Ga. Laws 1979, p. 1279), so as to provide that instructional personnel who are approved to participate in a personnel exchange program may be considered actually employed by a local unit of administration for the purpose of the allotment of State funds; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia:
Section 1. An Act known as the "Adequate Program for Education in Georgia Act," approved March 26, 1974 (Ga. Laws 1974, p. 1045), as amended, particularly by an Act approved April 17, 1975 (Ga. Laws 1975, p. 539) and by an Act approved April 17, 1979 (Ga. Laws 1979, p. 1279), is hereby amended by adding at the end of Section 10 a new subsection (e) to read as follows:
"(e) Notwithstanding any other provision of this Section, instructional personnel who are approved to participate in a personnel exchange program, whether sponsored from public or private funds, may be considered to be actually employed by the local unit of administration, and the local unit of administration may continue to receive State funds earned by the position for the duration of the personnel exchange program, subject to the approval of the State Board of Education. Provided, however, that no such personnel or program exchange shall be approved with any communist nation."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 24, 1980.

INSURANCE CODE AMENDED - CANCELLATION OR MODIFICATION OF POLICIES.
Code Section 56-712 Amended.
No. 1093 (Senate Bill No. 468).
AN ACT
To amend Code Section 56-712, relating to the continuation of definitions of unfair methods and practices, as amended, so as to provide that it shall be an unfair and deceptive act or practice to

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cancel, modify, or refuse to issue or renew any property or casualty policy or contract of insurance solely because the applicant or insured or any employee is either mentally or physically impaired; to provide for an exception; to provide for interpretation; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 56-712, relating to the continuation of definitions of unfair methods and practices, as amended, is hereby amended by adding a new subsection (7) at the end thereof to read as follows:
"(7) Cancellation or modification. To cancel, or to modify coverage or to refuse to issue or refuse to renew any property or casualty insurance policy solely because the applicant or insured or any employee of either is mentally or physically impaired; provided, that this subsection shall not apply to accident and sickness insurance policies sold by a casualty insurer; and, provided further, that this subsection shall not be interpreted to modify any other provision of this Title relating to the cancellation, modification, issuance, or renewal of any insurance policy or contract."
Section 2. Code Section 56-507, relating to standards applicable to insurance rates is hereby amended by adding at the end thereof a new subsection (g) to read as follows:
"(g) No insurer shall base any standard or rating plan on vehicle insurance, in whole or in part, directly or indirectly, upon any physical handicap of an insured unless the handicap directly impairs the ability of the insured to drive a motor vehicle."
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 24, 1980.

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JUVENILE COURT CODE OF GEORGIA AMENDED -- DESIGNATED FELONY ACTS.
Code Title 24A Amended.
No. 1094 (Senate Bill No. 489).
AN ACT
To amend Code Title 24A, known as the Juvenile Court Code of Georgia, as amended, so as to provide that certain acts which, if done by an adult, would constitute certain crimes shall be known as "designated felony acts" if committed by a juvenile; to define terms; to provide for disposition of juveniles who commit designated felony acts; to provide for practice, procedure, and other matters relative to the foregoing; to redesignate certain chapters and sections of Code Title 24A; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Title 24A, known as the Juvenile Court Code of Georgia, as amended, is hereby amended by adding a new Chapter 24A-23A to read as follows:
"CHAPTER 24A-23A Designated Felony Acts
24A-2301A. Definition. `Designated felony act' means an act which, if done by an adult, would be one or more of the following crimes:
(1) Murder, rape, kidnapping, or arson in the first degree, if done by a juvenile 13 or more years of age;
(2) Aggravated assault, voluntary manslaughter, aggravated sodomy, arson the second degree, or armed robbery, if done by a juvenile 13 or more years of age;
(3) Attempted murder or kidnapping, if done by a juvenile 13 or more years of age;

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`Intensive Supervision' means monitoring of a youths activities on a more frequent basis than regular Aftercare Supervision pursuant to regulations of the director of the division.
`A carefully arranged and monitored home visit' shall mean a home visit during which the youth shall be monitored by appropriate personnel of the Division of Youth Services designated pursuant to regulations of the director of the division.
24A-2302A. Designated felony acts; restrictive custody, (a) Where the juvenile is found to have committed a designated felony act, the order of disposition shall be made within 20 days of the conclusion of the dispositional hearing and shall include a finding, based on a preponderance of the evidence, as to whether, for the purposes of this chapter, the juvenile does or does not require a restrictive custody under this section, in connection with which the court shall make specific written findings of fact as to each of the elements set forth in paragraphs (1) through (5) of subsection (b) of this section as related to the particular juvenile. If the court finds that restrictive custody under this section is not required, the order of disposition shall be as otherwise provided in this title. If the court finds that a restrictive custody is required, it shall continue the proceeding and enter an order of disposition for restrictive custody. Every order under this section shall be a dispositional order, shall be made after a dispositional hearing, and shall state the grounds for the order.
(b) In determining whether restrictive custody is required, the court shall consider:
(1) The needs and best interests of the juvenile;
(2) The record and background of the juvenile;
(3) The nature and circumstances of the offense, including whether any injury involved was inflicted by the juvenile or another participant;
(4) The need for protection of the community; and
(5) The age and physical condition of the victim.

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(c) Notwithstanding the provision of subsection (b) of this section, the court shall order restrictive custody in any case where the juvenile is found to have committed a designated felony act in which the juvenile inflicted serious physical injury upon another person who is 62 years of age or more.
(d) When the order is for restrictive custody in the case of a youth found to have committed a designated felony act,
(1) The order shall provide:
(A) The juvenile shall be placed in the custody of the Division of Youth Services for an initial period of five years.
(B) The juvenile shall initially be confined in a Youth Development Center for a period set by the order, to be not less than 12 nor more than 18 months provided, however, where the order of the court is made in compliance with subsection (e) of this section, the juvenile shall initially be confined in a Youth Development Center for 18 months.
(C) After the period set under subparagraph (B) of this paragraph,'the juvenile shall be placed under intensive supervision for a period of 12 months.
(D) The juvenile may not be released from a Youth Development Center or transferred to a nonsecure facility during the period provided in subparagraph (B) of this paragraph, nor may the juvenile be released from intensive supervision during the period provided in subparagraph (C) of this paragraph unless by court order. No home visits shall be permitted during the first six month period of confinement in a Youth Development Center unless authorized by the court, except for emergency visits for medical treatment or severe illness or death in the family. All home visits must be carefully arranged and monitored: (i) while a youth is confined in a Youth Development Center, whether such confinement is pursuant to a court order or otherwise;
(2) During the placement or any extension thereof:

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(A) After the expiration of the period provided in subparagraph (C) of paragraph (1) of subsection (d), the juvenile shall not be released from intensive supervision without the written approval of the director of the Division of Youth Services or his or her designated deputy.
(B) The juvenile shall be subject to intensive supervision whenever not in a Youth Development Center.
(C) The juvenile shall not be discharged from the custody of the division, unless a motion therefor is granted by the court, which motion shall not be made prior to the expiration of three years of custody.
(D) Unless otherwise specified in the order, the division shall report in writing to the court not less than once every six months during the placement on the status, adjustment, and progress of the juvenile.
(3) Upon the expiration of the initial period of placement in a Youth Development Center, or any extension thereof, the placement may be extended, on motion by the division, after a dispositional hearing, for an additional period of 12 months; but no initial placement or extension of custody under this section may continue beyond the juvenile's twenty-first birthday.
(e) When the order is for a restrictive custody in the case of a youth found to have committed any designated felony act and such youth has been found by a court to have committed a designated felony act on a prior occasion, regardless of the age of such youth at the time of commission of such prior act, the order of the court shall be made pursuant to subparagraph (d)(1)(B) of this section.
(f) The Division shall retain the power to continue the confinement of the youth in a Youth Development Center or other program beyond the periods specified by the court within the term of the order."
Section 2. (a) Said Code title is further amended by redesignating Code Chapter 24A-34, relating to protective orders, as Code Chapter 24A-34A.

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(b) Said Code title is further amended by redesignating Code Section 24A-3401, relating to protective orders, as Code Section 24A-3401a.
(c) The provisions of this section shall not be construed so as to affect the designation of Code Chapter 24A-34, relating to cost, or Code Section 24A-3401, relating to costs and expenses for care of children. It is the purpose of this section to redesignate only that chapter and section which deal with protective orders.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 24, 1980.

GEORGIA CODE OF PUBLIC TRANSPORTATION AMENDED.
Code Title 95A Amended.
No. 1095 (Senate Bill No. 501).
AN ACT
To amend Code Title 95A, known as the "Georgia Code of Public Transportation," approved April 18, 1973 (Ga. Laws 1973, pp. 947-1191), as amended, particularly by an Act approved March 28, 1974 (Ga. Laws 1974, pp. 1422, 1432, 1433, 1434); an Act approved April 6, 1976 (Ga. Laws 1976, p. 1508); an Act approved March 4, 1977 (Ga. Laws 1977, pp. 263, 264, 266); and an Act approved April 16, 1979 (Ga. Laws 1979, pp. 1086, 1087), so as to amend the legislative intent to provide that the General Assembly shall recognize the Outdoor Advertising Industry as a bona fide commercial function; so as to amend the definition concerning "industrial or commercial activity" so as to require that those activities within 660 feet of the nearest edge of the right-of-way must not only be visible from the main traveled way but must also be recog-

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nizable as being an industrial or commercial activity; to provide a definition for nonconforming and illegal signs; to add to the restrictions on outdoor advertising in commercial or industrial areas those directional signs, displays and devices about goods and services in the specific interest of the traveling public and located in a defined area or areas approved by the United States Secretary of Transportation; to amend the section concerning the necessity for permit by adding thereto two new subsections which will provide for the requirement of registering all nonconforming signs, to authorize the promulgation of rules and regulations, to provide for the procedures to be followed in applying for a nonconforming sign and for reviewing the nonconforming sign application, to provide for an initial permit fee, to authorize the use of the fee by the department to defray the expenses of administering this Act, to provide that if any person fails to properly apply for a nonconforming permit, it shall be conclusively presumed that the sign has been abandoned and the sign shall then become illegal, to provide that failure on the part of the department to approve or deny a proper and completed application before the end of the specified two year period for such approval shall result in the sign being conclusively presumed to be a sign that can be permitted as a nonconforming sign and the department shall permit the same, and to authorize the department to refuse to issue any additional permits to any person, firm or corporation whom the department determines is maintaining or is allowing to be maintained an illegal sign within this state; to provide that the first unnumbered paragraph in Section 95A-922, relating to applications for permits, shall become paragraph (a), to increase the amount of the initial fee and the renewal fee of permits for legal signs, to amend the requirement that the department issue the permit within 60 days to provide that the permit will not be issued if the applicant is maintaining or allowing to be maintained an illegal sign within this state, to authorize the transfer of permits and renewals of legal signs, to add to Section 95A-922 a new paragraph to be denoted paragraph (b) and to provide in paragraph (b) for the procedure for renewal of permits for nonconforming signs, to provide for renewal fees, to provide that the renewal fees derived from the permitting of nonconforming signs shall be used to defray the expenses of administering this Act, and to authorize the transfer of permits and renewals of nonconforming signs; to provide that in addition to the procedure and remedies afforded by this Act, any person, firm or corporation who owns, uses, leases or subleases any outdoor advertising signs which are controlled by this Act, or who

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owns property on which a sign is located shall be subject to the "Georgia Administrative Procedure Act," as amended, and to provide that after conducting the hearing required by the "Georgia Administrative Procedure Act," as amended, the Commissioner or his designee, hearing officer or others, is authorized to issue an order requiring the disassembly and removal of any sign which has been administratively determined to be illegal and to designate the procedure for removing those signs determined to be illegal; to authorize the department to revoke or refuse to issue a sign permit for the destruction of any of the department's property on the rightsof-way, including but not limited to trees, vegetation or fences and to provide for the procedure to be followed before a permit is revoked or refused; to authorize the department to go into and upon privately owned lands for the purposes of effectuating the administrative order requiring the disassembly and removal of illegal signs, to provide for the procedure the department should follow to implement the administrative decision to remove the sign, to provide for the reimbursement to or the collection by the department from the party or parties against whom the order requiring the disassembly and removal is directed, and to provide for the storage and disposal of the disassembled signs by the department; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Title 95A, known as the "Georgia Code of Public Transporation," as approved April 18, 1973 (Ga. Laws 1973, pp. 947-1191), as amended, particularly by an Act approved March 28, 1974 (Ga. Laws 1974, pp. 1422, 1432, 1433, 1434); an Act approved April 6, 1976 (Ga. Laws 1976, p. 1508); an Act approved March 4, 1977 (Ga. Laws 1977, pp. 263, 264, 266); and an Act approved April 16, 1979 (Ga. Laws 1979, pp. 1086, 1087), is hereby amended by adding the sentences, "The General Assembly recognized that the Outdoor Advertising Industry is a bona fide commercial function. However, in no manner shall any outdoor advertising sign be defined as a commercial or industrial activity or be used for the purposes of administering this article.", after the words "public nuisances." and before the word "It" in the first paragraph of Section 95A-913, relating to the legislative intent, so that said first paragraph when so amended shall read as follows:

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"Section 95A-913. Legislative intent. The General Assembly declares it to be the policy of this state that the erection or maintenance of outdoor advertising in areas adjacent to the rights-of-way of roads of the state highway system, which are also a part of the interstate and primary systems of highways within the state, shall be regulated in accordance with the terms of this article and the regulations promulgated by the commissioner pursuant thereto and that all outdoor advertising which does not conform to the requirements of this article are public nuisances. The General Assembly recognizes that the Outdoor Advertising Industry is a bona fide commercial function. However, in no manner shall any outdoor advertising sign be defined as a commercial or industrial activity or be used for the purposes of administering this Article. It is the intention of the General Assembly to provide a statutory basis for the regulation of outdoor advertising consistent with the public policy relating to areas adjacent to roads of the state highway system which also form a part of the interstate and primary systems of highways declared by the Congress in Title 23, Section 103, United States Code, `Highways'."
Section 2. Said Code Title is further amended by deleting the sentence which follows the number 4 in subsection (j) of Code Section 95A-914 and substituting in lieu thereof a new sentence, "Activities within 660 feet of the nearest edge of the right-of-way which from the main traveled way are not visible and are not recognizable as being commercial or industrial activities.", so that said subsection (j) when so amended shall read as follows:
"(j) `Industrial or Commercial Activity' means those activities commonly or generally recognized as commercial or industrial, except that none of the following activities shall be considered commercial or industrial.
1. Outdoor advertising structures.
2. Agricultural, forestry, ranching, grazing, farming and related activities, including, but not limited to, wayside fresh produce stands.
3. Transient or temporary activities.

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4. Activities within 660 feet of the nearest edge of the right-of-way which from the main traveled way are not visible and are not recognizable as being commercial or industrial activities.
5. Activities more than 660 feet from the nearest edge of the right-of-way.
6. Activities conducted in a building principally used as a residence.
7. Railroad tracks and minor sidings."
Section 3. Said Code Title is further amended by inserting at the end of Code Section 95A-914, relating to definitions, two new subsections, to be designated as subsections (bb) and (cc) to read as follows:
"(bb) `Nonconforming sign' means a sign which was lawfully erected but which does not comply with the provisions of state law or state regulations due to changes in state law or changes in rules and regulations since the erection date of the sign.
(cc) `Illegal sign' means:
1. A sign for the maintenance of which a permit is required under this Act, or any amendment thereof, which sign is being maintained without a permit.
2. A sign being presently maintained without a required permit even though it could have been permitted under a former Outdoor Advertising Control Act in effect at the time of its erection.
3. A sign being presently maintained without a permit which sign could not have been permitted under the law in effect at the time of its erection even though the sign may meet the requirements of this act for the issuance of a permit.
4. A sign on which the permit has been revoked pursuant to this article.

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5. A sign on which a nonconforming application for permit was denied and the denial has become final.
6. A nonconforming sign for which no permit was sought as required by Section 95A-921."
Section 4. Said Code Title is further amended by deleting the words "and (e)" and inserting a comma and the words "(e) and (f)" after the word "(d)" and before the phrase "of Section 95A-915" and by inserting the words "and subsection (d) of Section 95A-915.1" after the word "95A-915" and before the word "hereof" in the first paragraph of Section 95A-916 so that said first paragraph when so amended shall read as follows:
"Section 95A-916. Restrictions on outdoor advertising in commercial or industrial areas. No sign authorized by the provisions of subsection (d), (e) and (f) of Section 95A-915 and subsection (d) of Section 95A-915.1 hereof shall be erected or maintained which:"
Section 5. Said Code Title is further amended by adding to Section 95A-921 two new subsections to be numbered (e) and (f), which shall be inserted in their appropriate numerical order within Section 95A-921 in the Georgia Code of Public Transportation and which shall read as follows:
"(e) Requirement of registration of nonconforming signs; procedures for nonconforming permit application and review; penalties for failure to make application.
1. It is the intent of this section to provide for a system of cataloging and registering nonconforming signs in order to more adequately administer the provisions of this Act, as amended. The department is hereby authorized to promulgate rules and regulations consistent with this section requiring the registration of nonconforming signs and said rules and regulations shall inform the applicants of the procedures to make application for nonconforming sign permits.
2. From the effective date of this Act, all persons, firms or corporations, who own nonconforming signs, as defined in Section 95A-914(bb), as amended, shall have a period of one year during which time they shall be required to file applications for

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nonconforming sign permits. Applications for nonconforming sign permits shall be made upon forms prescribed and provided by the department, shall contain the signature of the applicant and such other information as may be required by the department's rules and regulations. If the applicant files the application for a nonconforming sign permit upon the forms and according to the procedures provided by the department and within the specified time period of one year, the application shall be considered to have been timely and properly filed. An application fee of $50.00 shall accompany the application for each nonconforming sign and both the application and the fee shall be submitted to the department. The money received from permit fees shall be used to help defray the expenses of administering the provisions of this article, any provisions of the Georgia Code Sections 92-3501 through 92-3503 and 92-3601 through 92-3604, as amended, to the contrary notwithstanding. The department shall have a period of two years from the effective date of this Act to process applications for nonconforming sign permits. If at the end of this two year period, the department has failed to approve or deny a proper and completed application, it shall be conclusively presumed for all purposes that the sign can be permitted as a; nonconforming sign and the department must issue the permit within a reasonable time. Should the department deny the application for a nonconforming sign permit, the applicant may seek relief in accordance with Sections 14 through 19 of the `Georgia Administrative Procedure Act.' In cases where the applicant fails to exhaust the procedures prescribed by the `Georgia Administrative Procedure Act,' as amended, the department's denial of the permit request will be final and the sign shall then become an illegal sign as defined by Section 95A-914(cc)5. and shall be subject to removal under the terms of this Act.
3. If the owner of a nonconforming sign fails to properly apply for a permit, it is conclusively presumed that the sign has been abandoned and the sign shall then become an illegal sign as defined by Section 95A-914(cc)6. and shall be subject to removal under the terms of this Act.
(f) On or after the effective date of this Act, the department shall have the right to refuse to issue any additional permits to any person, firm or corporation whom the department determines is

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maintaining or is allowing to be maintained an illegal sign or signs, as defined by this Act, on the interstates or primary highways in this state until such illegal sign or signs are removed. The refusal by the department to issue any additional permits shall not be considered a final denial. If the applicant does not believe the sign or signs designated by the department are illegal, the applicant may seek relief in accordance with Sections 14 through 19 of the `Georgia Administrative Procedure Act,' as amended. Unless, within 120 days after the applicant has requested an administrative hearing, the department has issued a final agency decision that the sign or signs are illegal, the department may no longer refuse to issue permits because of a contention that an illegal sign or signs are being maintained."
so that said Section 95A-921 when so amended shall read as follows:
"95A-921. Necessity for permit, (a) On and after October 6, 1971, no person, firm, or corporation shall erect or maintain a sign authorized by subsection (a), (d), or (e) of Section 95A-915 hereof without a permit issued by the department.
(b) On and after January 1, 1972, no person, firm, or corporation shall maintain a sign lawfully in existence on the effective date of this article and which is authorized by the provisions of this article without a permit issued by the department.
(c) On and after the effective date of this Act, no person, firm, or corporation shall erect or maintain a sign authorized by subsection (a) of Section 95A-915.1 hereof without a permit issued by the department.
(d) On and after July 1, 1977, no person, firm or corporation shall maintain a sign lawfully in existence on the effective date of this Act and which sign is authorized by subsection (a) of Section 95A-915.1 hereof without a permit issued by the department.
(e) Requirement of registration of nonconforming signs; procedures for nonconforming permit application and review; penalties for failure to make application.
1. It is the intent of this section to provide for a system of cataloging and registering nonconforming signs in order to more

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adequately administer the provisions of this Act, as amended. The department is hereby authorized to promulgate rules and regulations consistent with this section requiring the registration of nonconforming signs and said rules and regulations shall inform the applicants of the procedures to make application for nonconforming sign permits.
2. From the effective date of this Act, all persons, firms or corporations, who own nonconforming signs, as defined in Section 95A-914(bb), as amended, shall have a period of one year during which time they shall be required to file application for nonconforming sign permits. Applications for nonconforming sign permits shall be made upon forms prescribed and provided by the department, shall contain the signature of the applicant and such other information as may be required by the department's rules and regulations. If the applicant files the application for a nonconforming sign permit upon the forms and according to the procedures provided by the department and within the specified time period of one year, the application shall be considered to have been timely and properly filed. An application fee of $50.00 shall accompany the application for each nonconforming sign and both the application and the fee shall be submitted to the department. The money received from permit fees shall be used to help defray the expenses of administering the provisions of this article, any provisions of the Georgia Code Sections 92-3501 through 92-3503 and 92-3601 through 92-3604, as amended, to the contrary notwithstanding. The department shall have a period of two years from the effective date of this Act to process applications for nonconforming sign permits. If at the end of this two year period, the department has failed to approve or deny a proper and completed application, it shall be conclusively presumed for all purposes that the sign can be permitted as a nonconforming sign and the department must issue the permit within a reasonable time. Should the department deny the application for a nonconforming sign permit, the applicant may seek relief in accordance with Sections 14 through 19 of the `Georgia Administrative Procedure Act.' In cases where the applicant fails to exhaust the procedures prescribed by the `Georgia Administrative Procedure Act,' as amended, the department's denial of the permit request will be final and the sign shall then become an illegal sign as defined by Section 95A-914(cc)5. and shall be subject to removal under 33 the terms of this Act.

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3. If the owner of the nonconforming sign fails to properly apply for a permit, it is conclusively presumed that the sign has been abandoned and the sign shall then become an illegal sign as defined by Section 95A-914(cc)6. and shall be subject to removal under the terms of this Act.
(f) On or after the effective date of this Act, the department shall have the right to refuse to issue any additional permits to any person, firm or corporation whom the department determines is maintaining or is allowing to be maintained an illegal sign or signs, as defined by this Act, on the interstates or primary highways in this state until such illegal sign or signs are removed. The refusal by the department to issue any additional permits shall not be considered a final denial. If the applicant does not believe the sign or signs designated by the department are illegal, the applicant may seek relief in accordance with Sections 14 through 19 of the `Georgia Administrative Procedure Act,' as amended. Unless, within 120 days after the applicant has requested an administrative hearing, the department has issued a final agency decision that the sign or signs are illegal, the department may no longer refuse to issue permits because of a contention that an illegal sign or signs are being maintained."
Section 6. Said Code Title is further amended by adding the word "(a)" after the word "permits." and before the word "Applications" after the title and before the first paragraph of Section 95A922, by adding the phrase "authorized by Section 95A-92 l(a),(b),(c), and (d)" after the word "thereof" and before the words "shall be", by deleting the dollar amount of "$25.00" and substituting the dollar amount of "$50.00" in the third sentence of the first paragraph of Section 95A-922, by deleting the dollar amount of "$10.00" and substituting the dollar amount of "$25.00" in the fourth sentence of the first paragraph of Section 95A-922, by deleting the period and adding a comma and the phrase "except when a person, firm or corporation is maintaining or allowing the maintenance of an illegal sign as provided for in Section 95A-921(f)." at the end of the sixth sentence of the first paragraph of Section 95A922, by deleting in their entirety the eighth, ninth and tenth sentences of the first paragraph of Section 95A-922 and by inserting in lieu thereof the following sentences:

GEORGIA LAWS 1980 SESSION

1027

"If the department fails to receive the renewal application before the expiration date of the permit, the department will notify the applicant that the renewal application is overdue when the applicant's address is known or reasonably available to the department and shall give the applicant 30 days after the expiration date to send the department the renewal application. If the applicant does not send the properly executed application and the appropriate fee within the specified 30 day period, the sign shall then become an illegal sign. No permit shall be renewed if the application for the renewal thereof has not been made in accordance with the provisions of this section. Permits shall be transferable. An application to have said permit transferred shall be made within 30 days of the change in ownership of the sign; and shall be made to the department upon forms prescribed by the department; shall contain the signature of the applicant and such other information as may be required by the department; and shall be verified under oath by the person, firm or corporation making application for transfer. Failure to timely and properly comply with this provision shall be grounds for revocation of the permit.",
and by adding thereto a new subsection to be numbered (b), which shall be inserted in its appropriate numerical order within Section 95A-922 of the Georgia Code of Public Transportation and which shall read as follows;
"(b) After the effective date of this Act, renewal of permits for nonconforming signs as defined in Section 95A-914(bb), as amended, and as authorized in Section 95A-921(e) shall be made to the department upon forms prescribed by the department; shall contain the signature of the applicant and such other information as may be required by the department's rules and regulations; and shall be verified under oath by the person, firm, or corporation making the application. Permit renewals shall be issued and shall be valid only if the sign is maintained in accordance with this article during the 12 month period next following the date of issuance. The fee for the renewal of a permit shall be $25.00. The money received from permit fees shall be used to help defray the expenses of administering the provisions of this article, any provisions of the Georgia Code Sections 92-3501 through 92-3503 and 92-3601 through 92-3604, as amended, to the contrary notwithstanding. Upon receipt of a properly executed application and the appropriate fee for the maintenance of a sign which may be lawfully maintained

1028

GENERAL ACTS AND RESOLUTIONS, VOL. I

pursuant to the provisions of this article, the department shall, within 60 days, issue a permit renewal authorizing the maintenance of the sign for which application is made. Application for the renewal of a permit shall be made to the department not more than 90 days nor less than 60 days before the expiration date of the permit for which renewal is sought. If the department fails to receive the renewal application before the expiration date of the permit, the department will notify the applicant that the renewal application is overdue when the applicant's address is known or reasonably available to the department and shall give the applicant 30 days after the expiration date to send the department the renewal application. If the applicant does not send the properly executed application and the appropriate fee within the specified 30 day period, the sign shall then become an illegal sign. No permit shall be renewed if the application for the renewal thereof has not been made in accordance with the provisions of this section. Permits shall be transferable. An application to have said permit transferred shall be made within 30 days of the change in ownership of the sign; and shall be made to the department upon forms prescribed by the department; shall contain the signature of the applicant and such other information as may be required by the department; and shall be verified under oath by the person, firm or corporation making application for transfer. Failure to timely and properly comply with this provision shall be grounds of revocation of the permit."
so that said Section 95A-922 when so amended shall read as follows:
"Section 95A-922. Applications for permits, (a) Applications for permits and the renewal thereof authorized by Section 95A921(a), (b), (c) and (d) shall be made to the department upon forms prescribed by the department; shall contain the signature of the applicant and such other information as may be required by the department; and shall be verified under oath by the person, firm, or corporation making the application. Permits and renewals thereof shall be issued for, and shall be valid only if the sign is erected and maintained in accordance with this article during the 12 month period next following the date of issuance. The fee for the initial issuance of a permit shall be $50.00. The fee for the renewal of a permit shall be $25.00. The money received from permit fees shall be used to help defray the expenses of administering the provisions of this article, any provision of Georgia Code Sections 92-3501

GEORGIA LAWS 1980 SESSION

1029

through 92-3503 and 92-3601 through 92-3604, as amended, to the contrary notwithstanding. Upon receipt of a properly executed application and the appropriate fee for the erection or maintenance of a sign which may be lawfully erected or maintained pursuant to the provisions of this article, the department shall, within 60 days, issue a permit or renewal authorizing the erection or maintenance, or both, of the sign for which application was made, except when a person, firm or corporation is maintaining or allowing the maintenance of an illegal sign as provided for in Section 95A-921(f). Application for the renewal of a permit shall be made to the department not more than 90 nor less than 60 days before the expiration date of the permit for which renewal is sought. If the department fails to receive the renewal application before the expiration date of the permit, the department will notify the applicant that the renewal application is overdue when the applicant's address is known or reasonably available to the department and shall give the applicant 30 days after the expiration date to send the department the renewal application. If the applicant does not send the properly executed application and the appropriate fee within the specified 30 day period, the sign shall then become an illegal sign. No permit shall be renewed if the application for the renewal thereof has not been made in accordance with the provisions of this section. Permits shall be transferable. An application to have said permit transferred shall be made within 30 days of the change in ownership of the sign; and shall be made to the department upon forms prescribed by the department; shall contain the signature of the applicant and such other information as may be required by the department; and shall be verified under oath by the person, firm or corporation making application for transfer. Failure to timely and properly comply with this provision shall be grounds for revocation of the permit.
(b) After the effective date of this Act, renewal of permits for nonconforming signs as defined in Section 95A-914(bb), as amended, and as authorized in Section 95A-921(e) shall be made to the department upon forms prescribed by the department; shall contain the signature of the applicant and such other information as may be required by the department's rules and regulations; and shall be verified under oath by the person, firm, or corporation making the application. Permit renewals shall be issued and shall be valid only if the sign is maintained in accordance with this article during the 12 month period next following the date of issuance.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

The fee for the renewal of a permit shall be $25.00. The money received from permit fees shall be used to help defray the expenses of administering the provisions of this article, any provisions of the Georgia Code Sections 92-3501 through 92-3503 and 92-3601 through 92-3604, as amended, to the contrary notwithstanding. Upon receipt of a properly executed application and the appropriate fee for the maintenance of a sign which may be lawfully maintained pursuant to the provisions of this article, the department shall, within 60 days, issue a permit renewal authorizing the maintenance of the sign for which application is made. Application for the renewal of a permit shall be made to the department not more than 90 days nor less than 60 days before the expiration date of the permit for which renewal is sought. If the department fails to receive the renewal application before the expiration date of the permit, the department will notify the applicant that the renewal application is overdue when the applicant's address is known or reasonably available to the department and shall give the applicant 30 days after the expiration date to send the department the renewal application. If the applicant does not send the properly executed application and the appropriate fee within the specified 30 day period, the sign shall then become an illegal sign. No permit shall be renewed if the application for the renewal thereof has not been made in accordance with the provisions of this section. Permits shall be transferable. An application to have said permit transferred shall be made within 30 days of the change in ownership of the sign; and shall be made to the department upon forms prescribed by the department; shall contain the signature of the applicant and such other information as may be required by the department; and shall be verified under oath by the person, firm or corporation making application for transfer. Failure to timely and properly comply with this provision shall be grounds for revocation of the permit."
Section 7. Said Code Title is further amended by adding thereto a new Section to be numbered 95A-930.1. , which shall be inserted in its appropriate numerical order within the Georgia Code of Public Transportation and which shall read as follows:
"Section 95A-930.1. Applicability of the `Georgia Administrative Procedure Act' and additional remedies for failure to comply with this article, (a) In addition to the procedures and remedies afforded by this Act, it is hereby declared that any person, firm or

GEORGIA LAWS 1980 SESSION

1031

corporation who owns, uses, leases or subleases any outdoor advertising sign which is controlled by this Act, or who owns property on which a sign is located, shall be subject to the provisions of the `Georgia Administrative Procedure Act,' as amended, with respect to the erection, maintenance or use of outdoor advertising signs.
(b) It is specifically declared that the procedures provided in Sections 14 through 22 of the `Georgia Administrative Procedure Act,' as amended, may be employed in cases wherein the Department of Transportation believes that a sign has been erected or is being maintained or used in violation of the provisions of this Act, as amended. After conducting the hearing required by the `Georgia Administrative Procedure Act,' as amended, the Commissioner or his designee, hearing officer or others, is hereby authorized to issue an order requiring the disassembly and removal of any sign which has been administratively determined to be illegal as defined by Section 95A-914(cc) of this Act, as amended. In the event that the Commissioner or his designee, hearing officer or others, finds that a sign is illegal and orders its disassembly and removal, the party or parties against whom the order is directed shall be given 90 days from the date of the order in which to disassemble and remove the sign. In the event the party or parties against whom the order is directed fails to comply with the order, the department may disassemble and remove the sign in accordance with the provisions of Section 95A-931 of this Act, as amended."
Section 8. Said Code Title is further amended by adding thereto a new Section to be numbered 95A-930.2, which shall be inserted in its appropriate numerical order within the Georgia Code of Public Transportation and which shall read as follows:
"Section 95A-930.2. Revocation or witholding of permits for illegal or unauthorized actions against the department's property. It shall be cause for the department to revoke a sign permit or refuse to issue a sign permit if any of the department's property on the rights-of-way, including but not limited to trees, vegetation or fences, is destroyed, damaged, converted or altered by or on behalf of a person, firm or corporation who owns, erects, maintains, leases or uses any sign which is controlled by this Act, as amended. When the department believes that any of the aforesaid property has been destroyed, damaged, converted or altered, the department shall make a preliminary investigation and based on its findings may:

1032

GENERAL ACTS AND RESOLUTIONS, VOL. I

(a) Revoke the permit or permits of any owner of a sign or signs where the department determines that the person, firm or corporation who owns the land or who owns, erects, maintains, leases or uses the sign or signs, caused, hired, procured, or consciously or by design consented to any of the illegal acts described above at or near the sign site, hereby depriving the sign owner of the permit to use that site; or
(b) Refuse to issue a permit or permits for a sign site or sites for a period not to exceed five years if the department determines that the applicant has caused, hired, procured or consciously or by design consented to any of the illegal acts described above on the department's rights-of-way within 500 feet on either side of that sign site or sites.
Before the actions listed in (a) above may be taken, the department shall give 30 days written notice via certified mail to the permit holder and this notice shall appraise the permit holder a hearing that will be held in accordance with Sections 14 through 19 of the `Georgia Administrative Procedure Act,' as amended. If the action described in (b) above is taken, the department shall state this in its refusal to issue a permit and the applicant shall have the right to an administrative review of this action as provided by Sections 14 through 19 of the `Georgia Administrative Procedure Act,' as amended."
Section 9. Said Code Title is further amended by deleting in its entirety Section 95A-931 and substituting in lieu thereof a new Section 95A-931 as follows:
"Section 95A-931. Authority to enter upon private lands to implement Administrative decisions; Reimbursement for expenses in implementing decisions; Return or disposition of stored sign remnants. After notifying the landowner by registered or certified mail, in cases where an administrative order has been issued by the Commissioner or his designee, hearing officer or others, requiring the removal of an illegal outdoor advertising sign and the order has become a final decision, the department shall be authorized to enter upon privately owned lands for the purposes of effectuating the administrative order requiring disassembly and removal of illegal signs provided the order issued authorizes this action by the department.

GEORGIA LAWS 1980 SESSION

1033

The disassembly and removal of any illegal sign by the department shall begin only after an inspection of the sign site has been made by an employee of the department and it is found that the sign has not been removed and an affidavit of the employee reflecting this finding has been filed by the Department with the closed administrative record in the case. When the department disassembles and removes a sign, it shall be done as expeditiously as reasonably possible, during daylight hours of regular working days, and it shall be done in a manner so as to cause as little inconvenience to the property owner as is possible under the circumstances. The outdoor advertising sign shall be removed to the nearest, convenient field or district office of the department which is suitable for storage of the sign.
An itemization of the expenses incurred by the department for the disassembly, removal, transportation and storage may be kept and a statement for the expenses incurred may be sent via certified mail to the party or parties against whom the order requiring the disassembly and removal is directed. It shall be the duty of the party or parties to reimburse the department for the expenses incurred by the department for the disassembly, removal, transportation and storage of the sign. In the event the expenses are not paid in full within 30 days of receipt of the itemized statement, the department in its discretion may: (i) institute a civil action to recover these unpaid expenses, (ii) utilize any other collection procedures authorized by law, (iii) refuse to issue a permit or permits to the party or parties from whom the expenses are due for any outdoor advertising site until such expenses are paid. Provided, however, if the party or parties disputes the amount or that the expenses are due, the party or parties may deposit the sum claimed due with the department or post a bond with good security in an amount equal to the sum claimed due, said bond to be approved by the department, and the party or parties shall then request a hearing and the controversy shall be decided in accordance with Sections 14 through 19 of the `Georgia Administrative Procedure Act,' and until such a final determination is made, the department shall not refuse to issue a permit or permits.
If the party or parties against whom the order is directed pays the itemized expenses within 30 days from the receipt of the statement and requests the right to retrieve the stored remains of the sign at the time of payment, then the department shall allow the party or

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GENERAL ACTS AND RESOLUTIONS, VOL. I

parties to retrieve the sign remains within a reasonable period of time. If the party or parties against whom the order is directed fails to pay the itemized expenses within 30 days of the receipt of the statement, or if they timely pay the expenses but fail to timely request the right to retrieve the sign remains or if after making a timely request they fail to timely retrieve the sign remains, then the department is authorized to dispose of the stored signs, or remnants thereof, in any lawful manner the department deems appropriate. Any other provisions of this or any other law to the contrary notwithstanding, any party or parties against whom any order is issued shall have the right to seek relief directly in the superior court."
Section 10. If any part, section, sentence, clause or phrase of this Act is declared or adjudged unconstitutional or void, the General Assembly hereby declares that it would have enacted the remaining parts, sections, sentences, clauses or phrases and they shall be considered severable and not affected thereby.
Section 11. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 12. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 24, 1980.

CRIMES - BAD CHECKS.
Code Section 26-1704 Amended.
No. 1096 (Senate Bill No. 523).
AN ACT
To amend Code Section 26-1704, relating to bad checks, as amended, so as to provide that it shall be prima facie evidence that the accused knew the instrument would be dishonored if notice

GEORGIA LAWS 1980 SESSION

1035

mailed by certified or registered mail is returned undelivered to the sender when such notice was mailed within a reasonable time of dishonor to the address on the instrument or given by the accused at the time of issuance of the instrument; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 26-1704, relating to bad checks, as amended, is hereby amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 26-1704 to read as follows:
"26-1704. Bad checks, (a) A person commits criminal issuance of a bad check when he makes, draws, utters, or delivers a check, draft, or order for the payment of money on any bank or other depository in exchange for a present consideration or wages, knowing that it will not be honored by the drawee. For the purposes of this section, it is prima facie evidence that the accused knew that the instrument would not be honored, if:
(1) The accused had no account with the drawee at the time the instrument was made, drawn, uttered, or delivered; or
(2) Payment was refused by the drawee for lack of funds, upon presentation within 30 days after delivery and the accused, or someone for him, shall not have paid the holder thereof the amount due thereon, together with a service charge not to exceed $5 or five per cent, of the face amount of the instrument, whichever is greater, within 10 days after receiving written notice that payment was refused upon such instrument. For purposes of this subsection (2):
(A) Notice mailed by certified or registered mail, evidenced by return receipt, to the address printed on the instrument or given at the time of issuance shall be deemed sufficient and equivalent to notice having been received by the person making, drawing, uttering or delivering said instrument.
(B) The form of notice shall be substantially as follows: `You are hereby notified that a check or instrument

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GENERAL ACTS AND RESOLUTIONS, VOL. I

numbered

issued by you on

(date),

drawn upon

(name of bank), and payable to

, has been dishonored. Pursuant to Georgia

law, you have 10 days from receipt of this notice to tender

payment of the full amount of such check or instrument

plus a service charge of $5.00 or 5 percent, (of the face

amount of the check), whichever is greater, the total

amount due being $

and

cents. Unless

this amount is paid in full within the specified time above,

the holder of such check or instrument may turn over the

dishonored check or instrument and all other available

information relating to this incident to the District Attorney

or Solicitor for criminal prosecution.'

(C) Any party holding a worthless check or instrument and giving notice in substantially similar form to that provided in subparagraph (B) shall be immune from civil liability for the giving of such notice and for proceeding under the forms of such notice.

(3) Notice mailed by certified or registered mail is returned undelivered to the sender when such notice was mailed within a reasonable time of dishonor to the address printed on the instrument or given by the accused at the time of issuance of the instrument.

(b) Except as provided in subsection (c), a person who commits criminal issuance of a bad check shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor.

(c) A person who commits criminal issuance of a bad check by the making, drawing, uttering or delivering of a check, draft, or order on a bank of another state shall be guilty of a felony and upon conviction thereof shall be punished by imprisonment for not less than one nor more than five years or by a fine in an amount of up to one thousand dollars, or both.

(d) The prosecuting authority of the court with jurisdiction over a violation of subsection (c) may seek extradition for criminal prosecution of any person, not within this State, who flees the State to avoid prosecution under this section.

GEORGIA LAWS 1980 SESSION

1037

(e) In any prosecution or action under the provisions of this section, a check, draft, or order for which the information required in subparagraphs (1) and (2) of this subsection (e) is available at the time of issuance shall constitute prima facie evidence of the identity of the party issuing the check, draft, or order and that such person was a party authorized to draw upon the named account.
(1) To establish this prima evidence, the following information regarding the identity of the party presenting the check, draft or order shall be obtained by the party receiving such instrument: The full name, residence address, and home phone number.
Such information may be provided by either of two methods:
(A) Such information may be recorded upon the check or instrument itself; or
(B) The number of a check-cashing identification card issued by the receiving party may be recorded on the check. Such check-cashing identification card shall be issued only after the information required in subparagraph (1) has been placed on file by the receiving party.
(2) In addition to the information required in subparagraph (1), the party receiving a check shall witness the signature or endorsement of the party presenting such check, and, as evidence of such, the receiving party shall initial the check.
(f) For purposes of this Code section, `present consideration' shall include without limitation an obligation or debt of rent which is past due or presently due, and an obligation or debt of State taxes which is past due or presently due, and the term `State taxes' shall include payments made to the Georgia Employment Security Agency."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

1038

GENERAL ACTS AND RESOLUTIONS, VOL. I

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 24, 1980.

MOTOR VEHICLE CERTIFICATE OF TITLE ACT AMENDED - REPORTS OF COUNTY TAG AGENTS.
No. 1097 (Senate Bill No. 533).
AN ACT
To amend an Act known as the "Motor Vehicle Certificate of Title Act", approved March 7, 1961 (Ga. Laws 1961, p. 68), as amended, so as to provide a time period within which county tag agents must submit reports to the Commissioner as to title applications which the county tag agents accept and handle; to provide a penalty for failure of the county tag agents to submit said reports and moneys to the Commissioner in a timely and proper manner; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act known as the "Motor Vehicle Certificate of Title Act", approved March 7, 1961 (Ga. Laws 1961, p. 68), as amended, is hereby amended by adding between Sections 18 and 19 a new Section 18A to read as follows:
"Section 18A. All county tag agents accepting and handling title applications shall endeavor to submit said applications and related sums of money to which the Department of Revenue is entitled to the Commissioner on a daily basis; however, all reports of title applications handled and related sums of money collected to which the Department of Revenue is entitled must be submitted to the Commissioner within seven calendar days from the close of the

GEORGIA LAWS 1980 SESSION

1039

business day during which said applications were handled and related sums of money collected.
(a) Said funds received as a result of handling title applications shall be considered trust funds in the hands of such tag agents until such time as paid over to the Commissioner.
(b) Failure to submit the reports or remit the funds within the seven calendar day period from the close of the business day as required by this Act shall result in the penalties imposed by Code Section 91A-239.1.
(c) Before the expiration of the time period within which a title report is required to be filed with the Commissioner or funds remitted to the Commissioner, application may be made to the Commissioner who shall be authorized, upon a showing of justifiable cause, to grant up to a ten day extension from the deadline provided for the performance of the above duties. Only one such extension may be granted with regard to any reports or funds due the Commissioner for a specific business day.
(d) Proof of mailing within the appropriate time period provided for in this section, as evidenced by a United States Post Office Postmark, shall be prima facie proof that the county tag agent has complied in a timely manner with his duties as enumerated by this Act."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 24, 1980.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

HEALTH CODE AMENDED - TEACHING HOSPITALS, REPORTS OF NON-ACCIDENTAL INJURIES.
Code Title 88 Amended.
No. 1098 (Senate Bill No. 541).
AN ACT
To amend Code Title 88, relating to public health, so as to provide for payments to hospital authorities operating teaching hospitals providing medical education and training for physicians; to provide for the reporting of incidents of physical injury or injuries by other than accidental means by certain personnel employed in certain medical facilities; to provide for the nature and content of such reports; to provide that any person or persons participating in the making of a report or causing a report to be made or participating in any judicial proceeding or any other proceeding resulting therefrom shall in so doing be immune from any civil liability that might otherwise be incurred or imposed, providing such participation shall be made in good faith; to define certain terms; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Title 88, relating to public health, is hereby amended by adding a new section at the end of Code Chapter 8818, relating to hospital authorities, to be designated Code Section 88-1825, to read as follows:
"88-1825. Authorities providing medical education, (a) The General Assembly finds that major hospital authorities in this state provide a valuable service benefiting the entire state by operating teaching hospitals which provide necessary medical education and training for physicians. This service to the state is provided through residency programs offered by these teaching hospitals. Through residency programs operated by state teaching hospitals, the state has recognized its responsibility to fund the cost of training physicians, and it is the purpose of this section to recognize that the state has a similar responsibility when the medical education and training are provided by teaching hospitals operated by hospital authorities.

GEORGIA LAWS 1980 SESSION

1041

(b) As used in this section, `hospital authority' means a hospital authority operating a teaching hospital which offers a residency program approved by the American Medical Association. As used in this section, `resident' means a physician receiving medical education and training through a teaching hospital operated by a hospital authority.
(c) For each resident receiving medical education and training through a teaching hospital operated by a hospital authority, the Board of Regents shall pay $10,000.00 per annum to the hospital authority. Such payments shall be made based upon certifications of the hospital authorities to the Board of Regents. The Board of Regents is hereby authorized to designate the Joint Advisory Board of Family Practice to promulgate rules and regulations specifying procedures for making the certifications provided for herein and to establish a procedure for making payments to hospital authorities as provided herein.
(d) The funds necessary to carry out the provisions of this section shall come from funds appropriated for such purpose to the Board of Regents. In the event the funds appropriated by the General Assembly are insufficient to fund the full amount payable to hospital authorities under subsection (c) of this section, the amount otherwise payable under said subsection shall be reduced pro rata in accordance with the funds actually appropriated for such purpose. The local government or governments responsible for the governance of and/or the financial support of the hospital authority or authorities shall provide a certified audit to the Board of Regents within 90 days after this Act becomes law which shows clearly the exact amount of local funds contributed to the authority during the most recent full fiscal year of operation of said authority or authorities. No funds provided for in this Act shall be distributed to any hospital or hospital authority if the local government's contribution in any year hereafter falls below the previous year's contribution as shown in the certified audit. The Board of Regents shall have the authority to promulgate rules and regulations to carry out the provisions of this section. Local funds referred to in this subsection shall mean in kind and/or cash contributions.
(e) The provisions of this Code section shall not be construed to amend, modify, supersede, or repeal the provisions of an Act creating a joint advisory board of family practice, approved March 31,

1042

GENERAL ACTS AND RESOLUTIONS, VOL. I

1976 (Ga. Laws 1976, p. 1096), as the same now exists or may hereafter be amended."
Section 2. Said Code title is further amended by adding a new section at the end of Code Chapter 88-19, relating to regulations of hospitals and related institutions, to be designated Code Section 881913, to read as follows:
"88-1913. Reports by physicians and other personnel; immunity from liability, (a) Any physician, including any doctor of medicine licensed to practice under the laws of this state, licensed registered nurse employed by a medical facility, security personnel employed by a medical facility, or other personnel employed by a medical facility whose employment duties involve the care and treatment of patients therein having cause to believe that a patient has had physical injury or injuries inflicted upon him other than by accidental means shall report or cause reports to be made in accordance with the provisions of this section.
(b) An oral report shall be made immediately by telephone or otherwise and followed by a report in writing, if requested, to the person in charge of the medical facility or his designated delegate. Said person in charge or his designated delegate shall in turn notify the appropriate police authority of the same. Such reports shall contain the name and address of the patient, the nature and extent of the patient's injuries, and any other information that the reporting person believes might be helpful in establishing the cause of the injuries and the identity of the perpetrator.
(c) Any person or persons participating in the making of said report or causing said report to be made to the appropriate police authority pursuant to the provisions of this section or participating in any judicial proceeding or any other proceeding resulting therefrom shall in so doing be immune from any civil liability that might otherwise be incurred or imposed, providing such participation pursuant to this section shall be made in good faith.
(d) Unless a different meaning is required by the context, the term `medical facility' as used in this section shall mean any licensed general or specialized hospital, institutional infirmary, public health center, or diagnostic and treatment center."

GEORGIA LAWS 1980 SESSION

1043

Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval, except that Section 1 of this Act shall become effective July 1, 1980.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 24, 1980.

SECURITY GUARDS FOR GEO. L. SMITH II GEORGIA WORLD CONGRESS CENTER AUTHORITY.
No. 1099 (Senate Bill No. 553).
AN ACT
To amend an Act approved March 16, 1972 (Ga. Laws 1972, p. 245), as amended, particularly by an Act approved March 12, 1974 (Ga. Laws 1974, p. 174), known as the "Geo. L. Smith II Georgia World Congress Center Act," relating to the creation, powers, and duties of the Geo. L. Smith II Georgia World Congress Center Authority, so as to provide for the employment of security guards by the Geo. L. Smith II Georgia World Congress Center Authority; to provide for their duties; to provide for their certification and training as peace officers; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act approved March 16, 1972 (Ga. Laws 1972, p. 245), as amended, particularly by an Act approved March 12, 1974 (Ga. Laws 1974, p. 174), known as the "Geo. L. Smith II Georgia World Congress Center Act," relating to the creation, powers, and duties of the Geo. L. Smith II Georgia World Congress Center Authority, is hereby amended by redesignating Section 12 thereof, relating to the power of the Authority to adopt rules and regulations, as subsection (a) of Section 12 and adding at the end thereof a

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new subsection, to be designated subsection (b) of Section 12 which shall read as follows:
"(b) (1) The Authority shall be authorized to employ security guards to keep watch over and protect the Geo. L. Smith II Georgia World Congress Center and such other properties as may be under the management and control of the Authority. The security guards employed, as provided by this subsection, shall be employees of and compensated by the Authority. The security guards employed pursuant to the provisions of this Section, shall be charged with the duty of protecting and preserving the property under the management and control of the Authority and the prevention, detection, and investigation of offenses committed thereon. Security guards so employed by the Authority shall not be subject to the `Georgia Peace Officer Standards and Training Act' but may apply for and obtain certification thereunder.
Any security guard so employed who is a candidate for or who has obtained certification under the `Georgia Peace Officer Standards and Training Act' shall, in addition, have powers to arrest all persons committing offenses thereon and to possess and carry weapons while on duty, but only while in the performance of his duties and only while upon the property or in connection with the property under the control of the Authority.
(2) Under such terms and conditions as the Authority and the Georgia Board of Public Safety may by agreement establish, the Georgia Board of Public Safety may provide through the Georgia Police Academy such limited or specialized training to security guards employed by the Authority as may be appropriate to the responsibilities and powers vested in such security guards. Without limitation of the foregoing, the Board may permit limited participation by such security guards in the training program, or such parts thereof as may be appropriate, offered to police officers by the Georgia Police Academy. Nothing herein shall limit the duty of the Georgia Police Academy to train security guards who apply for certification under the `Georgia Peace Officers Standards and Training Act.'"
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

GEORGIA LAWS 1980 SESSION

1045

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 24, 1980.

CLERKS OF SUPERIOR COURTS ^FEES FOR ATTENDANCE UPON THE COURTS.
Code Section 24-2727 Amended.
No. 1100 (Senate Bill No. 569).
AN ACT
To amend Code Section 24-2727, relating to the enumeration of fees for clerks of the superior courts, as amended, particularly by an Act approved March 30, 1977 (Ga. Laws 1977, p. 1098), so as to change the fees for each day of service in attendance upon the courts; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 24-2727, relating to the enumeration of fees for clerks of the superior courts, as amended, particularly by an Act approved March 30, 1977 (Ga. Laws 1977, p. 1098), is hereby amended by striking from the enumeration of fees for civil cases the following:
"For each day of service in attendance upon the courts . . 20.00",
and inserting in lieu thereof the following:
"For each day of service in attendance upon the courts . $35.00",
and by striking from the enumeration of fees for criminal cases the following:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

"For each day of service in attendance upon the courts . . 20.00",
and inserting in lieu thereof the following:
"For each day of service in attendance upon the courts . $35.00".
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 24, 1980.

CHILDREN AND YOUTH ACT AMENDED - JUVENILE DETENTION CENTERS.
Code Section 24A-603 Amended.
No. 1101 (Senate Bill No. 580).
AN ACT
To amend an Act known as the "Children and Youth Act," approved March 14, 1963 (Ga. Laws 1963, p. 81), as amended, so as to provide that county juvenile detention centers shall be transferred to the Department of Human Resources, Division of Youth Services, on a certain date and shall be operated as facilities of said Department and Division after said date; to authorize appropriations to reimburse counties for the expenses incurred in operating said facilities pending such transfer; to amend Code Section 24A603, relating to the appointment of personnel by the judge of the juvenile court, so as to delete the provision for the appointment of employees of detention centers; to provide effective dates; to repeal conflicting laws; and for other purposes.

GEORGIA LAWS 1980 SESSION

1047

Be it enacted by the General Assembly of Georgia:
Section 1. An Act known as the "Children and Youth Act," approved March 14, 1963 (Ga. Laws 1963, p. 81), as amended, is hereby amended by adding at the end of Section 13 a new subsection (n) to read as follows:
"(n) Effective July 1, 1981, all juvenile detention facilities operated by counties shall be transferred to the control and jurisdiction of the Department of Human Resources, Division of Youth Services, and, thereafter, shall be operated as facilities of said Department and Division. Until such time as county juvenile detention centers are transferred to the Department and Division, as provided herein, the General Assembly may appropriate funds to the Department of Human Resources, Division of Youth Services, to reimburse or partially reimburse counties for the cost incurred by such counties in operating such facilities; provided, however, that this subsection shall not become effective unless those counties which maintain their own juvenile detention facilities, including Fulton, Chatham and DeKalb Counties, transfer and deed to the State of Georgia the real and personal property which comprises the offices, facilities and equipment of such detention facilities if such property is desired by the State of Georgia."
Section 2. Code Section 24A-603, relative to the appointment of personnel by the judge of the juvenile court, is hereby amended by striking from the first sentence of said section the following:
", employees of the detention home,"
so that when so amended Code Section 24A-603 shall read as follows:
"24A-603. Personnel. The judge of the juvenile court shall have the authority to appoint clerks and any other personnel necessary for the execution of the purposes of this Title, and their compensation shall be fixed by the judge, with the approval of the governing authority of the county. The salaries of said employees shall be paid out of county funds. All appointments shall be made from eligible lists secured from the local merit board in those counties where such board exists or from lists established by competitive examinations conducted by the court. Their appointment, salary, tenure and all

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GENERAL ACTS AND RESOLUTIONS, VOL. I

other conditions of their employment shall be in accordance with the laws and regulations governing the merit system under which operated or such rules and regulations established by the court. All personnel now employed shall be retained at the discretion of the judge. Any employee of the court may be removed for cause by the judge of the court, the reasons therefor to be assigned in writing."
Section 3. Section 1 of this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 2 of this Act shall be effective on July 1, 1981.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 24, 1980.

REMOVAL OF CIVIL LIABILITY WHEN EQUIPMENT IS PROVIDED AT NO COST DURING AN EMERGENCY.
No. 1102 (Senate Bill No. 584).
AN ACT
To relieve from civil liability any person who provides equipment at no cost to the State or to any political subdivision of the State during an emergency or disaster situation; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Any person, including those in the business of selling or leasing new or used equipment, who provides equipment to the State or to any political subdivision of the State at no cost during an emergency or disaster situation, whether or not officially declared as such, for use in meeting any exigency caused by said emergency or disaster situation, shall not be liable for any civil damages as a result of any act or omission by such person in providing the equipment.

GEORGIA LAWS 1980 SESSION

1049

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 24, 1980.

DEDUCTION OF PARKING FEES AND VAN POOL FEES FROM STATE EMPLOYEES' WAGES.
No. 1103 (Senate Bill No. 587).
AN ACT
To authorize the various departments, agencies, authorities, and commissions of the state to deduct from the salaries and wages of state employees amounts for the payment of Capitol Hill parking and van pool fees; to provide that such deductions be on a voluntary basis; to provide that fiscal authorities or other employees will incur no liability in performance of their agreement with employees; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Any department, agency, authority, or commission of the State of Georgia is hereby authorized to deduct from the salaries or wages of its employees designated amounts for the purpose of payment of Capitol Hill parking and van pool fees. No such deduction shall be made without the approval of the head of the department, agency, authority, or commission and the Georgia Building Authority. No such deduction shall be made without the written request of the employee, which request shall designate the exact amount which is to be deducted. Any employee who has consented to a deduction is hereby authorized to withdraw from such plan upon one month's written notice.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

Section 2. The fiscal authorities or other employees of the various departments, agencies, authorities, or commissions will not incur any liability for errors or omissions made in the performance of the agreement between the department, agency, authority, or commission and the employee.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 24, 1980.

MOTOR VEHICLES - LICENSING OF VEHICLES OVER 24,000 POUNDS.
No. 1105 (Senate Bill No. 532).
AN ACT
To amend an Act pertaining to the registration and licensing of motor vehicles in the counties throughout the state, approved March 9, 1955 (Ga. Laws 1955, p. 659), as amended, so as to remove the restriction prohibiting the State Revenue Commissioner from distributing license plates for motor vehicles to any tax collector or tax commissioner for any motor vehicle in excess of 24,000 pounds and requiring that an inventory of such license plates be maintained at one central location in the state; to require county tag agents to inventory shipments of license plates for motor vehicles over 24,000 pounds and to file an affidavit of lost or missing license plates or decals within a certain time period after receipt of their shipment; to provide a time period within which county tag agents must submit reports and moneys to the Commissioner as to license tag applications handled; to provide for related information; to provide a penalty for failure of the county tag agents to submit said reports and moneys to the Commissioner in a timely and proper manner; to provide a period of exception; to provide for matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

GEORGIA LAWS 1980 SESSION

1051

Be it enacted by the General Assembly of Georgia:
Section 1. An Act pertaining to the registration and licensing of motor vehicles in the counties throughout the state, approved March 9, 1955 (Ga. Laws 1955, p. 659), as amended, is hereby amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. (a) The State Revenue Commissioner shall furnish to each such agent such number of motor vehicle license plates and decals as he may deem necessary for issuance by such agent, together with such forms and other supplies as are necessary to enable such agent to perform the duties required of him by this Act.
(b) The county tag agent shall, immediately upon receipt of the motor vehicle license plates from the State Revenue Commissioner, take a full and complete inventory of the arriving shipment of license plates for motor vehicles over 24,000 pounds. The affidavit of lost or missing plates which the county tag agents are required to file with the State Revenue Commissioner shall be filed within ten days of the county tag agents' receipt of the license plates for motor vehicles over 24,000 pounds in weight. Failure to submit the required affidavit within ten days shall result in a denial of credit for any lost or missing license plates and the receiving county shall be responsible for full payment of said license plates.
(c) The county is responsible for providing a secure storage area for all license plates and renewal decals.
(d) Notwithstanding any other provision of law, should a county desire to maintain an inventory of license plates for vehicles weighing in excess of 24,000 pounds and sell said license plates for vehicles weighing in excess of 24,000 pounds, the county shall first request permission in writing from the State Revenue Commissioner. Permission shall be granted at the discretion of the Commissioner and, once granted, the permission may be revoked should the county fail to file tag and title reports with the Commissioner in a timely and proper manner and fail to remit to the Commissioner in a timely manner sums of money collected.
(e) The State Revenue Commissioner shall prescribe such reasonable rules and regulations as in his discretion may be necessary to effectuate the purposes of this Act."

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GENERAL ACTS AND RESOLUTIONS, VOL. I

Section 2. Said Act is further amended by adding at the end of Section 3 a new subsection (d) to read as follows:
"(d) All county tag agents accepting tag applications shall endeavor to submit to the Commissioner on at least a weekly basis reports of tag applications handled and remit with said reports related sums of money to which the Department of Revenue is entitled; however, all tag reports of tag applications handled and related sums of money to which the Department of Revenue is entitled must be submitted to the Commissioner within fourteen (14) calendar days from the close of the business week during which the aforementioned tag applications were handled and related sums of money received. The term `business week' shall mean Monday through Friday (or Saturday if applicable).
(1) Said funds received as a result of the handling of tag applications shall be considered trust funds in the hands of such tag agents until such time as paid over to the Commissioner.
(2) Failure to submit the reports or remit the funds within the fourteen (14) day period as required by this Act shall result in the penalties imposed by Code Section 91A-239.1.
(3) Before the expiration of the time period within which a tag report is required to be filed with the Commissioner or related funds remitted to the Commissioner, application may be made to the Commissioner who shall be authorized, upon a showing of justifiable cause, to grant up to a thirty (30) day extension from the deadline provided for the performance of the above duties. Only one such extension may be granted with regard to any reports or funds due the Commissioner for a specific business week.
(4) Irrespective of any deadline stated in paragraph (2) of subsection (d) of Section (3) of this Act, for the months of March and April the deadline for submitting tag reports and related sums of money to the Commissioner shall be thirty (30) days from the close of the business week during said months. There shall be no extension granted from said thirty (30) day deadline for business weeks which close in March and April.

GEORGIA LAWS 1980 SESSION

1053

(5) Proof of mailing within the appropriate time periods provided for in this section, as evidenced by a United States Post Office Postmark, shall be prima facie proof that the county tag agent has complied in a timely manner with the duties enumerated by this Act."
Section 3. This Act shall become effective on July 1, 1980.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 25, 1980.

GEORGIA STATE BOARD OF PHYSICAL THERAPY ACT AMENDED.
No. 1106 (Senate Bill No. 536).
AN ACT
To amend an Act creating the Georgia State Board of Physical Therapy, approved March 27, 1972 (Ga. Laws 1972, p. 388), as amended, so as to change certain definitions; to add a consumer member and provide for terms, qualifications, and voting; to change the method of appointment of members; to change quorum requirements; to change certain compensation and expense allowances; to continue the board and the laws relating thereto but to provide for later termination of the board and the laws relating thereto; to provide for license renewals; to provide for biennial licenses; to provide for continuing education; to provide for fee refunds; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Georgia State Board of Physical Therapy, approved March 27, 1972 (Ga. Laws 1972, p. 388), as amended, is hereby amended by striking in their entirety subsections

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(f), (g), and (h) of Section 3 and inserting in lieu thereof the following subsections (f), (g), (h), and (i) to read as follows:
"(f) `Physical therapist' means a person licensed to practice physical therapy as defined in this Act, and whose license is in good standing;
(g) `Physical therapy' means the examination, treatment, and instruction of human beings to detect, assess, prevent, correct, alleviate, and limit physical disability, bodily malfunction and pain from injury, disease, and any other bodily and mental conditions and includes the administration, interpretation and evaluation of tests and measurements of bodily functions and structures; the planning, administration, evaluation, and modification of treatment and instruction, including the use of physical measures, activities, and devices, for preventative and therapeutic purposes; and the provision of consultative, educational, and other advisory services for the purpose of reducing the incidence and severity of physical disability, bodily malfunction and pain;
(h) `Physical therapist assistant' or `physical therapy assistant' means a person licensed by the board to assist a physical therapist, whose activities are supervised and directed by a physical therapist, and whose license is in good standing; and
(i) `Physical therapy aide' means a person who aids in the providing of physical therapy services, is supervised and directed on the premises at all times by a licensee under this Act, and whose activities do not require technical training through a formal course of study."
Section 2. Said Act is further amended by striking in their entirety Sections 5 and 6 thereof, which read as follows:
"Section 5. Members of Board; Appointment; Terms, Oath, Removal; Vacancies.aMlhe Board shall consist of five (5) members, each of whom shall be appointed by the Governor, approved by the Secretary of State and confirmed by the Senate for a term of three (3) years. Each member shall serve until his resignation, removal or respective term expires, and, in the latter case, until his successor is appointed. All appointments may be made from a list of at least three persons submitted to the Governor by the Georgia Chapter of

GEORGIA LAWS 1980 SESSION

1055

the American Physical Therapy Association. Appointees to the Board shall immediately after their appointment take and subscribe to a written oath or affirmation required by law for public officers. The Governor, after notice and opportunity for hearing, may remove any member of the Board for neglect of duty, incompetence, revocation or suspension of his license or other dishonorable conduct. After such removal, or vacancy due to other reasons, the Governor shall appoint a successor to serve the unexpired term.
Section 6. Members of Board; Qualifications.--To be eligible for appointment to the Board, a person must:
(a) Be a licensee under the provisions of this Act; and
(b) Be a citizen of the United States and a resident of the State of Georgia; and
(c) Have practiced or taught physical therapy for at least five (5) years.",
and inserting in lieu thereof the following:
"Section 5. Members of board; appointment; terms, oath, removal; vacancies; termination, (a) The board shall consist of six members, as provided in Section 6, each of whom shall be appointed by the Governor, approved by the Secretary of State and confirmed by the Senate for a term of three years and until a successor is appointed and qualified. Vacancies on the board shall be filled by the Governor's appointment of a successor to serve out the unexpired term. The Governor, after notice and opportunity for hearing, may remove any member of the board for neglect of duty, incompetence, revocation or suspension of license of those licensee members, or other dishonorable conduct.
(b) Pursuant to Section 9 of `The Act Providing for the Review, Continuation, Reestablishment or Termination of Regulatory Agencies,' approved March 24, 1977 (Ga. Laws 1977, p. 961), as now or hereafter amended, the Georgia State Board of Physical Therapy and the laws relating thereto are hereby continued until July 1, 1986, at which time the board shall be terminated. Upon its termination, the board shall continue in existence until July 1 of the next succeeding year for the purpose of concluding its affairs and activi-

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GENERAL ACTS AND RESOLUTIONS, VOL. I

ties. During that termination period, the powers or authority of the board shall not be reduced or otherwise limited. The laws relative to the board shall be continued in effect for the duration of the termination period only for the purpose of concluding its affairs. As of the last day of the termination period, the laws relative to the board shall stand repealed in their entirety. During the termination period, the board shall not issue any new licenses nor renew any licenses nor collect any license fees which were not due and payable prior to the date of termination of the board.
Section 6. Members of board; qualifications. To be eligible for appointment to the board, a person must be a citizen of the United States and a resident of the State of Georgia. Five members of the board shall be licensees under this Act who have practiced or taught physical therapy for at least five years. The licensee members of the board serving as such immediately prior to the effective date of this section shall serve out their terms of office. One member of the board shall be a consumer member who is not a licensee under this Act. The initial term of the consumer member shall begin July 1, 1980, and end June 31, 1983, upon the appointment and qualification of a successor."
Section 3. Said Act is further amended by striking from Section 7 thereof the following:
``A majority (3)",
and inserting in lieu thereof the following:
"A majority (four)",
and by adding before the period at the end of said section the following:
provided, however, that members of the board shall not receive compensation for business conducted in conference by telephone",
so that when so amended said Section 7 shall read as follows:
"Section 7. Members of board; quorum; business by telephone. A majority (four) of the board members shall constitute a quorum

GEORGIA LAWS 1980 SESSION

1057

for all board business and, with the exception of hearings in contested cases, may conduct business in conference by telephone; provided, however, that members of the board shall not receive compensation for business conducted in conference by telephone."
Section 4. Said Act is further amended by striking in its entirety Section 8 thereof, which reads as follows:
"Section 8. Members of Board; Compensation.--The members of the Board shall receive $25.00 for each day, or part thereof, in the performance of their official duties, in addition to other expenses which are provided by law.",
and inserting in lieu thereof the following:
"Section 8. Members of board; compensation. Each member of the board shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member of the board is in attendance of official duties of such board, plus either reimbursement for actual transportation costs while traveling by public carrier or the same mileage allowance for use of a personal car in connection with such attendance as members of the General Assembly receive. Such expense and travel allowance shall be paid in lieu of any per diem, allowance, or other remuneration now received by any such member for such attendance."
Section 5. Said Act is further amended by adding before the period at the end of the second paragraph of subsection (b) of Section 15 thereof the following:
"; provided, a temporary license may not be renewed for more than three times",
so that when so amended said second paragraph shall read as follows:
"A temporary license issued under this section shall expire after six months and be subject to renewal only upon good and exceptional cause shown; provided, a temporary license may not be renewed for more than three times."
34

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GENERAL ACTS AND RESOLUTIONS, VOL. I

Section 6. Said Act is further amended by striking from the first sentence of Section 18 the following:
"annually",
and inserting in lieu thereof the following:
"biennially",
and by striking from the second sentence thereof the following:
"annual",
and inserting in lieu thereof the following:
"biennial",
and by adding at the end of Section 18 thereof the following:
"The board shall be authorized to provide for continuing education requirements which must be met in order to renew any license issued under this Act.",
so that when so amended said Section 18 shall read as follows:
"Section 18. Expiration, renewal and restoration of licenses. All licenses expire biennially at such times as may be designated by the board. All applications for renewal of a license shall be filed with the joint secretary prior to the expiration date, accompanied by the biennial renewal fee prescribed by the board. A license which has expired for failure to renew may only be restored within two years from the date of expiration, after application and payment of the prescribed restoration fee. Any license which has not been restored within two years following its expiration may not be renewed, restored or reissued thereafter. The holder of such a canceled license may apply for and obtain a valid license only upon compliance with all relevant requirements for issuance of a new license. The board shall be authorized to provide for continuing education requirements which must be met in order to renew any license issued under this Act."

GEORGIA LAWS 1980 SESSION

1059

Section 7. Said Act is further amended by adding at the end of Section 19 thereof the following:
"Fee refunds may be made for good cause, as shall be determined by the board.",
so that when so amended said Section 19 shall read as follows:
"Section 19. Fees. The board is empowered to establish and charge reasonable fees for the administration of examinations, issuance of all licenses, and supplying information to applicants, licensees, and the general public. Such fees shall be commensurate with the cost of fulfilling the duties of the board as defined by this Act. Fee refunds may be made for good cause, as shall be determined by the board."
Section 8. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 25, 1980.

UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS AMENDED - DUTY UPON STRIKING UNATTENDED VEHICLE.
No. 1108 (Senate Bill No. 538).
AN ACT
To amend an Act known as the "Uniform Act Regulating Traffic on Highways," approved January 11, 1954 (Ga. Laws 1954, Nov.Dec. Sess., p. 556), as amended, so as to provide a penalty for failure to comply with a certain provision relating to striking unattended vehicles; to repeal conflicting laws; and for other purposes.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

Be it enacted by the General Assembly of Georgia:
Section 1. An Act known as the "Uniform Act Regulating Traffic on Highways," approved January 11, 1954 (Ga. Laws 1954, Nov.-Dee. Sess., p. 556), as amended, is hereby amended by designating the current language of Section 43 of said Act as subsection (a) and by adding at the end of said section the following:
"(b) Any person who fails to comply with the requirements of subsection (a) shall be guilty of a misdemeanor and upon conviction shall be punished as for a misdemeanor.",
so that when so amended Section 43 of said Act shall read as follows:
"Section 43. Duty upon striking unattended vehicle, (a) The driver of any vehicle which collides with any vehicle which is unattended shall immediately stop and shall then and there either locate and notify the operator or owner of such vehicle of the name and address of the driver and owner of the vehicle striking the unattended vehicle or shall leave in a conspicuous place in the vehicle struck a written notice giving the name and address of the driver and of the owner of the vehicle doing the striking.
(b) Any person who fails to comply with the requirements of subsection (a) shall be guilty of a misdemeanor and upon conviction shall be punished as for a misdemeanor."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 25, 1980.

GEORGIA LAWS 1980 SESSION

1061

STATE BOARD OF REGISTRATION FOR PROFESSIONAL SOIL CLASSIFIERS^ TERMINATION DATE.
No. 1110 (Senate Bill No. 566).
AN ACT
To amend an Act making provision for the regulation of professional soil classifying, approved April 7, 1976 (Ga. Laws 1976, p. 1654), so as to continue the State Board of Registration for Professional Soil Classifiers and the laws relating thereto until July 1, 1981; to provide for the termination of such hoard and the repeal of the laws relating thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act making provision for the regulation of professional soil classifying, approved April 7, 1976 (Ga. Laws 1976, p. 1654), is hereby amended by designating the existing text of Section 2 as subsection (a) and adding a new subsection (b) to read as follows:
"(b) Pursuant to Section 9 of `The Act Providing for the Review, Continuation, Reestablishment or Termination of Regulatory Agencies,' approved March 24, 1977 (Ga. Laws 1977, p. 961), as now or hereafter amended, the State Board of Registration for Professional Soil Classifiers and the laws relating thereto are hereby continued until July 1, 1981, at which time the board shall be terminated. Upon its termination, the board shall continue in existence until July 1 of the next succeeding year for the purpose of concluding its affairs and activities. During that termination period, the powers or authority of the board shall not be reduced or otherwise limited. The laws relative to the board shall be continued in effect for the duration of the termination period only for the purpose of concluding its affairs. As of the last day of the termination period, the laws relative to the board shall stand repealed in their entirety. During the termination period, the board shall not issue any new licenses nor renew any licenses nor collect any license fees which were not due and payable prior to the date of termination of the board."

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GENERAL ACTS AND RESOLUTIONS, VOL. I

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 25, 1980.

CRIMES - REMOVAL OF IDENTIFYING MARKS, ETC. FROM ANIMALS.
Code Chapter 26-28 Amended.
No. 1112 (Senate Bill No. 577).
AN ACT
To amend Code Chapter 26-28, relating to malicious mischief offenses, as amended, so as to make it unlawful for any person, without the express permission of the owner or lessee of an animal, to remove a collar, tag, tattoo, or any identification mark artificially attached to or imprinted on an animal for the purposes of identification which causes or is likely to cause the loss of such animal to the owner thereof; to provide a penalty; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Chapter 26-28, relating to malicious mischief offenses, as amended, is hereby amended by adding between Code Sections 26-2802 and 26-2803 a new Code section, to be designated Code Section 26-2802.1, to read as follows:
"26-2802.1. Removal of collars or identifying items or marks. It shall be unlawful for any person, without the express permission of the owner or lessee of an animal, to remove a collar, tag, tattoo, or any identification mark artificially attached to or imprinted on

GEORGIA LAWS 1980 SESSION

1063

an animal for the purposes of identification which causes or is likely to cause the loss of such animal to the owner thereof. Any person violating the provisions of this Code section shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 25, 1980.

INSURANCE CODE AMENDED - FILING OF RATES, ETC.
Code Section 56-222.1 Amended.
No. 1114 (Senate Bill No. 595).
AN ACT
To amend Code Section 56-522.1, relating to the filing by insurers of rates, rating plans, rating systems, and underwriting rules, as amended, so as to provide that workers' compensation insurers must file their rates, rating plans, rating systems, underwriting rules, and policy or bond forms used or proposed to be used by them; to provide that the Insurance Commissioner may, without complying with the rule-making procedures of this Code Title or the provisions of the "Georgia Administrative Procedure Act," require any domestic, foreign, or alien insurer to file required rates, rating plans, rating systems, underwriting rules, and policy or bond forms used, or in the case of a workers' compensation insurer used or filed for approval, by it, independent of any filing made on its behalf or as a member of a licensed rating organization if the Insurance Commissioner determines that such an independent filing is necessary to ensure compliance with Code Chapter 56-5 and Code Section 114609 and in the best interests of the citizens of this State; to provide for legislative intent; to provide for construction; to provide an effective date; to repeal conflicting laws; and for other purposes.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 56-522.1, relating to the filing by insurers of rates, rating plans, rating systems, and underwriting rules, as amended, is hereby amended by striking Code Section 56-522.1, which reads as follows:
"56-522.1. Filing of Rates, Rating Plans, Rating Systems, Underwriting Rules. Every insurer shall maintain with the Commissioner copies of the rates, rating plans, rating systems, underwriting rules, policy or bond forms used by it. The maintenance of rates, rating plans, rating systems, underwriting rules and policy or bond forms with the Commissioner by a licensed rating organization of which an insurer is a member or subscriber will be sufficient compliance with this Section for any insurer maintaining membership or subscriberships in such organization, to the extent that the insurer uses the rates, rating plans, rating systems, underwriting rules, policy or bond forms of such organization. Provided, however, the Commissioner may require any domestic, foreign, and alien insurer to file the required rates, rating plans, rating systems, underwriting rules, policy or bond forms used by it, independent of any filing made on its behalf or as a member of a licensed rating organization, as he shall deem to be in the best interests of the citizens of this State.",
in its entirety and substituting in lieu thereof a new Code Section 56-522.1 to read as follows:
"56-522.1. Filing of Rates, Rating Plans, Rating Systems, Underwriting Rules. Every insurer shall maintain with the Commissioner copies of the rates, rating plans, rating systems, underwriting rules, policy or bond forms used, or in the case of a workers' compensation insurer used or filed for approval, by it. The maintenance of rates, rating plans, rating systems, underwriting rules and policy or bond forms with the Commissioner by a licensed rating organization of which an insurer is a member or subscriber will be sufficient compliance with this Section for any insurer maintaining membership or subscriberships in such organization, to the extent that the insurer uses, or in the case of a workers' compensation insurer uses or proposes to use, the rates, rating plans, rating systems, underwriting rules, policy or bond forms of such organization. Provided, however, the Commissioner may, without compliance with the rule-

GEORGIA LAWS 1980 SESSION

1065

making procedures of this Code Title or the provisions of the `Georgia Administrative Procedure Act,' approved March 10, 1964 (Ga. Laws 1964, p. 338), as now or hereafter amended, require any domestic, foreign, and alien insurer to file the required rates, rating plans, rating systems, underwriting rules, policy or bond forms used, or in the case of workers' compensation insurer used or filed for approval, by it, independent of any filing made on its behalf or as a member of a licensed rating organization, as he shall deem to be necessary to insure compliance with the standards of Code Chapter 56-5 and Code Section 114-609 and in the best interests of the citizens of this State."
Section 2. Nothing contained in this Act is intended to limit or repeal any power or authority elsewhere granted the Insurance Commissioner nor shall any grant of authority or power contained herein be read to imply that such grant of authority or power was not conferred by preexisting law.
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 25, 1980.

ATTACHMENT -- JUDICIAL SUPERVISION, ETC.
Code Title 8 Amended.
No. 1118 (Senate Bill No. 298).
AN ACT
To amend Code Title 8, relating to attachment, as amended, so as to provide for judicial supervision and for approval of certain affidavits; to provide for certain affidavits, their contents and how

1066

GENERAL ACTS AND RESOLUTIONS, VOL. I

and before whom made; to provide for certain determinations regarding the contents of certain affidavits; to provide for the promulgation of certain rules; to provide for notice to defendants, what shall constitute written notice, when notice shall be served, the methods whereby such notice may be served and the certification thereof; to provide that such methods shall be cumulative; to provide for post seizure hearing and procedure therefor; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Title 8, relating to attachment, as amended, is hereby amended by striking in its entirety Code Section 8-109 relating to attachment and inserting in lieu thereof the following:
"8-109. Affidavit; necessity and contents; judicial supervision.
(a) When the plaintiff contends one or more of the grounds set forth in Section 8-101 exists, prior to obtaining judgment against the defendant, the plaintiff may make application to a judge of any court of record, other than the probate court, in the county of the residence of the defendant, if known, and if not known, in the county wherein the property sought to be attached is located, for another authorizing issuance of writ of attachment. Such application shall be made in writing, under oath, and shall set forth the specific facts that show the existence of one or more of such grounds, the basis and nature of the claim and the amount of indebtedness claimed therein by the plaintiff.
(b) Upon presentation of plaintiff's sworn application for a writ of attachment, it shall be the duty of the judge to inquire into the facts alleged, going beyond mere conclusory allegations and clearly setting forth the facts entitling the creditor to a writ of attachment as set forth in Section 8-101, and upon consideration of said inquiry, said judge shall have the discretion to grant or deny the issuance of a writ of attachment. Any order by a judge granting the issuance of a writ of attachment shall be subject to approval of a bond by the Clerk of the Court, pursuant to Code Section 8-111, prior to filing of said writ of attachment."
Section 2. Said Code Title is further amended by striking Code Section 8-111 in its entirety and inserting in lieu thereof the following:

GEORGIA LAWS 1980 SESSION

1067

"8-111. Plaintiff to give bond as security. No writ of attachment shall issue unless accompanied by a bond with good security, conditioned to pay the defendant all costs and damages that he may sustain in consequence of suing out said writ of attachment in the event that the amount claimed to be due was not due, or that no lawful ground for issuance of such attachment existed, or that the property sought to be attached was not subject to attachment. Such bond shall be in a sum equal to twice the amount claimed due in the plaintiff's application. The bond shall be presented to the clerk of the court where the application provided for in this Chapter is sought to be filed for approval by such clerk prior to filing of the writ of attachment."
Section 3. Said Code Title is further amended by striking Code Section 8-113 in its entirety and inserting in lieu thereof the following:
"8-113. Sufficiency of bond, how contested. When any attachment shall be issued and levied upon the property of the defendant, the defendant, his agent or attorney may file his affidavit that he has a good defense to the action, and that the bond given in such attachment is not a good bond, and the ground of its insufficiency; and when such affidavit is made and delivered to such levying officer, such officer shall return such attachment, together with the affidavit, forthwith to the judge issuing same, and the judge issuing the attachment shall without delay hear testimony as to the sufficiency of said bond, and may in his discretion require additional security or a new bond to be given within the time prescribed by the judge, and in default thereof the judge shall dismiss the levy made under such attachment: Provided, however, that in all cases where an attachment shall be issued for an amount greater than one-half the amount of the penal sum named in the bond, and shall be levied on the property of the defendant, the defendant by himself, his agent or attorney may file his affidavit, that he has good defense to the action and that the bond given in such attachment is not sufficient in amount, or is not a good bond, and the ground of its insufficiency; and when such affidavit is made and delivered to the levying officer, he shall return such attachment, together with the affidavit, to the judge of the court of record in which attachment issued, who shall, as soon as practicable, and on such notice to the plaintiff, his agent or attorney as he may prescribe, hear testimony as to the amount or the sufficiency of the bond, and in his discretion may

1068

GENERAL ACTS AND RESOLUTIONS, VOL. I

require additional security or a new bond to be given within the time prescribed by him, and in default thereof the judge shall dismiss the levy made under such attachment: Provided, further, that in all cases where the levying officer has returned the affidavit into the court where the same is returnable, the affidavit hereinbefore referred to shall be by the levying officer returned into said court, and the judge of said court shall without delay hear testimony as to the sufficiency of said bond, and may in his discretion require additional security or a new bond to be given within such time as he may prescribe; and in default of such additional security or new bond, shall dismiss said levy, and order the return of the property to the party entitled thereto."
Section 4. Code Title 8 is further amended by striking Code Section 8-114 in its entirety and inserting in lieu thereof the following:
"8-114. Notice to defendant.
(a) The defendant shall be given notice of the attachment issued against his property by any one of the following methods:
(1) The plaintiff, at the time the attachment is filed with the clerk, shall commence procedures to effectuate the service of a copy of the writ of attachment on the defendant, and service thereafter shall be made on the defendant as soon as is reasonably practicable. Service pursuant to this Paragraph shall be made pursuant to Section 81 A-104.
(2) The plaintiff, after issuance of the writ of attachment and not more than three business days after levy upon the property of the defendant, shall cause a written notice to be sent to the defendant at defendant's last known address by registered or certified mail, return receipt requested. Either the return receipt indicating receipt by the defendant or the envelope bearing the official notification from the United States Postal Service of the defendant's refusal to accept delivery or failure to claim such registered or certified mail shall be filed with the clerk of the court in which the attachment is pending. The defendant's refusal to accept or failure to claim such certified or registered mail addressed to defendant shall be deemed notice to defendant.

GEORGIA LAWS 1980 SESSION

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(3) The plaintiff, after the issuance of the writ of attachment and not more than three business days after levy upon the property of the defendant, shall cause a written notice to be delivered personally to the defendant by the plaintiff or by plaintiff's attorney-at-law or other agent. A certification by the person making such delivery shall be filed with the clerk.
(4) When the defendant resides out of the State of has departed the State of cannot, after due diligence, be found within the State or conceals his place of residence from the plaintiff, and the fact shall appear, by affidavit, to the satisfaction of the judge or clerk of the court, the levy and attachment shall constitute sufficient notice to the defendant: Provided, such levy and attachment without more shall constitute sufficient notice, unless the plaintiff has actual knowledge of the defendant's address, in which case, to provide sufficient notice the plaintiff shall also mail a written notice of attachment to the defendant at said address, or, not having such actual knowledge of the defendant's address but the address at which the defendant was last known to reside, to provide sufficient notice the plaintiff shall also mail a written notice of attachment to the defendant at said address.
A mailing of the written notice provided herein shall be made after the issuance of the writ of attachment and not more than three business days after levy upon the property of the defendant, and a certificate of such mailing shall be filed with the clerk by the person mailing such notice.
(5) Where it shall appear by affidavit that a defendant in the attachment action is not a resident of this State or has departed from this State, or, after due diligence cannot be found in this State or that the defendant conceals his place of residence from the plaintiff, notice may be given by causing two publications of the written notice in the paper in which advertisements are printed by the sheriff in each county in which a writ of attachment is served. Such publications must be at least six days apart and the second such publication must be made not more than 21 days after levy upon the property of the defendant. A certification by the person causing the notice to be published shall be filed with the clerk: Provided, such publication above shall constitute sufficient notice alone, unless the plaintiff has

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GENERAL ACTS AND RESOLUTIONS, VOL. I

actual knowledge of the defendant's address in which case, to provide sufficient notice, the plaintiff shall also mail a written notice of attachment to the defendant at said address.
A mailing of the written notice provided herein shall be made after the issuance of the writ of attachment and not more than three business days after levy upon the property of the defendant and a certificate of such mailing shall be filed with the clerk by the person mailing such notice.
(6) Where the defendant's address is known, the plaintiff, after issuance of the attachment and not more than three business days after levy upon the property of the defendant, shall send to the defendant at such known address by ordinary mail a written notice of said attachment. A certification by the person mailing such notice shall be filed with the clerk.
(7) The receiving by the defendant of actual timely notice of the attachment and levy shall constitute notice.
(b) `Written notice' as referred to in subsection (2), (3), (4), (5) and (6) of Section 8-114 (a) shall consist of a copy of the affidavit and bond for attachment or of a document which includes the names of the plaintiff and the defendant, the amount claimed in the affidavit for attachment and the court wherein said proceeding is filed.
(c) The methods of notification specified in Section 8-114(a) are cumulative and may be used in any sequence or combination. Where it appears that a plaintiff has reasonably, diligently and in good faith attempted to use one method, another method thereafter may be utilized and, for the time during which such attempt was being made, the time limit shall be tolled for such subsequent method."
Section 5. Said Code Title is further amended by adding Code Section 8-114.1 as follows:
"8-114.1. Defendant's right to post seizure hearing. When writ of attachment shall issue against the property of the defendant, such defendant may at any time traverse the plaintiff's affidavit upon which such attachment was obtained, stating that the same is

GEORGIA LAWS 1980 SESSION

1071

untrue or legally insufficient. Upon filing of such traverse, the court shall issue a show cause order to the plaintiff requiring him to appear at a time certain, not to be more than ten days from the filing of the traverse, to prove the grounds for the issuance of the attachment. If the plaintiff shall fail to carry the burden of proof, the order authorizing the attachment shall be revoked."

Section 6. Code Title 8 is further amended by striking Code Section 8-117 in its entirety and inserting in lieu thereof the following:

"8-117. Where attachments returnable, general rules of practice and procedure applicable in certain cases. Attachments shall be returnable to the court of record wherein filed pursuant to Code Section 8-109(a), and shall be governed by the same rules of procedure and practice governing all civil actions as now or as may hereafter be provided for by law, as respects appearance day, trial term, judgment pursuant to default, and any and all other rules relating to procedure and practice. The plaintiff shall file his declaration in attachment within fifteen (15) days after the levy of such attachment, and such declaration shall thereafter be governed by the same rules governing ordinary civil actions as above provided. Notice of said declaration shall be given pursuant to Code Section 8-114 as amended."

Section 7. Code Title 8 is further amended by striking Code Section 8-119 in its entirety and inserting in lieu thereof the following:

"8-119. Forms of affidavit, bond and attachment and order. In all cases of attachment, the form of the affidavit, bond and attachment and order authorizing the issuance thereof may be as follows:

Affidavit

Georgia,

County:

Personally appeared oath says that he is attorney-at-law for
is indebted to said plaintiff in the sum of $

who on and that

1072 GENERAL ACTS AND RESOLUTIONS, VOL. I

and that said defendant

Sworn to and subscribed

before me this

day of

, 19_

Affiant

Judge

Bond

Georgia,

County

We,

principal, and

security,

jointly and severally acknowledge ourselves bound unto the fore-

going defendant in the sum of $

Dollars, subject to the following conditions:

The said principal is seeking Attachment against the said de-

fendant which is not about to be sued out in the

Court of

County.

Now, if the said plaintiff shall pay all damages that the defendant may sustain, and also all costs that may be incurred by him in consequence of suing out such Attachment, in the event that the said plaintiff shall fail to recover in said case, then this bond to be void.

Witnessed and approved

this

, 19

(SEAL)

Deputy Clerk

(SEAL)

GEORGIA LAWS 1980 SESSION

Gourtof

County.

1073

Attachment

Georgia,

County

To the Marshal of said Court or his Lawful Deputies, to all and singular the Sheriffs or their Lawful Deputies, and all Lawful Constables of said State.

You are commanded to seize so much of the property of the fore-

going defendant as will make the sum of $

Dollars

and all costs, and to serve such summon of Garnishment as may be

placed in your hands, and that you make return of this Attachment

with your actings entered thereon to the

Term, 19

of the

Court of

County,

to which Court this Attachment is hereby made returnable.

This

day of

, 19

Court of

(SEAL) County

Order

Court of

.County

State of Georgia

, Civil Action

Plaintiff

File No.

VS.

Defendant

1074

GENERAL ACTS AND RESOLUTIONS, VOL. I

ORDER

Upon application of the plaintiff for a writ of attachment, and having considered the affidavit with bond attached, and inquiring into grounds and circumstances herein, it is the determination of this Court that the plaintiff is (or is not) entitled to a writ of attachment, and it is

ORDERED that a writ of attachment issue upon the property of the defendant (or that a writ of attachment be denied).

This

day of

, 19

.

Judge,

Court of

County

Section 8. Code Title 8 is further amended by striking Code Section 8-210 in its entirety and inserting in lieu thereof the following:

"8-210. Property in a different county, how levied upon. When the plaintiff in attachment wishes to levy his attachment upon property in a different county from that in which the same is returnable, it shall be the duty of the judge issuing such attachment, upon the request of the plaintiff, his agent or attorney-at-law, to make out a copy or copies of the original attachment, bond and affidavit, and certify the same officially to be true copy or copies; and upon such copies being delivered to any officer to whom the same is directed, of the county where the property of the defendant is, it shall be the duty of such officer to levy, forthwith, the same upon the property of the defendant in such county, and to return the same, with his actings and doings entered thereon to the court to which the original attachment is returnable."

Section 9. Code Title 8 is further amended by repealing Chapter 3 of Title 8 of the Georgia Code in its entirety.

Section 10. Code Title 8 is further amended by repealing Chapter 4 of Title 8 of the Georgia Code in its entirety.

Section 11. Code Title 8 is further amended by repealing Chapter 5 of Title 8 of the Georgia Code in its entirety.

GEORGIA LAWS 1980 SESSION

1075

Section 12. Code Title 8 is further amended by repealing Chapter 6 of Title 8 in its entirety and inserting in lieu thereof the following:
"Chapter 8-6. Pleading, Defenses and Procedures in Attachment.
8-601. Pleading, defenses and procedures in attachment. All pleadings, defenses and procedures subsequent to the filing of the declaration in attachment shall be governed by the `Georgia Civil Practice Act', Code Section 81 A-101 et seq., as amended."
Section 13. Code Title 8 is further amended by repealing Chapter 9 of Title 8 of the Georgia Code in its entirety.
Section 14. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 15. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 25, 1980.

STATE BOARD FOR THE CERTIFICATION OF LIBRARIANS - ADDITIONAL MEMBER.
No. 1119 (Senate Bill No. 370).
AN ACT
To amend an Act establishing a State Board for the Certification of Librarians, approved March 31, 1937 (Ga. Laws 1937, p. 245), as amended, particularly by an Act approved March 14, 1978 (Ga. Laws 1978, p. 918), so as to provide for the appointment and qualification of an additional member to the Board; to provide procedures connected with the foregoing; to repeal conflicting laws; and for other purposes.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

Be it enacted by the General Assembly of Georgia:
Section 1. An Act establishing a State Board for the Certification of Librarians, approved March 31, 1937 (Ga. Laws 1937, p. 245), as amended, particularly by an Act approved March 14, 1978 (Ga. Laws 1978, p. 918), is hereby amended by adding at the end of Section 1, relating to the composition of the Board, a new Section 1A to read as follows:
"Section 1A. Effective July 1, 1980, the State Board for the Certification of Librarians shall, in addition to the members provided for above, consist of a sixth member who shall be appointed by the Governor from the public at large and shall have no connection whatsoever to the library profession. The initial term for the additional member provided for by this Section shall expire December 31, 1984, and, thereafter, the Governor shall appoint successors for a term of five years."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 25, 1980.

FINANCIAL INSTITUTIONS CODE OF GEORGIA AMENDED -- CHANGE IN CONTROL OF FINANCIAL
INSTITUTION.
Code Title 41A Amended.
No. 1120 (Senate Bill No. 380).
AN ACT
To amend Code Title 41 A, known as the Financial Institutions Code of Georgia, as amended, so as to provide that it shall be unlawful for a person, acting directly or indirectly or through or in concert with one or more other persons, to acquire control of any

GEORGIA LAWS 1980 SESSION

1077

financial institution except under certain conditions; to provide for acquisition of control; to provide for prior notice; to provide for approval by the department; to provide for the contents of the notice required to be filed in connection with the proposed acquisition of a financial institution; to provide that the department may disapprove any proposed acquisition if certain conditions exist; to define certain terms; to provide for other matters relative to the foregoing; to provide for inapplicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Title 41 A, known as the Financial Institutions Code of Georgia, as amended, is hereby amended by adding a new Code Chapter 41 A-10 to read as follows:
"CHAPTER 41 A-10 Change in Control of Financial Institutions
41A-1001. Unlawful control. It shall be unlawful for a person, acting directly or indirectly or through concert with one or more persons, to acquire control of any financial institution through a purchase, assignment, pledge or other disposition of voting stock of such institution except with the approval of the Department of Banking and Finance (hereinafter referred to as `department') or as otherwise permitted by this chapter.
41A-1002. Acquisition of control; notice; approval of department. (a) The department shall be given at least 60 days' prior written notice of any such proposed acquisition. If the department does not issue a notice disapproving the proposed acquisition within that time or extend the period during which a disapproval may issue for another 30 days, the proposed acquisition shall stand approved. The period for disapproval may be further extended only if the department determines that any acquiring party has not furnished all the information required under Code Section 41 A-1003 or that in its judgment any material information submitted is substantially inaccurate. An acquisition may be made prior to expiration of the disapproval period if the department issues written notice of its intent not to disapprove the action. For purposes of this Code section, the term `financial institution' shall include any `bank holding company,' as that term is defined in Code Section 13-207.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(b) Within three days after its decision to disapprove any proposed acquisition, the department shall notify the acquiring party in writing of the disapproval. Such notice shall provide a statement of the basis for the disapproval.
(c) Within ten days of receipt of such notice of disapproval, the acquiring party may request a hearing on the proposed acquisition. At the conclusion thereof, the department shall by order approve or disapprove the proposed acquisition on the basis of the record made at such hearing.
(d) Any person whose proposed acquisition is disapproved after agency hearings under this Code section may obtain review in accordance with the provisions of Code Section 41A-401.
41A-1003. Contents of notice. Except as otherwise provided by regulation of the department, a notice filed pursuant to Code Section 41 A-1002 shall contain the following information:
(1) The identity, personal history, business background and experience of each person by whom or on whose behalf the acquisition is to be made, including his material business activities and affiliations during the past five years, and a description of any material pending legal or administrative proceedings in which he is a party and any criminal indictment or conviction of such person by a state and federal court.
(2) A statement of the assets and liabilities of each person by whom or on whose behalf the acquisition is to be made, as of the end of the fiscal year for each of the five fiscal years immediately preceding the date of the notice, together with related statements of income and source and application of funds for each of the fiscal years then concluded, all prepared in accordance with generally accepted accounting principles consistently applied, and an interim statement of the assets and liabilities for each such person, together with related statements of income and source and application of funds, as of a date not more than 90 days prior to the date of the filing of the notice.
(3) The terms and conditions of the proposed acquisition and the manner in which the acquisition is to be made.

GEORGIA LAWS 1980 SESSION

1079

(4) The identity, source and amount of the funds or other considerations used or to be used in making the acquisition, and, if any part of these funds or other considerations has been or is to be borrowed or otherwise obtained for the purpose of making the acquisition, a description of the transaction, the names of the parties, and any arrangements, agreements, or understandings with such persons.
(5) Any plans or proposals which any acquiring party making the acquisition may have to liquidate the bank, to sell its assets or merge it with any company, or to make any other major change in its business or corporate structure or management.
(6) The identification of any person employed, retained, or to be compensated by the acquiring party, or by any person on his behalf, to make solicitations or recommendations to stockholders for the purpose of assisting in the acquisition, and a brief description of the terms of such employment, retainer, or arrangement for compensation.
(7) Copies of all invitations or tenders or advertisements making a tender offer to stockholders for purchase of their stock to be used in connection with the proposed acquisition.
(8) Any additional relevant information in such forms as the department may require by regulation or by specific request in connection with any particular notice.
41A-1004. Disapproval by department; reasons. The department may disapprove any proposed acquisition if:
(1) the proposed acquisition of control would result in a monopoly or would be in furtherance of any combination or conspiracy to monopolize or attempt to monopolize the business of banking in any part of this state;
(2) the effect of the proposed acquisition of control in any section of this state may be substantially to lessen competition or to tend to create a monopoly or the proposed acquisition of control would in any other manner be in restraint of trade, and the anticompetitive effects of the proposed acquisition of control are

1080

GENERAL ACTS AND RESOLUTIONS, VOL. I

not clearly outweighed in the public interest by the probable effect of the transaction in meeting the convenience and needs of the community to be served;
(3) the financial condition of any acquiring person is such as might jeopardize the financial stability of the bank or prejudice the interests of the depositors of the bank;
(4) the competence, experience, or integrity of any acquiring person or of any of the proposed management personnel indicates that it would not be in the interest of the depositors of the bank or in the interest of the public to permit such person to control the bank; or
(5) any acquiring person neglects, fails, or refuses to furnish the department all the information required by it.
41A-1005. Definitions. As used in this chapter:
(1) `Person' means an individual or a corporation, partnership, trust, association, joint venture, pool, syndicate, sole proprietorship, unincorporated organization, or any other form of entity not specifically listed herein; and
(2) `Control' means the power directly or indirectly, to direct the management or policies of a financial institution or to vote 25 percent or more of any class of voting securities of a financial institution.
41 A-1006. Inapplicability. This chapter shall not apply to a transaction subject to Code Section 13-207, relating to bank holding companies, as the same exists or may hereafter be amended."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

GEORGIA LAWS 1980 SESSION

1081

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 25, 1980.

BANKS AND BANKING - UNLAWFUL ACQUISITIONS BY BANK HOLDING COMPANIES.
Code Section 13-207.3 Amended.
No. 1121 (Senate Bill No. 383).
AN ACT
To amend Code Section 13-207.3, relating to unlawful acquisitions by bank holding companies, so as to clarify and interpret further the term "unlawful acquisition"; to provide for editorial revisions; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 13-207.3, relating to unlawful acquisitions by bank holding companies, is hereby amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 13-207.3 to read as follows:
"13-207.3. Unlawful acquisitions. On and after July 1, 1975, it shall be unlawful for any bank holding company as defined in this title to acquire direct or indirect ownership or control of any voting shares of any bank if, after such acquisition, such bank holding company will directly or indirectly own or control more than 5 percent of the voting shares of such bank unless such bank has been in existence and continuously operating as a bank for a period of five years or more prior to the date of application to the commissioner for approval of such acquisition; provided, however, that

1082

GENERAL ACTS AND RESOLUTIONS, VOL. I

nothing herein shall prohibit a bank holding company from acquiring all or substantially all of the shares of a bank organized solely for the purpose of facilitating acquisition of a bank which has been in existence and continuously operating as a bank for such period."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 25, 1980.

BANKS AND BANKING B- MERGERS.
Code Section 13-203.1 Amended.
No. 1122 (Senate Bill No. 384).
AN ACT
To amend Code Section 13-203.1, relating to bank offices and bank facilities, so as to provide that the merger or consolidation provisions shall comply with the Financial Institutions Code of Georgia; to provide for editorial revisions; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 13-203.1, relating to bank offices and bank facilities, is hereby amended by striking subsection (e) of said Code section in its entirety and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) In the event of merger or consolidation of two or more banks pursuant to Chapter 41A-24 and Chapter 41A-25, where all of the constituent banks shall have either a parent bank or a branch

GEORGIA LAWS 1980 SESSION

1083

bank located in the same county, then the surviving or resulting bank shall be the parent bank and may retain and continue to operate any or all places of business of each constituent bank as either a branch bank, a bank office, or a bank facility, as is consistent with and may be authorized by this title. In the event of the purchase of substantially all of the assets of a bank, pursuant to the approval of the commissioner of banking and finance, where both the selling and the purchasing banks shall have either a parent bank or branch bank in the same county, then the purchasing bank shall be the parent bank and may retain and continue to operate any or all places of business of the selling bank as either a branch bank, a bank office, or a bank facility, as is consistent with and may be authorized by this title."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 25, 1980.

CRIMES - ILLEGAL USE OF FINANCIAL TRANSACTION CARDS, ETC.
Code Chapter 26-17 Amended.
No. 1123 (Senate Bill No. 386).
AN ACT
To amend Code Chapter 26-17, relating to deceptive practices, as amended, particularly by an Act approved March 26, 1969 (Ga. Laws 1969, p. 128) and an Act approved March 27, 1972 (Ga. Laws 1972, p. 473), so as to describe illegal practices relating to the use of financial transaction cards; to provide for definitions; to define theft, forgery, and fraud of financial transaction cards; to

1084

GENERAL ACTS AND RESOLUTIONS, VOL. I

define criminal possession of financial transaction card forgery devices; to define criminal receipt of goods and services fraudulently obtained; to provide for a presumption of criminal receipt of goods and services fraudulently obtained; to provide for penalties and punishment; to provide for publication of information regarding schemes, devices, means, or methods for financial transaction card fraud or theft of telecommunication services; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section I. Code Chapter 26-17, relating to deceptive practices, as amended, particularly by an Act approved March 26, 1969 (Ga. Laws 1969, p. 128) and an Act approved March 27, 1972 (Ga. Laws 1972, p. 473), is hereby amended by striking Code Sections 26-1705 through 26-1705.10 in their entirety and inserting in lieu thereof new Code Sections 26-1705 through 26-1705.9 to read as follows:
"26-1705. Illegal use of financial transaction cards. The following words and phrases as used in Code Sections 26-1705 through 26-1705.8, unless a different meaning is plainly required by the context, shall have the following meanings:
(1) `Automated banking device' means any machine which when properly activated by a financial transaction card and personal identification code may be used for any of the purposes for which a financial transaction card may be used.
(2) `Card holder' means the person or organization named on the face of a financial transaction card to whom or for whose benefit the financial transaction card is issued by an issuer.
(3) `Expired financial transaction card' means a financial transaction card which is no longer valid because the term for which it was issued has elapsed.
(4) `Financial transaction card' or `FTC' means any instrument or device, whether known as a credit card, credit plate, bank services card, banking card, check guarantee card, debit card, or by any other name, issued with or without fee by an issuer for the use of the card holder:

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(A) in obtaining money, goods, services, or anything else of value; or
(B) in certifying or guaranteeing to a person or business the availability to the card holder of funds on deposit that are equal to or greater than the amount necessary to honor a draft or check payable to the order of such person or business; or
(C) in providing the card holder access to a demand deposit account, savings account, or time deposit account for the purpose of:
(i) making deposits of money or checks therein; or
(ii) withdrawing funds in the form of money, money orders, or traveler's checks therefrom; or
(iii) transferring funds from any demand deposit account, savings account, or time deposit account to any other demand deposit account, savings account, or time deposit account; or
(iv) transferring funds from any demand deposit account, savings account, or time deposit account to any credit card accounts, overdraft privilege accounts, loan accounts, or any other credit accounts in full or partial satisfaction of any outstanding balance owed existing therein; or
(v) for the purchase of goods, services, or anything else of value; or
(vi) obtaining information pertaining to any demand deposit account, savings account, or time deposit account.
(5) `Issuer' means the business organization or financial institution or its duly authorized agent which issues a financial transaction card.

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(6) `Personal identification code' means a numeric or alphabetical code, signature, photograph, fingerprint, or any other means of electronic or mechanical confirmation used by the card holder of a financial transaction card to permit authorized electronic use of that financial transaction card.
(7) `Presenting' means, as used herein, those actions taken by a card holder or any person to introduce a financial transaction card into an automated banking device, with or without utilization of a personal identification code, or merely displaying or showing, with intent to defraud, a financial transaction card to the issuer, or to any person or organization providing money, goods, services, or anything else of value, or to any other entity.
(8) `Receives' or `receiving' means acquiring possession or control or accepting a financial transaction card as security for a loan.
(9) `Revoked financial transaction card' means a financial transaction card which is no longer valid because permission to use it has been suspended or terminated by the issuer.
26-1705.1. Financial transaction card theft, (a) A person is guilty of financial transaction card theft when:
(1) He takes, obtains, or withholds a financial transaction card from the person, possession, custody, or control of another without the card holder's consent; or who, with knowledge that it has been so taken, obtained, or withheld, receives the financial transaction card with intent to use it or to sell it or to transfer it to a person other than the issuer or the card holder; or
(2) He receives a financial transaction card that he knows to have been lost, mislaid, or delivered under a mistake as to the identity or address of the card holder; and who retains possession with intent to use it or sell it or to transfer it to a person other than the issuer or the card holder; or
(3) He, not being the issuer, sells a financial transaction card or buys a financial transaction card from a person other than the issuer; or

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(4) He, not being the issuer, during any 12 month period, receives two or more financial transaction cards in the names of persons which he has reason to know were taken or retained under circumstances which constitute a violation of paragraph (3) of subsection (a) of Code Section 26-1705.3 and paragraph (3) of subsection (a) of this Code section.
(b) Taking, obtaining, or withholding a financial transaction card without consent of the card holder or issuer is included in conduct defined in Code Section 26-1802 as theft by taking.
(c) Conviction of financial transaction card theft is punishable as provided in subsection (b) of Code Section 26-1705.8.
(d) When a person has in his possession or under his control two or more financial transaction cards issued in the names of persons other than members of his immediate family or without the consent of the card holder, such possession shall be prima facie evidence that such financial transaction cards have been obtained in violation of Code Section 26-1705.1(a).
26-1705.2. Forgery of financial transaction card, (a) A person is guilty of financial transaction card forgery when:
(1) With intent to defraud a purported issuer, a person or organization providing money, goods, services, or anything else of value, or any other person, he falsely makes or falsely embosses a purported financial transaction card; or
(2) With intent to defraud a purported issuer, a person or organization providing money, goods, services, or anything else of value, or any other person, he falsely encodes, duplicates, or alters existing encoded information on a financial transaction card or utters such a financial transaction card; or
(3) He, not being the card holder or a person authorized by him, with intent to defraud the issuer, or a person or organization providing money, goods, services, or anything else of value, or any other person, signs a financial transaction card.
(b) A person falsely makes a financial transaction card when he makes or draws, in whole or in part, a device or instrument which

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purports to be the financial transaction card of a named issuer but which is not such a financial transaction card because the issuer did not authorize the making or drawing, or alters a financial transaction card which was validly issued.
(c) A person falsely embosses a financial transaction card when, without authorization of the named issuer, he completes a financial transaction card by adding any of the matter, other than the signature of the card holder, which an issuer requires to appear on the financial transaction card before it can be used by a card holder.
(d) A person falsely encodes a financial transaction card when, without authorization of the purported issuer, he records, erases, or otherwise alters magnetically, electronically, electromagnetically, or by any other means whatsoever, information on a financial transaction card which will permit acceptance of that card by any automated banking device.
(e) Conviction of financial transaction card forgery shall be punishable as provided in subsection (b) of Code Section 26-1705.8.
(f) When a person, other than the purported issuer, possesses two or more financial transaction cards which are falsely made, falsely encoded, or falsely embossed, such possession shall be prima facie evidence that said cards were obtained in violation of Code Section 26-1705.2(a)(1) or Code Section 26-1705.2(a)(2).
26-1705.3. Financial transaction card fraud, (a) A person is guilty of financial transaction card fraud when, with intent to defraud the issuer, a person or organization providing money, goods, services, or anything else of value, or any other person, he:
(1) uses for the purpose of obtaining money, goods, services, or anything else of value a financial transaction card obtained or retained, or which was received with knowledge that it was obtained or retained, in violation of Code Section 261705.1 or 26-1705.2, or a financial transaction card which he knows is forged, altered, expired, revoked, or was obtained as a result of a fraudulent application in violation of Code Section 26-1705.3(d);

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(2) obtains money, goods, services, or anything else of value by:
(A) representing without the consent of the card holder that he is the holder of a specified card; or
(B) presenting the financial transaction card without the authorization or permission of the card holder; or
(C) falsely representing that he is the holder of a card and such card has not in fact been issued;
(3) obtains control over a financial transaction card as security for debt;
(4) deposits into his account or any account, by means of an automated banking device, a false, fictitious, forged, altered, or counterfeit check, draft, money order, or any other such document not his lawful or legal property; or
(5) receives money, goods, services, or anything else of value as a result of a false, fictitious, forged, altered, or counterfeit check, draft, money order, or any other such document having been deposited into an account via an automated banking device, knowing at the time of receipt of the money, goods, services, or item of value that the document so deposited was false, fictitious, forged, altered, or counterfeit or that the abovedeposited item was not his lawful or legal property.
(b) A person who is authorized by an issuer to furnish money, goods, services, or anything else of value upon presentation of a financial transaction card by the card holder; or any agent or employee of such person is guilty of a financial transaction card fraud when, with intent to defraud the issuer or the card holder, he:
(1) furnishes money, goods, services, or anything else of value upon presentation of a financial transaction card obtained or retained in violation of Code Section 26-1705.1 or a financial transaction card which he knows is forged, expired, or revoked; or
35

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(2) alters a charge ticket or purchase ticket to reflect a larger amount than that approved by the card holder; or
(3) fails to furnish money, goods, services, or anything else of value which he represents in writing to the issuer that he has furnished.
(c) Conviction of financial transaction card fraud as provided in subsection (a) or (b) of this Code section is punishable as provided in subsection (a) of Code Section 26-1705.8 if the value of all money, goods, services, and other things of value furnished in violation of this Code section, or if the difference between the value actually furnished and the value represented to the issuer to have been furnished in violation of this Code section, does not exceed $100.00 in any six-month period. Conviction of financial transaction card fraud as provided in subsection (a) or (b) of this Code section is punishable as provided in subsection (b) of Code Section 26-1705.8 if such value exceeds $ 100.00 in any six-month period.
(d) A person is guilty of financial transaction card fraud when, upon application for a financial transaction card to an issuer, he knowingly makes or causes to be made a false statement or report relative to his name, occupation, employer, financial condition, assets, or liabilities; or willfully and substantially overvalues any assets; or willfully omits or substantially undervalues any indebtedness for the purpose of influencing the issuer to issue a financial transaction card. Fraud as provided in this subsection is punishable as provided in subsection (b) of Code Section 26-1705.8.
(e) A card holder is guilty of financial transaction card fraud when he willfully, knowingly, and with an intent to defraud the issuer, a person or organization providing money, goods, services, or anything else of value, or any other person, submits, verbally or in writing, to the issuer or any other person, any false notice or report of the theft, loss, disappearance, or nonreceipt of his financial transaction card and personal identification code. Conviction of financial transaction card fraud as provided in this subsection is punishable as provided in subsection (b) of Code Section 26-1705.8.
(f) In any prosecution for violation of Code Section 26-1705.3, the state is not required to establish and it is no defense that some of the acts constituting the crime did not occur in this state or within one city, county, or local jurisdiction.

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(g) For purposes of this Code section, revocation shall be construed to include either notice given in person or notice given in writing to the person to whom the financial transaction card and personal identification code was issued. Notice of revocation shall be immediate when notice is given in person. The sending of a notice in writing by registered or certified mail in the United States mail, duly stamped and addressed to such person at his last address known to the issuer, shall be prima facie evidence that such notice was duly received after seven days from the date of deposit in the mail. If the address is located outside the United States, Puerto Rico, the Virgin Islands, the Canal Zone, and Canada, notice shall be presumed to have been received ten days after mailing by registered or certified mail.
26-1705.4. Criminal possession of financial transaction card forgery devices, (a) A person is guilty of criminal possession of financial transaction card forgery devices when:
(1) he is a person other than the card holder and possesses two or more incomplete financial transaction cards with intent to complete them without the consent of the issuer; or
(2) he possesses, with knowledge of its character, machinery, plates, or any other contrivance designed to reproduce instruments purporting to be financial transaction cards of an issuer who has not consented to the preparation of such financial transaction cards.
(b) A financial transaction card is incomplete if part of the matter other than the signature of the card holder, which an issuer requires to appear on the financial transaction card before it can be used by a card holder, has not yet been stamped, embossed, imprinted, encoded, or written upon.
(c) Conviction of criminal possession of financial transaction card forgery devices is punishable as provided in subsection (b) of Code Section 26-1705.8.
26-1705.5. Criminal receipt of goods and services fraudulently obtained. A person is guilty of criminally receiving goods and services fraudulently obtained when he receives money, goods, services, or anything else of value obtained in violation of subsection

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(a) of Code Section 26-1705.3 with the knowledge or belief that the same were obtained in violation of subsection (a) of Code Section 26-1705.3. Conviction of criminal receipt of goods and services fraudulently obtained is punishable as provided in subsection (a) of Code Section 26-1705.8 if the value of all money, goods, services, and anything else of value, obtained in violation of this Code section, does not exceed $100.00 in any six-month period; conviction of criminal receipt of goods and services fraudulently obtained is punishable as provided in subsection (b) of Code Section 26-1705.8 if such value exceeds $ 100.00 in any six-month period.
26-1705.6. Rebuttable presumption of criminal receipt of goods and services fraudulently obtained. A person who obtains at a discount price a ticket issued by an airline, railroad, steamship, or other transportation company from other than an authorized agent of such company which was acquired in violation of subsection (a) of Code Section 26-1705.3 without reasonable inquiry to ascertain that the person from whom it was obtained had a legal right to possess it shall be rebuttably presumed to know that such ticket was acquired under circumstances constituting a violation of subsection (a) of Code Section 26-1705.3, if said ticket shows on its face that it was issued through the use of a financial transaction card or that it is otherwise `nonrefundable.'
26-1705.7. Unauthorized use. Any person who has been issued or entrusted with a financial transaction card for specifically authorized purposes, provided such authorization is in writing stating a maximum amount of charges that can be made with said financial transaction card, and said person uses the said financial transaction card in a manner and for purposes not authorized in order to obtain or purchase money, goods, services, or anything else of value, shall be punished as provided in subsection (a) of Code Section 261705.8.
26-1705.8. Punishment and penalties, (a) A person who is subject to the punishment and penalties of this Code section shall be fined not more than $ 1,000.00 or imprisoned not less than one year, nor more than two years, or both.
(b) A crime punishable under this Code section is a felony and shall be punishable by a fine of not more than $5,000.00 or imprisonment for not less than one year, nor more than three years, or both.

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26-1705.9. Publication of information regarding schemes, devices, means, or methods for financial transaction card fraud or theft or telecommunication services, (a) A person who publishes the number or code of an existing, canceled, revoked, or nonexistent telephone number, credit number, or other credit device, or method of numbering or coding which is employed in the issuance of telephone numbers, credit numbers, or other credit devices with knowledge or reason to believe that it may be used to avoid the payment of any lawful telephone or telegraph toll charge under circumstances evidencing an intent to have such telephone number, credit number, credit device, or method of numbering or coding so used shall be punished as provided in subsection (a) of Code Section 261705.8.
(b) As used in this Code section, `publish' means the communication or dissemination of information to any one or more persons, either orally, in person, or by telephone, radio or television, or in a writing of any kind, including without limitation a letter or memorandum, circular or handbill, newspaper or magazine article, or book.
(c) An offense under this Code section may be deemed to have been committed at either the place at which the publication was initiated or at which publication was received or at which the information so published was utilized to avoid or attempt to avoid the payment of any lawful telephone or telegraph charge."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 25, 1980.

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HOUSING AUTHORITIES LAW AMENDED -- BONDS.
No. 1124 (Senate Bill No. 388).
AN ACT
To amend the Act known as the "Housing Authorities Law," approved March 30, 1937 (Ga. Laws 1937, p. 210), as amended, particularly by an Act approved February 26, 1970 (Ga. Laws 1970, p. 113), so as to remove the interest rate on bonds issued by a housing authority; to provide that bonds may be sold at not less than par to an institution insured by an agency of the Federal Government at private sale without any public advertisement; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The Act known as the "Housing Authorities Law," approved March 30, 1937 (Ga. Laws 1937, p. 210), as amended, particularly by an Act approved February 26, 1970 (Ga. Laws 1970, p. 113), is hereby amended by striking Section 15 in its entirety and inserting in lieu thereof a new Section 15 to read as follows:
"Section 15. Form and Sale of Bonds. Bonds of an authority shall be authorized by its resolution and may be issued in one or more series and shall bear such date or dates, mature at such time or times, bear interest at such rate or rates, be in such denomination or denominations, be in such form, either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable in such medium of payment, at such place or places, and be subject to such terms of redemption (with or without premium) as such resolution, its trust indenture or mortgage may provide.
The bonds may be sold at not less than par at public sale held after notice published once at least five days prior to such sale in a newspaper having a general circulation in the city or the county and in a financial newspaper published in the City of New York, New York, or in the City of Atlanta, Georgia, provided, however, that such bonds may be sold at not less than par to the Federal

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Government or to an institution insured by an agency of the Federal Government at private sale without any public advertisement.
In case any of the Commissioners or officers of the authority whose signatures appear on any bonds or coupons shall cease to be such Commissioners or officers before the delivery of such bonds, such signatures shall nevertheless be valid and sufficient for all purposes, the same as if they had remained in office until such delivery. Any provision of any law to the contrary notwithstanding, any bonds issued pursuant to this Act shall be fully negotiable.
Any bond reciting in substance that it has been issued by an authority to aid in financing a housing project to provide dwelling accommodations for persons of low income shall be conclusively deemed, in any suit, action or proceeding involving the validity or enforceability of such bond or the security therefor, to have been issued for a housing project of such character."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 25, 1980.

STATE BOARD OF CORRECTIONS - POSSESSION OF CURRENCY, ETC. BY CONVICTS.
No. 1125 (Senate Bill No. 401).
AN ACT
To amend an Act comprehensively and exhaustively revising, superseding, and consolidating the laws relating to the State Board of Corrections and to prisons, public work camps, and prisoners, approved February 23, 1956 (Ga. Laws 1956, p. 161), as amended,

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so as to provide that the possession by a convict of currency and other items unless expressly and specifically authorized by the institution concerned shall constitute contraband and be subject to forfeiture; to provide for the disposition of such currency and other items; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act comprehensively and exhaustively revising, superseding, and consolidating the laws relating to the State Board of Corrections and to prisons, public work camps, and prisoners, approved February 23, 1956 (Ga. Laws 1956, p. 161), as amended, is hereby amended by inserting a new section, to be designated Section 33.15, to read as follows:
"Section 33.15. The possession by a convict on his person, in his cell, immediate sleeping area, locker, or immediate place of work or assignment of any form of securities, bonds, coins, currency, or legal tender unless expressly and specifically authorized by the individual institution concerned shall constitute contraband and be subject to forfeiture. With respect to state institutions, all such securities, bonds, coins, currency, or legal tender shall vest in the state and shall be paid into the state treasury. With respect to county institutions, all such currency and other items shall vest in the county and shall be paid into the county treasury."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 25, 1980.

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BOARD OF FUNERAL SERVICE TERMINATION DATE, INSPECTORS, ETC.
No. 1126 (Senate Bill No. 424).
AN ACT
To amend an Act creating and establishing a Board of Funeral Service, approved February 13, 1950 (Ga. Laws 1950, p. 238), as amended, so as to continue the board and the laws relating thereto but to provide for the later termination of the board and the laws relating thereto; to restrict who may be employed as inspectors; to change the expenses and allowances of the board; to provide for fee refunds; to change certain qualifications for applicants for licensure; to provide restrictions upon services provided during certain grace periods; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating and establishing a Board of Funeral Service, approved February 13, 1950 (Ga. Laws 1950, p. 238), as amended, is hereby amended by designating the first paragraph of Section 5 as subsection (a) and by adding following said newly designated subsection the following new subsection (b) to read as follows:
"(b) Pursuant to Section 9 of `The Act Providing for the Review, Continuation, Reestablishment or Termination of Regulatory Agencies,' approved March 24, 1977 (Ga. Laws 1977, p. 961), as now or hereafter amended, the Georgia State Board of Funeral Service and the laws relating thereto are hereby continued until July 1, 1984, at which time the board shall be terminated. Upon its termination, the board shall continue in existence until July 1 of the next succeeding year for the purpose of concluding its affairs and activities. During that termination period, the powers or authority of the board shall not be reduced or otherwise limited. The laws relative to the board shall be continued in effect for the duration of the termination period only for the purpose of concluding its affairs. As of the last day of the termination period, the laws relative to the board shall stand repealed in their entirety. During the termination period, the board shall not issue any new licenses nor renew any licenses nor collect any license fees which were not due and payable prior to the date of termination of the board."

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Section 2. Said Act is further amended by adding in subsection (2) of Section 6 thereof, after the following:
"The board may employ agents who shall be known as inspectors and prescribe their duties.",
the following:
"No inspector so employed shall own, operate, or be employed by any funeral establishment, but this shall not prohibit any board member from acting as an inspector as authorized in this subsection.",
so that when so amended said subsection (2) shall read as follows:
"(2) The board shall meet at least once in each year and more often as the proper and efficient discharge of its duties may require. Notice of the time and place of meetings of the board shall be given to its members, to other interested persons and to the public in such manner as may be provided in the rules and regulations adopted by the board. A majority of the board shall constitute a quorum for the transaction of business and the performance of its duties. The board may employ agents who shall be known as inspectors and prescribe their duties. No inspector so employed shall own, operate, or be employed by any funeral establishment, but this shall not prohibit any board member from acting as an inspector as authorized in this subsection. The term of appointment and compensation of such inspectors shall be fixed by the board. Members of the board may act as inspectors and when acting as such shall be entitled to receive the same compensation and travel allowances as are paid to inspectors who are not members of the board."
Section 3. Said Act is further amended by striking in its entirety subsection (3) of Section 6 thereof, which reads as follows:
"(3) Each member of the board shall receive not more than twenty-five ($25.00) dollars per diem for not to exceed thirty days per year for the time actually spent upon the business of the board and each shall be reimbursed for such necessary expenses as he may incur when engaged upon his duties as a member of the board. All expenses incurred in investigations and in the enforcement of this Act and the per diem of the members of the board and their neces-

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sary expenses shall be paid from the fees received under the provisions of this Act and shall in no manner be an expense to the State. All fees received by the board under the provisions of this Act shall be paid to the Joint-Secretary, who shall remit the same to the State Treasurer. The State Treasurer shall hold the funds thus arising as a special fund for meeting the aforesaid expenses and the pro rata portion of the salary and expenses of the Joint-Secretary as provided by law. Except as otherwise provided by law, the disbursement of all such funds shall be in accordance with such rules as may be adopted by the board. On the first day of April each year the State Treasury shall make and submit to the board a financial statement of the receipts and disbursements under the provisions of this Act.",
and inserting in lieu thereof a new subsection (3) to read as follows:
"(3) Each member of the board shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member of the board is in attendance at a meeting of such board, plus either reimbursement for actual transportation costs while traveling by public carrier or the same mileage allowance for use of a personal car in connection with such attendance as members of the General Assembly receive. Such expense and travel allowance shall be paid in lieu of any per diem, allowance, or other remuneration now received by any such member for such attendance. On the first day of April each year the Fiscal Division of the Department of Administrative Services shall make and submit to the board a financial statement of the receipts and disbursements under this Act."
Section 4. Said Act is further amended by adding before the last sentence of Section 8 thereof the following:
"Any fees collectible under this Act may be refunded for good cause, as shall be determined by the board.",
so that when so amended said Section 8 shall read as follows:
"Section 8. Application for license. Any person desiring to engage in the practice of embalming or in the business or practice of funeral directing and who has not heretofore been licensed so to do shall make written application to the board through the joint-secretary, State Examining Boards, for such license. Such application

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shall have attached thereto such proof as the board shall prescribe to show that the applicant has been for one (1) year immediately preceding the date thereof a domiciliary actually residing in the State of Georgia. Such application shall be upon such form and shall be submitted in such manner as shall be prescribed by the board and the applicant shall pay such fee as may be fixed by the board. Any fees collectible under this Act may be refunded for good cause, as shall be determined by the board. Before issuing a license to practice funeral directing or embalming in this state the board shall examine the applicant as to his qualifications and skill in either funeral directing or embalming, or both, as the case may be, and such examination shall be made in the manner hereinafter provided."
Section 5. Said Act is further amended by striking in its entirety paragraph (c) of subsection (1) of Section 9 thereof, which reads as follows:
"(c) a citizen of the United States;",
and redesignating paragraphs (d) and (e) of subsection (1) of Section 9 as paragraphs (c) and (d), respectively, so that when so amended said subsection (1) shall read as follows:
"(1) Each applicant for a license as either an embalmer or funeral director shall be: (a) at least 21 years of age; (b) a resident of Georgia; (c) of good moral character, which fact shall be evidenced by affidavit from funeral director or embalmer who are duly licensed by this board, actively practicing in Georgia and in the same establishment where the applicant served his apprenticeship, or by a certificate of good moral character by any constitutional officer; and (d) possessed of a high school education of not less than 16 Carnegie units or the equivalent thereof, the determination of the equivalent education of the applicant to be left to the discretion of the board."
Section 6. Said Act is further amended by adding at the end of Section 18F thereof the following:
"All services provided to the public during any grace period authorized by this section shall be provided by or under the supervision of a funeral director licensed under this Act.",

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so that when so amended said Section 18F shall read as follows:
"Section 18F. In the event any duly licensed funeral establishment shall be temporarily without the services of a full-time funeral director, upon notice by the funeral establishment to the State Board of Funeral Service within five days following the last day of service by said full-time funeral director, the State Board of Funeral Service shall grant the said funeral establishment a 90-day grace period before any action may be taken by said board to revoke or terminate any license. Said State Board of Funeral Service may, in its discretion, upon application by said funeral establishment grant one additional 90-day grace period upon showing of good cause. All services provided to the public during any grace period authorized by this section shall be provided by or under the supervision of a funeral director licensed under this Act."
Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 25, 1980.

STATE BOARD OF DISPENSING OPTICIANS EXAMINATIONS, FEES, ETC.
No. 1127 (Senate Bill No. 425).
AN ACT
To amend an Act creating the State Board of Dispensing Opticians, approved February 17, 1956 (Ga. Laws 1956, p. 148), as amended, so as to change certain examination and fee requirements; to provide for fee refunds; to provide for additional requirements of certain persons failing the examinations; to continue the board and the laws relating thereto but to provide for the later termination of the board and the laws relating thereto; to change the allowances and expenses of the board; to change certain reciprocity requirements; to change certain continuing education requirements for

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annual license renewal and exceptions thereto; to delete certain requirements concerning notification of course offerings; to change to whom fees are payable and how expenses are payable; to provide for rules and regulations; to provide for injunctive powers; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the State Board of Dispensing Opticians, approved February 17, 1956 (Ga. Laws 1956, p. 148), as amended, is hereby amended by striking in its entirety Section 4 thereof, which reads as follows:
"Section 4. Examination of applicants for license to practice the trade or occupation of dispensing optician shall be made by the State Board of Dispensing Opticians, consisting of five (5) licensed dispensing opticians, according to the methods and covering subject matter deemed by it to be the most practical and expeditious to test the applicant's qualifications. The board may require the examination to be both written and oral. There shall be paid to the JointSecretary of the State Examining Boards by each applicant for license an examination fee of twenty five ($25.00) dollars, which is accompanied by the application. No part of any fee is returnable under any circumstances. Failure to pass a satisfactory examination shall not debar applicant from participating in subsequent examinations before said board upon complying with the provisions of this Act.",
and inserting in lieu thereof the following:
"Section 4. (a) Examination of applicants for license to practice the trade or occupation of dispensing optician shall be made by the State Board of Dispensing Opticians, according to the methods and covering subject matter deemed by the board to be the most practical and expeditious to test the applicant's specific job performance requirements. Such examinations shall be written.
(b) There shall be paid to the joint secretary, State Examining Boards, by each applicant for license an examination fee of not less than $75.00, as determined by the board, which fee shall accompany the application for examination. Any fee required by this Act may be refunded for just cause, as shall be determined by the board.

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(c) Failure to pass a satisfactory examination shall not prevent any applicant from participating in subsequent examinations before said board upon complying with the provisions of this Act, but any applicant who has failed two examinations shall not be permitted to take any further examination for licensure under this Act until such applicant has furnished sufficient proof of having taken such additional education and training as shall be required by the board."
Section 2. Said Act is further amended by designating the first paragraph of Section 5 thereof as subsection (a) and adding immediately following such newly designated subsection two new subsections (b) and (c) to read as follows:
"(b) Pursuant to Section 9 of `The Act Providing for the Review, Continuation, Reestablishment or Termination of Regulatory Agencies,' approved March 24, 1977 (Ga. Laws 1977, p. 961), as now or hereafter amended, the State Board of Dispensing Opticians and the laws relating thereto are hereby continued until July 1, 1984, at which time the board shall be terminated. Upon its termination, the board shall continue in existence until July 1 of the next succeeding year for the purpose of concluding its affairs and activities. During that termination period, the powers or authority of the board shall not be reduced or otherwise limited. The laws relative to the board shall be continued in effect for the duration of the termination period only for the purpose of concluding its affairs. As of the last day of the termination period, the laws relative to the board shall stand repealed in their entirety. During the termination period, the board shall not issue any new licenses nor renew any licenses nor collect any license fees which were not due and payable prior to the date of termination of the board.
(c) Each member of the board shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member of the board is in attendance at a meeting of such board, plus either reimbursement for actual transportation costs while traveling by public carrier or the same mileage allowance for use of a personal car in connection with such attendance as members of the General Assembly receive. Such expense and travel allowance shall be paid in lieu of any per diem, allowance, or other remuneration now received by any such member for such attendance."

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Section 3. Said Act is further amended by striking from the last sentence of Section 9 thereof the following:
and that he intends to reside and practice as a dispensing optician in this State",
so that when so amended said Section 9 shall read as follows:
"Section 9. Any person who has been duly licensed to practice as a dispensing optician in any state of the United States which has a standard of qualifications and examination for such practice at least as high as that provided for in Georgia by this Act, and who has been principally engaged in said practice pursuant to such license, for a period of not less than two years preceding may, upon proper application to the board and upon payment of the sum of $25.00 in lieu of examination and registration fees, be issued a certificate of registration without examination and shall thereupon be authorized to practice as a `registered dispensing optician' in this state subject to the provisions of this Act and rules and regulations of the board. Provided, that such state accords similar privilege to those wanting licenses issued by this state; and provided further that the applicant shall not have previously failed to pass an examination required in this state within five years."
Section 4. Said Act is further amended by striking the first sentence of Section 11 which reads as follows:
"All persons practicing as a dispensing optician shall register with the joint secretary of the State Examining Boards and shall pay an annual registration fee of fifteen ($15.00) dollars on or before January tenth in each year.",
and inserting in lieu thereof a new first sentence to read as follows:
"All persons practicing as dispensing opticians shall register with the joint secretary, State Examining Boards, and shall pay a biennial registration fee of not less than $50.00, as determined by the board, on or before January tenth in each registration year.",
so that when so amended Section 11 shall read as follows:

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"Section 11. All persons practicing as dispensing opticians shall register with the joint secretary, State Examining Boards, and shall pay a biennial registration fee of not less than $50.00, as determined by the board, on or before January tenth in each registration year. Failure to register and pay this fee shall forfeit the certificate of such delinquent but he may be reinstated by paying all registration dues and an additional penalty of $ 10.00."
Section 5. Said Act is further amended by striking in its entirety subsection (a) of Section 11 A, which reads as follows:
"(a) Each person who holds a license as a dispensing optician shall be required to complete a course of continuing education not to exceed six hours prior to renewal of said license. Two hours of continuing education shall be required for license renewals for January, 1977, and no less than four (4) nor more than six (6) hours for each renewal year thereafter. Commencing in January, 1977, the State Board of Dispensing Opticians shall notify each licensed dispensing optician of the number of hours of continuing education required for license renewal no less than one (1) year prior to the next license renewal date.",
and inserting in lieu thereof the following:
"(a) Each person who holds a license as a dispensing optician shall be required to complete a course of continuing education of four hours prior to each renewal of such license."
Section 6. Said Act is further amended by striking in its entirety subsection (c) of Section 11 A, which reads as follows:
"(c) A licensed optician, over the age of sixty-five, shall not be required to satisfy these education provisions. The State Board of Dispensing Opticians may waive the requirements of this section for any year upon proof of hardship or disability. An optician failing to complete the course hours required hereunder shall have his license restored upon proof of subsequent completion of required course hours and the payment of a penalty of $50.00.",
and inserting in lieu thereof two new subsections to read as follows:

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"(c) The State Board of Dispensing Opticians may waive the requirements of this section for any year for any optician upon proof of such optician's hardship or disability, provided that such optician's license may not be renewed the following year except upon sufficient proof of his having completed eight hours of continuing education within the immediately preceding 12 months.
(d) An optician failing to complete the course hours required hereunder shall have his license restored upon proof of subsequent completion of required course hours and, except in the case of a waiver granted under subsection (c) of this section, upon payment of a penalty of $50.00."
Section 7. Said Act is further amended by striking Section 12 thereof in its entirety, which reads as follows:
"Section 12. All fees provided for in this Act shall be paid in advance to the Joint-Secretary of the State Examining Boards, who shall remit the same to the State Treasurer to be held as a fund for the use of the said State Board of Dispensing Opticians as provided in this Act and in Chapter 84-1 of the Code of Georgia. No funds shall be paid out unless authorized by the chairman of the board and the joint-secretary, and no expenses shall be created in excess of the fees herein provided. Such funds shall be applied as contemplated by Chapter 84-1 of the Code of Georgia and to pay a reasonable compensation to the members of the board.",
and inserting in lieu thereof the following:
"Section 12. All fees provided for in this Act shall be paid in advance to the joint secretary, State Examining Boards. No funds shall be paid out unless authorized by the chairman of the board and the joint secretary, and no expense shall be created in excess of the fees herein provided."
Section 8. Said Act is further amended by adding immediately following Section 16 thereof two new sections to read as follows:
"Section 16.1. The board is authorized to adopt rules and regulations pursuant to this Act for the carrying out of the purposes of this Act. The violation of such rules and regulations shall be grounds for the revocation of any license issued under this Act.

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Section 16.2. The practice of the profession of dispensing optician is hereby declared to involve activities affecting the public interest and involving the health and safety and welfare of the public. Such activities when engaged in by a person who is not licensed are declared to be a public nuisance, harmful to the public health, safety, and welfare. The board or the district attorney of the circuit where such nuisance exists may bring a petition to restrain and enjoin such unlicensed practice in the superior court of the county where such unlicensed person resides. It shall not be necessary in order to obtain the equitable relief provided herein to allege or prove that there is no adequate remedy at law."
Section 9. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 25, 1980.

ACT PROVIDING FOR LICENSING OF LIVESTOCK DEALERS REPEALED.
No. 1128 (Senate Bill No. 430).
AN ACT
To amend an Act regulating the buying and selling of livestock and providing for licensing of livestock dealers by the probate court, approved March 31, 1937 (Ga. Laws 1937, p. 716), as amended by an Act approved December 29, 1937 (Ga. Laws 1937-38, Ex. Sess., p. 345), and an Act approved April 3, 1972 (Ga. Laws 1972, p. 745); to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act regulating the buying and selling of livestock and providing for licensing of livestock dealers by the probate court, approved March 31, 1937 (Ga. Laws 1937, p. 716), as amended by

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an Act approved December 29, 1937 (Ga. Laws 1937-38, Ex. Sess., p. 345), and an Act approved April 3, 1972 (Ga. Laws 1972, p. 745), is hereby repealed in its entirety.
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 25, 1980.

GEORGIA INSURANCE CODE AMENDED REINSURANCE, ETC.
Code Title 56 Amended.
No. 1129 (Senate Bill No. 432).
AN ACT
To amend Code Title 56, known as the Georgia Insurance Code, so as to change certain provisions relating to credit for reinsurance placed with foreign and alien reinsurers; to change certain provisions relative to a determination of the assets of an insurer; to authorize the Insurance Commissioner to approve methods of calculation of reserves; to authorize insurers to make deposits in certain financial institutions; to change certain provisions regarding foreign investments; to authorize the establishment of branch offices in certain places; to permit certain officials to invest or deposit certain funds in a manner other than in the insurer's corporate name; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:

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Section 1. Code Title 56, known as the Georgia Insurance Code, is hereby amended by renumbering present subsections (4) and (5) of Code Section 56-413, relating to credit for reinsurance placed with foreign and alien reinsurers, as subsections (5) and (6), respectively, and by adding a new subsection (4) to said Code Section 56-413 to read as follows:
"(4) Notwithstanding the provisions of this Title, a ceding insurer, upon application to the Commissioner showing that it has met the requirements of this section, may, for a period of three years, which period may, at the discretion of the Commissioner, be extended for an additional period not to exceed two years, take full credit as an asset or as a deduction from liability, for all reinsurance of insurance risks written in connection with an extension of credit which are ceded to an unauthorized assuming reinsurer which possesses and thereafter maintains surplus to policyholders not less in amount than the minimum paid-in capital required under this Title of a domestic stock insurer if all of the following conditions are met:
(a) assets other than real property, in amounts equal to or greater than the reserves required by law to be maintained on such ceded risks are either withheld by the ceding insurer or deposited in a trust or escrow account in a bank located in the United States pursuant to a written agreement;
(b) all assets held in the trust or escrow account to satisfy the reserve requirements of this subsection are in investments which qualify as admitted assets for a domestic insurer;
(c) the escrow or trust agreement and the reinsurance agreement have been approved by the Commissioner prior to their use;
(d) the escrow or trust agreement expressly provides that the assets held thereunder together with assets withheld by the ceding insurer shall at all times be at least equal in value to the amount of the reserves required by law to be maintained on such ceded risks;
(e) the trust or escrow agreement expressly provides that no withdrawals can be made from such account without the express written consent of the ceding insurer and the Commis-

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GENERAL ACTS AND RESOLUTIONS, VOL. I

sioner, except that such written consent shall not be required if, after such a withdrawal, the funds held in such account together with assets withheld by the ceding insurer are equal to or exceed the amount of such required reserves; and
(f) the unauthorized insurer voluntarily submits to the jurisdiction of the State of Georgia and of the Commissioner in such manner as the Commissioner shall require pursuant to which the unauthorized insurer becomes subject to the regulation and supervision by the Commissioner in the same manner as authorized insurers; provided that no credit shall be allowed for any period if the unauthorized reinsurer does not have the minimum surplus to policyholders required under this subsection.
Provided further that notwithstanding the provisions of this Title any unauthorized assuming reinsurer of the risks of an insurer covered under this subsection which meets all of the conditions specified in this subsection and which possessed surplus to policyholders not less in amount than the minimum paid-in capital required of a domestic stock insurer under this Title and a combined level of capital and surplus which was equal to or in excess of $1,000,000.00 as of the end of the last preceding calendar year or which as of the end of such year possessed capital and surplus in a lesser amount that is otherwise satisfactory to the Commissioner shall be qualified to apply for and hold a certificate of authority pursuant to Code Chapter 56-3 or such standards as the Commissioner may establish upon review of the application and the Commissioner shall have the authority to limit the authority of such an insurer to transact only the business of reinsurance of risks written in connection with an extension of credit or other risks or classes thereof, or to limit such insurer to reinsuring certain types of risks of a particular ceding insurer or insurers and the Commissioner may limit the authority of any reinsurer by any combination of the foregoing limitations.
Notwithstanding the provisions of this Title, full credit shall be allowed to a ceding insurer as an asset or as a deduction from liability for all reinsurance which may be in effect or which may hereafter be effected under any contract of reinsurance which has been approved by written order of the department pursuant to Section 56-413(3) and which is in effect on March 1, 1980, and any continuations or renewals of such contract of reinsurance."

GEORGIA LAWS 1980 SESSION
Section 2. Said Code Title is further amended by inserting at the end of subsection (1) of Code Section 56-901, relating to the definition of assets for the purpose of determination of the financial condition of an insurer, after the word "company" and before the symbol
the following:
"or a savings and loan association or a building and loan association",
and by striking from paragraph (d) of subsection (2) of said section the following:
"and trust companies",
and substituting in lieu thereof the following:
", trust companies, savings and loan associations, or building and loan associations",
so that when so amended Code Section 56-901 shall read as follows:
"56-901. `Assets' defined.--In any determination of the financial condition of an insurer, there shall be allowed as assets only such assets as are owned by the insurer and which consist of:
(1) Cash in the possession of the insurer, or in transit under its control, and including the true balance of any deposit in a solvent bank or trust company or a savings and loan association or a building and loan association;
(2) Investments, securities, properties and loans acquired or held in accordance with this Title, and in connection therewith the following items:
(a) Interest due or accrued on any bond or evidence of indebtedness which is not in default and which is not valued on a basis including accrued interest,
(b) Declared and unpaid dividends on stock and shares, unless such amount has otherwise been allowed as an asset,

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(c) Interest due or accrued upon a collateral loan in an amount not to exceed one year's interest thereon,
(d) Interest due or accrued on deposits in solvent banks , trust companies, savings and loan associations, or building and loan associations, and interest due or accrued on other assets, if such interest is in the judgment of the Commissioner a collectible asset,
(e) Interest due or accrued on a mortgage loan, in an amount not exceeding in any event the amount, if any, of the excess of the value of the property less delinquent taxes thereon over the unpaid principal; but in no event shall interest accrued for a period in excess of eighteen (18) months be allowed as an asset,
(f) Rent due or accrued on real property if such rent is not in arrears for more than three months, and rent more than three months in arrears if the payment of such rent be adequately secured by property held in the name of the tenant and conveyed to the insurer as collateral;
(g) The unaccrued portion of taxes paid prior to the due date on real property.
(3) Electronic and mechanical machines constituting a data processing and accounting system if the cost of such system is at least twenty-five thousand ($25,000) dollars, which cost shall be amortized in full over a period not to exceed ten (10) calendar years;
(4) Premium notes, policy loans, and other policy assets and liens on policies and certificates of life insurance and annuity contracts and accrued interest thereon, in an amount not exceeding the legal reserve and other policy liabilities carried on each individual policy;
(5) The net amount of uncollected and deferred premiums and annuity considerations in the case of a life insurer;
(6) Premiums in the course of collection, other than for life insurance and annuity considerations, not more than three months past due, less commissions payable thereon. The foregoing limita-

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tion shall not apply to premiums payable directly or indirectly by the United States Government or by any state of the Union or by any of their instrumentalities;
(7) Installment premiums other than life insurance premiums to the extent of the unearned premium reserves carried thereon;
(8) Notes and like written obligations not past due, taken for premiums other than life insurance premiums, on policies permitted to be issued on such basis, to the extent of the unearned premium reserves carried thereon;
(9) The full amount of reinsurance recoverable by a ceding insurer from a solvent reinsurer and which reinsurance is authorized under Section 56-413;
(10) Amounts receivable by an assuming insurer representing funds withheld by a solvent ceding insurer under a reinsurance treaty;
(11) Deposits or equities recoverable from underwriting associations, syndicates and reinsurance funds, or from any suspended banking institution, to be the extent deemed by the Commissioner available for the payment of losses and claims and at values to be determined by him;
(12) All assets, whether or not consistent with the provisions of this section, as may be allowed pursuant to the annual statement form approved by the Commissioner for the kinds of insurance to be reported upon therein; and
(13) Other assets, not inconsistent with the provisions of this section, deemed by the Commissioner to be available for the payment of losses and claims, at values to be determined by the Commissioner."
Section 3. Said Code Title is further amended by striking from Code Section 56-908, relating to reserves for accident and sickness insurance, the following:
"the standards set forth in regulations issued by the Commissioner",

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GENERAL ACTS AND RESOLUTIONS, VOL. I

and substituting in lieu thereof the following:
"such method of calculation as the Commissioner may approve",
so that when so amended Code Section 56-908 shall read as follows:
"56-908. Reserves for accident and sickness insurance.--For all accident and sickness policies the insurer shall maintain an active life reserve which shall place a sound value on its liabilities under such policies and which shall not be less in the aggregate than the reserve according to such method of calculation as the Commissioner may approve and, in no event, less than the pro rata gross unearned premium reserve for such policies."
Section 4. Said Code Title is further amended by striking from paragraph (c) of subsection (3) of Code Section 56-1005, relating to diversification of investments, the following:
"Shares or savings accounts",
and substituting in lieu thereof the following:
"Savings accounts, certificates of deposit, or similar certificates or evidences of deposit",
so that when so amended subsection (3) of Code Section 56-1005 shall read as follows:
"(3) Minimum capital. An insurer shall invest and maintain invested funds not less in amount than the minimum paid-in capital stock required under this Title of a domestic stock insurer transacting like kinds of insurance, only in the following:
(a) Cash.
(b) Certificates of deposit or similar certificates or evidences of deposit in banks and trust companies to the extent that such certificates or deposits are insured by Federal Deposit Insurance Corporation.
(c) Savings accounts, certificates of deposit, or similar certificates or evidences of deposit in savings and loan associations and

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building and loan associations to the extent that same are insured by Federal Savings and Loan Insurance Corporation.
(d) The securities provided for under Section 56-1009 of this Chapter.
(e) The securities provided for under Section 56-1010 of this Chapter.
(f) The securities provided for under Section 56-1011 of this Chapter.
(g) The securities provided for under Section 56-1012 of this Chapter.
(h) The securities provided for under Section 56-1022 of this Chapter."
Section 5. Said Code Title is further amended by striking in its entirety Code Section 56-1006, relating to cash and deposits in banks and savings and loan associations, and substituting in lieu thereof a new Code Section 56-1006 to read as follows:
"56-1006. Cash, deposits in banks, savings and loan.--An insurer may have as assets cash or deposits in checking or savings accounts, under certificates of deposit or in any other form in banks and trust companies and in savings accounts, certificates of deposit, or similar certificates or evidences of deposits in savings and loan associations and building and loan associations which have qualified for the insurance protection afforded by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation. Provided, however, that an insurer may upon approval of the Commissioner, have as assets, cash or deposits in checking or savings accounts, or in any other form in banks, trust companies, or savings and loan associations which are not members of the Federal Deposit Insurance Corporation or Federal Savings and Loan Insurance Corporation."
Section 6. Said Code Title is further amended by striking in its entirety Code Section 56-1021, relating to foreign securities, and substituting in lieu thereof a new Code Section 56-1021 to read as follows:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

"56-1021. Foreign securities.--An insurer authorized to transact insurance in a foreign country may make investments in a manner consistent with the laws of such country, in the aggregate amount which is customary and necessary for the servicing of the insurance in force in such foreign country in securities or other investments within such foreign country possessing characteristics and of a quality similar to like investments required pursuant to this Chapter for investments in the United States of America. Canadian securities eligible for investment under other provisions of this Chapter are not subject to this section."
Section 7. Said Code Title is further amended by inserting in paragraph (a) of subsection (4) of Code Section 56-1522, relating to principal office of domestic insurers, after the word "states" and before the word "where" the following:
"or in territories, possessions, or foreign countries",
and by striking from said paragraph the word:
"territory",
and substituting in lieu thereof the word:
"jurisdiction",
so that when so amended subsection (4) of Code Section 56-1522 shall read as follows:
"(4) This section shall not be deemed to prohibit or prevent an insurer from:
(a) Establishing and maintaining branch offices or regional home offices in other states or in territories, possessions, or foreign countries where necessary or convenient to the transaction of its business and keeping therein the detailed records and assets customary and necessary for the servicing of the insurance in force in the jurisdiction served by such an office, as long as such records and assets are made readily available at such office for examination by the Commissioner at his request;

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(b) Having, depositing or transmitting funds and assets of the insurer in or to jurisdictions outside of this State as reasonably and customarily required in the regular course of its business."
Section 8. Said Code Title is further amended by inserting in subsection (1) of Code Section 56-1533, relating to prohibited pecuniary interest of officials, after the word "name" and before the symbol the following:
except as otherwise authorized by this Title",
so that when so amended subsection (1) of Code Section 56-1533 shall read as follows:
"(1) Any officer or director, or any member of any committee or an employee of a domestic insurer who is charged with the duty of investing or handling the insurer's funds shall not deposit or invest such funds except in the insurer's corporate name, except as otherwise authorized by this Title; shall not borrow the funds of such insurer; shall not be pecuniarily interested in any loan, pledge of deposit, security, investment, sale, purchase, exchange, reinsurance, or other similar transaction or property of such insurer except as a stockholder or member; shall not take or receive to his own use any fee, brokerage, commission, gift, or other consideration for or on account of any such transaction made by or on behalf of such insurer."
Section 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 10. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 25, 1980.

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JUDGMENTS -- INTEREST RATE ON JUDGMENTS.
Code Section 57-108 Amended.
No. 1131 (Senate Bill No. 439).
AN ACT
To amend Code Section 57-108, relating to interest on judgments, so as to change the rate of interest; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia;
Section 1. Code Section 57-108, relating to interest on judgments, is hereby amended by striking therefrom the word:
"lawful",
and by inserting in said section after the word, "recovered", and before the symbol, the following:
"at the rate of 12 percent per year",
so that when so amended Code Section 57-108 shall read as follows:
"57-108. Interest on judgments. All judgments in this State shall bear interest upon the principal amount recovered at the rate of 12 percent per year."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 25, 1980.

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MOTOR COMMON CARRIERS - RATES, ETC.
Code Section 68-510 Amended.
No. 1132 (Senate Bill No. 453).
AN ACT
To amend Code Section 68-510, relating to the fixing of rates, fares, and charges of motor carriers by the commission, as amended, so as to provide for joint rate-making and other procedures and for compliance therewith; to amend the "Motor Common Carriers Act of 1931," approved August 27, 1931 (Ga. Laws 1931, p. 199), as amended, so as to provide for joint rate-making and other procedures and for compliance therewith; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 68-510, relating to the fixing of rates, fares, and charges of motor carriers by the commission, as amended, is hereby amended by adding at the end thereof the following:
"In order to carry out the purposes of this section, including the publication and maintenance of just, reasonable, and nondiscriminatory rates and charges, the commission shall establish ratemaking procedures for all motor contract carriers, which procedures shall include, but not be limited to, collective rate-making procedures for the joint consideration, initiation, and establishment of such rates and charges. All motor contract carriers shall be required to comply with such rate-making procedures.",
so that when so amended said section shall read as follows:
"68-510. Rates, fares, and charges; commission to fix; filing of contracts. The commission shall prescribe just and reasonable rates, fares, and charges for transportation by motor carriers of passengers, baggage, and property, and for all services rendered by motor carriers in connection therewith, and the tariffs therefor shall be in such form, and shall be filed and published in such manner and on such notice as the commission may prescribe, and shall be subject to

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change on such notice and in such manner as the commission may prescribe. No such motor carrier shall contract to carry at a greater or less rate than prescribed by the commission, and all such contracts are hereby declared unlawful. Copies of all contracts of motor carriers with their patrons shall be filed with the commission. In order to carry out the purposes of this section, including the publication and maintenance of just, reasonable, and nondiscriminatory rates and charges, the commission shall establish ratemaking procedures for all motor contract carriers, which procedures shall include, but not be limited to, collective rate-making procedures for the joint consideration, initiation, and establishment of such rates and charges. All motor contract carriers shall be required to comply with such rate-making procedures."
Section 2. The "Motor Common Carrier Act of 1931," approved August 27, 1931 (Ga. Laws 1931, p. 199), as amended, is hereby amended by adding at the end of Section 8 thereof the following:
"In order to carry out the purposes of this section, including the publication and maintenance of just, reasonable, and nondiscriminatory rates and charges, the commission shall establish ratemaking procedures for all motor common carriers, which procedures shall include, but not be limited to, collective rate-making procedures for the joint consideration, initiation, and establishment of such rates and charges. All motor common carriers shall be required to comply with such rate-making procedures.",
so that when so amended said Section 8 shall read as follows:
"Section 8. The commission shall prescribe just and reasonable rates, fares, and charges for transportation by motor common carriers of passengers, baggage, and property and for all services rendered by motor common carriers in connection therewith; and the tariffs therefor shall be in such form, and shall be filed and published in such manner and on such notice, as the commission may prescribe, and shall be subject to change on such notice and in such manner as the commission may prescribe. In order to carry out the purposes of this section, including the publication and maintenance of just, reasonable, and nondiscriminatory rates and charges, the commission shall establish rate-making procedures for all motor common carriers, which procedures shall include, but not be limited I

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to, collective rate-making procedures for the joint consideration, initiation, and establishment of such rates and charges. All motor common carriers shall be required to comply with such rate-making procedures."
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 25, 1980.

PEACE OFFICERS ANNUITY AND BENEFIT FUND ACT AMENDED.
No. 1133 (Senate Bill No. 460).
AN ACT
To amend an Act creating the Peace Officers' Annuity and Benefit Fund, approved February 1, 1950 (Ga. Laws 1950, p. 50), as amended by an Act approved February 21, 1951 (Ga. Laws 1951, p. 472), an Act approved February 12, 1952 (Ga. Laws 1952, p. 81), an Act approved March 11, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 574), an Act approved January 5, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 488), an Act approved March 3, 1955 (Ga. Laws 1955, p. 387), an Act approved February 27, 1956 (Ga. Laws 1956, p. 314), an Act approved February 28, 1956 (Ga. Laws 1956, p. 280), an Act approved March 25, 1958 (Ga. Laws 1958, p. 341), an Act approved March 17, 1959 (Ga. Laws 1959, p. 330), an Act approved February 12, 1962 (Ga. Laws 1962, p. 39), an Act approved March 30, 1963 (Ga. Laws 1963, p. 386), an Act approved April 2, 1963 (Ga. Laws 1963, p. 262), an Act approved March 26, 1964 (Ga. Laws 1964, p. 757), an Act approved April 8, 1965 (Ga. Laws 1965, p. 593), an Act approved March 10, 1966 (Ga. Laws 1966, p. 395), an Act approved April 2, 1968 (Ga. Laws 1968, p. 536), an Act approved March 14, 1969 (Ga. Laws 1969, p. 74), an Act approved February 26, 1970 (Ga. Laws 1970, p. 93), an Act approved March 10, 1970 (Ga. Laws 1970, p. 199), an Act 36

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approved March 1, 1971 (Ga. Laws 1971, p. 12), an Act approved March 12, 1973 (Ga. Laws 1973, p. 57), an Act approved March 12, 1973 (Ga. Laws 1973, p. 63), an Act approved March 28, 1974 (Ga. Laws 1974, p. 1201), an Act approved March 28, 1974 (Ga. Laws 1974, p. 1204), an Act approved April 18, 1975 (Ga. Laws 1975, p. 578), an Act approved March 24, 1976 (Ga. Laws 1976, p. 580), an Act approved March 23, 1977 (Ga. Laws 1977, p. 682), an Act approved April 5, 1978 (Ga. Laws 1978, p. 1921), and an Act approved March 21, 1979 (Ga. Laws 1979, p. 430), so as provide that under certain conditions the Board may require a waiver by an applicant for membership in the Fund to disability benefits; to remove an obsolete subsection; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Peace Officers' Annuity and Benefit Fund, approved February 1, 1950 (Ga. Laws 1950, p. 50), as amended by an Act approved February 21, 1951 (Ga. Laws 1951, p. 472), an Act approved February 12, 1952 (Ga. Laws 1952, p. 81), an Act approved March 11, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 574), an Act approved January 5, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 488), an Act approved March 3, 1955 (Ga. Laws 1955, p. 387), an Act approved February 27, 1956 (Ga. Laws 1956, p. 314), an Act approved February 28, 1956 (Ga. Laws 1956, p. 280), an Act approved March 25, 1958 (Ga. Laws 1958, p. 341), an Act approved March 17, 1959 (Ga, Laws 1959, p. 330), an Act approved February 12, 1962 (Ga. Laws 1962, p. 39), an Act approved March 30, 1963 (Ga. Laws 1963, p. 386), an Act approved April 2, 1963 (Ga. Laws 1963, p. 262), an Act approved March 26, 1964 (Ga. Laws 1964, p. 757), an Act approved April 8, 1965 (Ga. Laws 1965, p. 593), an Act approved March 10, 1966 (Ga. Laws 1966, p. 395), an Act approved April 2, 1968 (Ga. Laws 1968, p. 536), an Act approved March 14, 1969 (Ga. Laws 1969, p. 74), an Act approved February 26, 1970 (Ga. Laws 1970, p. 93), an Act approved March 10, 1970 (Ga. Laws 1970, p. 199), an Act approved March 1, 1971 (Ga. Laws 1971, p. 12), an Act approved March 12, 1973 (Ga. Laws 1973, p. 57), an Act approved March 12, 1973 (Ga. Laws 1973, p. 63), an Act approved March 28, 1974 (Ga. Laws 1974, p. 1201), an Act approved March 28, 1974 (Ga. Laws 1974, p. 1204), an Act approved April 18, 1975 (Ga. Laws 1975, p. 578), an Act approved March 24, 1976 (Ga. Laws 1976, p.

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580), an Act approved March 23, 1977 (Ga. Laws 1977, p. 682), an Act approved April 5, 1978 (Ga. Laws 1978, p. 1921), and an Act approved March 21, 1979 (Ga. Laws 1979, p. 430), is hereby amended by striking Section 9 in its entirety and inserting in lieu thereof a new Section 9 to read as follows:
"Section 9. (a) Any peace officer as herein defined, in order to obtain membership in the Fund, shall make application to the Board upon an application blank to be furnished for that purpose by the Board. It shall be the duty of the employing authority to notify the Board within 30 days from the date a peace officer is employed, furnishing the name and mailing address of such peace officer. The Board shall furnish an application blank to such peace officer within 15 days after such notification. The application blank shall be accompanied by such material and information as will enable the peace officer to determine the benefits to be derived by virtue of his becoming a member of the Fund. When the peace officer makes application to become a member of the Fund, it must be accompanied by a report of a medical examination of such applicant, which report shall note the physical defects of such applicant. Such medical examination must have been made not more than 15 days prior to the date of such application. The Board, in its discretion, may provide for an examination by a physician of the Board's own choosing of the report of the medical examination of the applicant and shall also have the authority to require a medical examination of any applicant by a physician of the Board's own choosing. In addition to any other authority possessed by the Board to reject an application for membership, it is hereby given the authority to reject an application for membership for medical reasons. In the event such medical report reveals that the applicant has a preexisting physical defect, disease (either functional or organic), or deformity : (1) which may precipitate or cause a disabling injury, illness, or physical impairment; or (2) which may contribute to circumstances whereunder such applicant might reasonably be expected to be more likely to suffer or incur a disabling injury, illness, or physical impairment; the Board may, in its discretion, require as a precondition to membership in the Fund a waiver by the applicant of his or her right to disability benefits resulting from, caused by, or contributed to by such preexisting physical defect, disease (either functional or organic), or deformity. An applicant must furnish proof of the date of his birth and such proof shall be in such form as shall be required by the Board.

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(b) Beginning May 1, 1968, and thereafter, no peace officer who first makes application for membership in the Fund shall be given credit for any prior service and shall receive credit only from the date of his becoming a member of the Fund. No person becoming a peace officer on or after December 1, 1965, who is 45 years of age or older shall ever be eligible for membership in the Fund and for any annuity and benefits provided for in this Act.
(c) In addition to the requirements stated hereinbefore, an application for membership shall contain such other information as may be required by the Board. Any person who is a member of the Fund shall pay into the Fund the sum of $10.00 per month not later than the tenth day of the month for that month. Each member of the Fund shall be required to pay into the Fund the regular monthly amount for a minimum period of 20 years before being eligible to receive the retirement benefits provided for in this Act except that if such peace officer is eligible to retire under the provisions of this Act and so desires, he may retire and the Board shall deduct such monthly amount from his retirement benefits until he has paid into the Fund for such 20-year period."
Section 2. This Act shall become effective on April 1, 1980.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 25, 1980.

GEORGIA CIVIL PRACTICE ACT AMENDED ALTERNATE FORM OF SERVICE OF PROCESS.
No. 1135 (Senate Bill No. 486).
AN ACT
To amend an Act known as the "Georgia Civil Practice Act," approved March 18, 1966 (Ga. Laws 1966, p. 679), as amended, particularly by an Act approved April 8, 1968 (Ga. Laws 1968, p.

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1104), so as to provide an alternate form of service of process in certain cases; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act known as the "Georgia Civil Practice Act," approved March 18, 1966 (Ga. Laws 1966, p. 679), as amended, particularly by an Act approved April 8, 1968 (Ga. Laws 1968, p. 1104), is hereby amended by striking paragraph (6) of subsection (d) of Section 4, which reads as follows:
"(6) If the principal sum involved is less than two hundred ($200.00) dollars, by leaving a copy at the most notorious place of abode.",
and inserting in lieu thereof a new paragraph (6) to read as follows:
"(6) If the principal sum involved is less than $200.00, and if reasonable efforts have been made to obtain personal service by attempting to find some person residing at the most notorious place of abode of the defendant, then by securely attaching the service copy of the complaint in a conspicuously marked and waterproof packet to the upper part of the door of said abode and on the same day mailing by certified or registered mail an additional copy to the defendant at his last known address, if any, and making an entry of this action on the return of service."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 25, 1980.

SALE OF ALCOHOLIC BEVERAGES ON ELECTION DAYS REGULATED.
No. 1136 (Senate Bill No. 491).
AN ACT
To amend an Act amending the alcoholic beverage laws and the election laws of Georgia to define election days, approved March 31, 1972 (Ga. Laws 1972, p. 721), so as to provide that the prohibition against the giving or furnishing of alcoholic beverages to any person on election days shall not apply on property owned by political subdivisions for airport purposes if no person resides on such property; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act amending the alcoholic beverage laws and the election laws of Georgia to define election days, approved March 31, 1972 (Ga. Laws 1972, p. 721), is hereby amended by striking the period appearing at the end of the last sentence of quoted Section 1A of Section 1 and inserting in lieu thereof the following:
and for the purposes of such prohibition, such territorial boundaries shall not include any property owned by a county, municipality, or other political subdivision of this state for airport purposes if no person resides on such publicly owned property."
so that when so amended said quoted Section 1A shall read as follows:

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"Section 1A. Any provision of the law to the contrary notwithstanding, an election day for the purposes of the sale of alcoholic beverages, distilled spirits, malt beverages or wines, either in unbroken packages or by the drink for consumption on the premises, is hereby defined as that period of time beginning one hour prior to the opening of the polls and ending one hour after the closing of the polls. The prohibition against the giving or furnishing of alcoholic beverages, spirituous liquors, malt beverages or other intoxicating beverages to any person on election days shall apply only within the territorial boundaries for which the election is being held, and for the purposes of such prohibition, such territorial boundaries shall not include any property owned by a county, municipality, or other political subdivision of this state for airport purposes if no person resides on such publicly owned property."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 25, 1980.

GEORGIA PEACE OFFICER STANDARDS AND TRAINING ACT AMENDED - POLICE CHAPLAINS.
No. 1137 (Senate Bill No. 494).
AN ACT
To amend an Act known as the "Georgia Peace Officer Standards and Training Act," approved March 10, 1970 (Ga. Laws 1970, p. 208), as amended, so as to authorize the Georgia Peace Officer Standards and Training Council to develop a training program and standards for police chaplains; to provide for certificates; to provide for the suspension or revocation of certificates; to provide that the provisions relating to police chaplains shall not be mandatory; to repeal eonflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia:
Section 1. An Act known as the "Georgia Peace Officer Standards and Training Act," approved March 10, 1970 (Ga. Laws 1970, p. 208), as amended, is hereby amended by adding between Sections 6 and 7 a new section, to be designated Section 6A, to read as follows:
"Section 6A. (a) In addition to the other powers vested in the Georgia Peace Officer Standards and Training Council, the council may develop a training program and standards for certification of police chaplains. The council shall issue certificates to qualified police chaplains who desire to be certified and who meet the standards and complete the training program.
(b) The council may suspend or revoke the certification of any police chaplain who commits an offense or act set forth in subsection (g) of Section 6.
(c) The provisions of this section shall be optional for police chaplains, and a person who is not certified pursuant to this section shall not be prohibited from serving as a police chaplain."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 25, 1980.

MUNICIPAL ELECTRIC AUTHORITY OF GEORGIA AMENDED - TAX EXEMPTION REPEALED.
No. 1138 (House Bill No. 109).
AN ACT
To amend an Act to create the Municipal Electric Authority of Georgia as an institution of purely public charity performing an

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essential governmental function, approved March 18, 1975 (Ga. Laws 1975, p. 107), as amended, so as to eliminate the exemption from ad valorem taxes enjoyed with respect to certain property owned by the Authority; to provide legislative intent; to provide for editorial revision; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act to create the Municipal Electric Authority of Georgia as an institution of purely public charity performing an essential governmental function, approved March 18, 1975 (Ga. Laws 1975, p. 107), as amended, is hereby amended by striking Section 6 thereof in its entirety and substituting in lieu thereof a new Section 6 to read as follows:
"Section 6. Public Property; Payments in lieu of taxes, (a) It is hereby found, determined and declared that the creation of the Authority and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and that the Authority is an institution of purely public charity performing an essential governmental function.
(b) (1) The property of the Authority is hereby declared and shall in all respects be considered to be public property. Title to the Authority's property shall be held by the Authority only for the benefit of the public and the use of such property pursuant to the terms of this Act shall be and is hereby declared to be for essential public and governmental purposes, that is, for the promotion of public general welfare in the matter of providing an adequate, dependable, and economic electric power supply in an effort to better the general condition of society residing in the State of Georgia, which promotion is hereby declared to be a public beneficence for the good of humanity and for the general improvement and happiness of society.
(2) (A) It is recognized, however, that removal from local tax digests of the value of all property owned by the Authority might impose an unfair burden upon many taxpayers whose property is taxable. In the interest of weighing these benefits and concerns and arriving at an equitable policy regarding treatment of Authority property, the General

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GENERAL ACTS AND RESOLUTIONS, VOL. I

Assembly hereby finds and declares that equity requires that the exemption presently applicable to the Authority's property should remain in effect. However, the General Assembly also finds and declares that in the future the Authority should rightfully make payments in lieu of taxes so that the Authority may fulfill its good and public purposes without incidental harm to the State's local governments.
(B) With respect to tangible property owned by the Authority and included in its Project One and Project Two as those projects are now or hereafter constituted under the Authority's Power Revenue Bond Resolution and General Power Revenue Bond Resolution, and Supplemental Resolutions thereto, the Authority shall begin making payments in lieu of taxes in such manner and amounts as hereinafter provided in the earlier of the first year after all of the Bonds issued by the Authority to finance each such respective project have been fully redeemed, or in the year 2020.
(C) With respect to tangible property hereafter acquired or constructed by the Authority and not included in its Project One or Project Two, the Authority shall begin making payments in lieu of taxes in such manner and amounts as hereinafter provided, in the year 1981 or such later year as the Authority first acquires or constructs such property.
(D) In each year in which the Authority is hereby required to make payments in lieu of taxes, it shall file a return within the same time and in the same form and manner as public utilities. The taxing authorities shall assess the tangible property of the Authority which is hereby made subject to payments in lieu of taxes in accordance with the law and procedures applicable to public utilities, and shall apply to such assessments in each year in which any such payments are due the appropriate millage levies of the State and political subdivisions in which such property is located in order to arrive at the amounts of the respective payments in lieu of taxes. The Authority shall be notified of the amounts of the payments in lieu of taxes due, and shall pay such amounts to the State and respective political subdivisions within the time in which payments of taxes by public utilities are allowed or required.

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(c) Except as specifically provided herein for payments in lieu of taxes, all of the property of and income, obligations, and interest on the bonds and notes of the Authority and the transfer thereof shall be and hereby are declared to be nontaxable for any and all purposes by the State or any of its political subdivisions."
Section 2. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 25, 1980.

RIGHTS OF BLIND, VISUALLY HANDICAPPED AND DEAF PERSONS.
No. 1139 (House Bill No. 284).
AN ACT
To amend an Act providing for and declaring the rights of blind and visually handicapped persons to equal public accommodations and housing, approved April 28, 1975 (Ga. Laws 1975, p. 1639), so as to provide for the rights of deaf persons; to authorize deaf persons to be accompanied by guide dogs in certain circumstances; to

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declare the public policy concerning matters of public employment of deaf persons; to provide certain rights for blind persons operating vending stands; to change the provisions relating to penalties; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing for and declaring the rights of blind and visually handicapped persons to equal public accommodations and housing, approved April 28, 1975 (Ga. Laws 1975, p. 1639), is hereby amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:
"Section 1. Equal accommodations for blind and visually handicapped and deaf; unlawful to prohibit or interfere with; guide dog allowed to accompany.
(a) (1) The blind and the visually handicapped and the deaf are entitled to full and equal accommodations, advantages, facilities, and privileges on all common carriers, airplanes, motor vehicles, railroad trains, motor buses, street cars, boots or any other public conveyances or modes of transportation and at hotels, lodging places of public accommodation, amusement or resort, and other places to which the general public is invited, subject only to the conditions and limitations established by law and applicable alike to all persons.
(2) Every totally or partially blind person and every deaf person shall have the right to be accompanied by a guide dog, especially trained for the purpose, in any of the places listed in paragraph (1) without being required to pay an extra charge for the guide dog; however, he shall be liable for any damage done to the premises or facilities by such dog.
(3) Every totally or partially blind person operating a vending stand shall have the right to be accompanied by a trained guide dog in the location of his vending operation, provided that said guide dog remains 25 feet or more from any food.
(b) It is the policy of this State that the blind, the visually handicapped, the deaf and the otherwise physically disabled shall be

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employed in the service of the State or political subdivisions of the State, in the public schools, and in all other employment supported in whole or in part by public funds on the same terms and conditions as the able-bodied, unless it is shown that the particular disability prevents the performance of the work involved.
(c) Blind persons and visually handicapped persons and deaf persons shall be entitled to rent, lease, or purchase, as other members of the general public, all housing accommodations offered for rent, lease, or other compensation in this State, subject to the conditions and limitations established by law and applicable alike to all persons.
(1) `Housing accommodations' means any real property or portion thereof which is used or occupied, or intended, arranged, or designed to be used or occupied, as the home, residence, or sleeping place of one or more human beings, but shall not include any single family residence the occupants of which rent, lease, or furnish for compensation not more than one room therein.
(2) Nothing in this subsection shall require any person renting, leasing, or otherwise providing real property for compensation to modify his property in any way or provide a higher degree of care for a blind person or visually handicapped person or deaf person than for a person who is not so handicapped.
(3) Every totally or partially blind person and every deaf person who has a guide dog, or who obtains a guide dog, shall be entitled to full and equal access to all housing accommodations provided for in this Section, and he shall not be required to pay extra compensation for such guide dog. However, he shall be liable for any damage done to the premises by such guide dog.
(d) As used in this Act, `deaf person' means any person whose hearing is totally impaired or whose hearing is so seriously impaired as to prohibit the person from understanding oral communications when spoken in a normal conversational tone."
Section 2. Said Act is further amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

"Section 2. Penalty. Any person, firm, or corporation, or the agent of any person, firm, or corporation, who denies, or interferes with, admittance to or enjoyment of the facilities enumerated in subsections (a) and (c) of Section 1 or otherwise interferes with the rights of a totally or partially blind person or deaf person under this Act shall be guilty of a misdemeanor and be punished by a fine not to exceed one hundred dollars ($100.00) or by imprisonment for not more than ten (10) days, or by both such fine and imprisonment."
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 25, 1980.

UNIFORM COMMERCIAL CODE--SECURED TRANSACTIONS.
Code Chapter 109A-9 Amended.
No. 1140 (House Bill No. 492).
AN ACT
To amend Code Chapter 109A-9, known as "Uniform Commercial Code - Secured Transactions," approved February 27, 1962 (Ga. Laws 1962, p. 156), as amended, particularly by an Act approved March 24, 1978 (Ga. Laws 1978, p. 1081), so as to change the time within which a secured party must file a financing statement in order to take priority over the rights of other creditors between the time the security interest attaches and the time of filing; to provide that a purchase money security interest has priority over a conflicting security interest if the purchase money security interest is perfected within a certain period of time; to provide that the secured party must file a termination statement with the filing officer when he no longer claims a security interest under a financing statement; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:

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Section 1. Code Chapter 109A-9, known as "Uniform Commercial Code - Secured Transactions," approved February 27, 1962 (Ga. Laws 1962, p. 156), as amended, particularly by an Act approved March 24, 1978 (Ga. Laws 1978, p. 1081), is hereby amended by striking subsection (2) of Code Section 109A-9-301, relating to persons who take priority over unperfected security interests and right of "lien creditor," in its entirety and inserting in lieu thereof a new subsection (2), to read as follows:
"(2) If the secured party files with respect to a purchase money security interest before or within fifteen days after the debtor receives possession of the collateral, he takes priority over the rights of a transferee in bulk or of a lien creditor which arise between the time the security interest attaches and the time of filing."
Section 2. Said Code Chapter is further amended by striking subsection (4) of Code Section 109A-9-312, relating to priorities among conflicting security interests in the same collateral, in its entirety and inserting in lieu thereof a new subsection (4), to read as follows:
"(4) A purchase money security interest in collateral other than inventory has priority over a conflicting security interest in the same collateral or its proceeds if the purchase money security interest is perfected at the time the debtor receives possession of the collateral or within fifteen days thereafter."
Section 3. Said Code Chapter is further amended by striking subsection (1) of Code Section 109A-9-404, relating to the termination of financing statements, in its entirety and inserting in lieu thereof a new subsection (1) to read as follows:
"(1) Whenever there is no outstanding secured obligation and no commitment to make advances, incur obligations or otherwise give value, the secured party shall file a termination statement with each filing officer with whom the financing statement was filed to the effect that he no longer claims a security interest under the financing statement, which shall be identified by file number. A termination statement signed by a person other than the secured party of record must be accompanied by a separate written statement of assignment signed by the secured party of record and complying with subsection (2) of section 109A-9-405, including payment

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of the required fee. If the affected secured party fails to send such a termination statement within 60 days after the debt has been paid in full, he shall be liable to the debtor for $100.00 and, in addition, for any loss caused to the debtor by such failure."
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 25, 1980.

STATEWIDE PROBATION ACT AMENDED.
No. 1141 (House Bill No. 711).
AN ACT
To amend an Act known as the Statewide Probation Act, approved February 8, 1956 (Ga. Laws 1956, p. 27), as amended, particularly by an Act approved March 28, 1972 (Ga. Laws 1972, p. 604), so as to reenact certain provisions relating to probation and suspended sentences; to repeal certain provisions relating to sentencing for the crime of bastardy which crime no longer exists in this State; to provide that a sentence for child abandonment may be suspended more than once; to provide that the terms and conditions of a suspended sentence for child abandonment may be reviewed and changed by the sentencing court until the abandoned child reaches majority; to provide that such power to change such terms and conditions shall extend to the power to change the amount of support paid by the sentenced person for the abandoned child or children; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:

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Section 1. An Act known as the Statewide Probation Act, approved February 8, 1956 (Ga. Laws 1956, p. 27), as amended, particularly by an Act approved March 28, 1972 (Ga. Laws 1972, p. 604), is hereby amended by striking Section 8 in its entirety and inserting in lieu thereof a new Section 8 to read as follows:
"Section 8. (a) Any court of this State which has original jurisdiction of criminal actions, except juvenile courts, municipal courts and probate courts where the defendant in a criminal case has been found guilty upon verdict or plea, or who has been sentenced upon a plea of nolo contendere, except for an offense punishable by death or life imprisonment, may, at a time to be determined by the court, hear and determine the question of the probation of such defendant.
(b) Prior to such hearing, the court may refer the case to the circuit probation supervisor of the circuit in which such court is located for investigation and recommendation. The court, upon such reference, shall direct the supervisor to make an investigation and report to the court in writing at a specified time upon the circumstances of the offense and the criminal record, social history and present condition of the defendant, together with such supervisor's recommendation, and it shall be the duty of the supervisor to carry out the directive of the court.
(c) If it appears to court upon a hearing of the matter that the defendant is not likely to engage in a criminal course of conduct and that the ends of justice and the welfare of society do not require that the defendant shall presently suffer the penalty imposed by law, the court in its discretion shall impose sentence upon such defendant but may stay and suspend the execution of such sentence or any portion thereof, or may place him upon probation under the supervision and control of the circuit probation supervisor for the duration of such probation. The period of probation or suspension shall not exceed the maximum sentence of confinement which could be imposed upon such defendant except as provided in subsection (d).
(d) (1) In a prosecution for and conviction of the offense of abandonment, the trial court may suspend the service of the sentence imposed in the case upon such terms and conditions as it may prescribe for the support by the defendant of the child or children abandoned, respectively, during the minority of such child or children, respectively, and service of such sentence

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GENERAL ACTS AND RESOLUTIONS, VOL. I

when so suspended shall not begin unless and until ordered by the court having jurisdiction thereof, after a hearing as in cases of revocation of probated sentences, because of the failure or refusal of the defendant to comply with the terms and conditions upon which service of such sentences was suspended.
(2) Service of any sentence so suspended in abandonment cases may be ordered by the court having jurisdiction thereof at any time before such child or children, respectively, reach the age of majority, after a hearing as hereinbefore provided and a finding by such court that the defendant has failed or refused to comply with the terms and conditions upon which service of such sentence was suspended by the court having jurisdiction thereof.
(3) Notwithstanding any other provisions of law, in abandonment cases where the suspension of sentence has been revoked and the defendant is serving the sentence, the court may thereafter again suspend the service of sentence under the same terms and conditions as the original suspension. The sentence shall not be considered probated and the defendant shall not be on probation, but such defendant shall again be under a suspended sentence. However, the combined time of incarceration of the defendant during periods of revocation of suspended sentences shall not exceed the maximum period of punishment for the offense.
(4) Notwithstanding any other provision of law to the contrary, the terms and conditions prescribed by the court as to support by the defendant shall be subject to review and modification by the court upon notice and hearing to the defendant as to the ability of the defendant to furnish support and as to the adequacy of the present support payments to the child's or children's needs. The aforementioned review as to the ability of the defendant to furnish support and as to the adequacy of the present support payments to the child's or children's needs shall not be had in less than two-year intervals and shall authorize the court to increase as well as decrease the amount of child support to be paid as a term and condition of the sentence so suspended, and such review as to ability to support and adequacy of support shall not be equivalent to a hearing held in cases of revocation of probated sentences for purposes of service of the suspended sen-

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tence; nor shall such modification, if any, be deemed a change in sentence; nor shall such modification, if any, be deemed to change the suspended sentence to a probated sentence.
(e) The court may, in its discretion, require the payment of a fine or costs or both as a condition precedent to probation.
(f) During the interval between the conviction or plea and the hearing to determine the question of probation, the court may, in its discretion, either order the confinement of the defendant without bond or may permit his release on bond, which shall be conditioned on his appearance at the hearing and which shall be subject to the same rules as govern appearance bonds. Any time served in confinement shall be considered a part of the sentence of the defendant.
(g) The sentencing judge shall not lose jurisdiction over any person placed on probation during the term of said probated sentence, and such judge is hereby empowered to revoke any or all of said probated sentence, rescind any or all of said sentence, or in any manner deemed advisable by said judge to modify or change said probated sentence at any time during the period of time originally described for the probated sentence to run."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 25, 1980.

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HOSPITAL AUTHORITIES - REVENUE ANTICIPATION CERTIFICATES.
Code Chapter 88-18 Amended.
No. 1142 (House Bill No. 813).
AN ACT
To amend Code Chapter 88-18, relating to hospital authorities, as amended, so as to provide that an amount of money not exceeding fifteen percent (15%) of the principal amount of a revenue anticipation certificate issue may be funded as a part of such issue and set aside from the proceeds of sale of such issue for the purpose of establishing a debt service reserve with respect to such issue; to authorize the issuance of revenue anticipation certificates for the purpose of paying off or refinancing outstanding debts or obligations of persons to whom an Authority leases facilities in furtherance of its public purposes; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Chapter 88-18, relating to hospital authorities, as amended, is hereby amended by striking subsection (g) of Section 88-1805 which reads as follows:
"(g) To lease for any number of years up to a maximum of 40 years for operation by others, any project hereafter established, provided the Authority shall have first determined that such lease will promote the public health needs of the community by making additional facilities available in the community and the Authority shall have retained sufficient control over any project so leased so as to insure that the lessee will not in any event obtain more than a reasonable rate of return on its investment in the project which said reasonable rate of return if and when realized by such lessee shall not contravene in any way the mandate set forth in Section 88-1806 of this Chapter specifying that no Authority shall operate or construct any project for profit, and provided further that any such lessee shall have agreed in the lease to pay rent sufficient in each year to pay the principal of and the interest on any revenue anticipation certificates proposed to be issued to finance the cost of the

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construction or acquisition of any such project and the amount necessary in the opinion of the Authority to be paid each year into any reserve funds which the Authority may deem advisable to be established in connection with the retirement of the proposed revenue anticipation certificates and the maintenance of the project and any such lease shall further provide that the cost of all insurance with respect to the project and the cost of maintaining and repairing the same shall be borne by the lessee. The powers herein granted shall be unaffected by the language set forth in (k) below or any implications arising therefrom unless grants of assistance have been received by the Authority with respect to such project in which case approval in writing as set forth in (k) below shall be obtained prior to leasing to others within 20 years after completion of construction. Any revenues derived by the Authority out of any such lease shall be applied by the Authority to the payment of any revenue anticipation certificates issued in connection with the acquisition and construction of the project or for other expenses in connection with acquiring, financing, maintaining, expanding, operating or equipping the project.",
in its entirety and substituting in lieu thereof a new subsection (g) to read as follows:
"(g) To lease for any number of years up to a maximum of forty years for operation by others any project, provided the Authority shall have first determined that such lease will promote the public health needs of the community by making additional facilities available in the community and/or by lowering the cost of health care in the community and the Authority shall have retained sufficient control over any project so leased so as to insure that the lessee will not in any event obtain more than a reasonable rate of return on its investment in the project which said reasonable rate of return if and when realized by such lessee shall not contravene in any way the mandate set forth in Section 88-1806 of this Chapter specifying that no Authority shall operate or construct any project for profit, and provided further that any such lessee shall have agreed in the lease to pay rent sufficient in each year to pay the principal of and the interest on any revenue anticipation certificates proposed to be issued to finance the cost of the construction or acquisition of any such project and/or to pay off or refinance, in whole or in part, any outstanding debt or obligation of the lessee (including any redemption or prepayment premium due thereon)

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which was incurred in connection with the acquisition and/or construction of facilities of such lessee and the amount necessary in the opinion of the Authority to be paid each year into any reserve funds which the Authority may deem advisable to be established in connection with the retirement of the proposed revenue anticipation certificates and the maintenance of the project and any such lease shall further provide that the cost of all insurance with respect to the project and the cost of maintaining and repairing the same shall be borne by the lessee. In carrying out a refinancing plan with regard to any outstanding debt or obligation of the lessee which was incurred in connection with the acquisition and/or construction of facilities of such lessee, the Authority may use proceeds of any revenue anticipation certificates issued for such purpose to acquire such outstanding debt or obligation, in whole or in part, and may itself or through a fiduciary or agent hold and pledge such acquired debt or obligation as security for the payment of such revenue anticipation certificates. The powers herein granted shall be unaffected by the language set forth in (k) below or any implications arising therefrom unless grants of assistance have been received by the Authority with respect to such project in which case approval in writing as set forth in (k) below shall be obtained prior to leasing to others within twenty years after completion of construction. Any revenues derived by the Authority out of any such lease shall be applied by the Authority to the payment of any revenue anticipation certificates issued in connection with the acquisition and construction of the project and/or the payment, in whole or in part, of any outstanding debt or obligation of the lessee which was incurred in connection with the acquisition and/or construction of facilities of such lessee (including any redemption or prepayment premium due thereon) or to the payment of any other expenses incurred in connection with acquiring, financing, maintaining, expanding, operating, or equipping the project."
Section 2. Said Code Chapter is further amended by striking Section 88-1807 which reads as follows:
"88-1807. Revenue anticipation certificates; issuance; types; security. Every authority is hereby authorized to provide by resolution for the issuance and sale of negotiable revenue anticipation certificates for the purpose of paying all or any part of the cost of the acquisition, construction, alteration, repair, modernization, and other charges incident thereto in connection with any facilities or

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project as herein defined, and to pay off or re-finance any outstanding debt or obligation of any nature owed by such authority, and shall likewise have power to issue refunding certificates. Such authorities may issue such types of certificates as may be determined by the authority, including certificates on which principal and interest are payable:
(a) exclusively from incomes or revenues of the operation of the authority financed with the proceeds of such certificates or together with such proceeds and grants from the Federal Government, or any instrumentality, or other person or corporation in aid of such projects;
(b) exclusively from income and revenues of certain designated projects; or
(c) from revenues of the authority generally. Any such certificate may be additionally secured by the hypothecation of any revenues received from participating units or subdivisions and by mortgage of the project or any part thereof constituting real or personal property of the authority, except as prohibited by law.",
in its entirety and substituting in lieu thereof a new Section 88-1807 to read as follows:
"88-1807. Revenue anticipation certificates; issuance; types; security, (a) Every Authority is hereby authorized to provide by resolution for the issuance and sale of negotiable revenue anticipation certificates for the purpose of:
(1) paying all or any part of the cost of the acquisition, construction, alteration, repair, modernization, and other charges incident thereto in connection with any facilities or project as herein defined,
(2) paying all or any part of the cost of paying off or refinancing any outstanding debt or obligation of any nature owed by such Authority or by persons who in furtherance of the Authority's public purposes lease facilities from such Authority pursuant to the provisions of this Chapter, provided that such outstanding debt or obligation was incurred in connection with the acquisition and/or construction of facilities of the Authority or any such lessee, and

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(3) refunding outstanding certificates.
(b) In addition to paying from the proceeds of any revenue anticipation certificate issue interest during the construction period of any project and other incidental and customary expenses such as those for engineering, inspections, and fiscal and legal services, the Authority may fund as a part of such issue and set aside from the proceeds thereof an amount of money not exceeding fifteen percent (15%) of the principal amount of such issue for the purpose of establishing a debt service reserve with respect to the principal and interest requirements of such issue. Such Authorities may issue such types of certificates as may be determined by the Authority, including certificates on which principal and interest are payable:
(1) exclusively from income or revenues of the operation of the Authority financed with the proceeds of such certificates or together with such proceeds and grants from the federal government, or any instrumentality, or other person or corporation in aid of such projects;
(2) exclusively from income and revenues of certain designated projects; or
(3) from revenues of the Authority generally, including any debt service reserve established with a portion of the certificate proceeds. Any such certificate may be additionally secured by the hypothecation of any revenues received from participating units or subdivisions and by mortgage of the project or any part thereof constituting real or personal property of the Authority, except as prohibited by law."
Section 3. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

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Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 25, 1980.

WORKERS' COMPENSATION LAW AMENDED EMPLOYER DEFINED, ETC.
Code Chapter 114-1 Amended.
No. 1143 (House Bill No. 831).
AN ACT
To amend Code Chapter 114-1, relating to definitions and construction and operation of the Workers' Compensation Law, as amended, so as to change the definition of the term "employer"; to change the provisions relating to other remedies excluded by this law; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia;
Section 1. Code Chapter 114-1, relating to definitions and construction and operation of the Workers' Compensation Law, as amended, is hereby amended by striking in its entirety the first paragraph of Code Section 114-101 and inserting in lieu thereof a new paragraph to read as follows:
"`Employer' shall include the State of Georgia and all departments, instrumentalities and authorities thereof, each county within the State including its school district, each independent public school district, any municipal corporation within the State and any political division thereof, any individual, firm, association or public

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or private corporation engaged in any business, except as hereinafter provided, and the receiver or trustee of the same, any electric membership corporation organized under Chapter 34B-1 of the Code of Georgia or other cooperative corporation engaged in rural electrification, including electric refrigeration cooperatives, any telephone cooperative organized under Chapter 104-3, or other cooperative or nonprofit corporation engaged in furnishing telephone service, and the legal representative of a deceased employer, using the service of another for pay and any person who, pursuant to a contract or agreement with an employer as herein defined, provides workers' compensation benefits to an injured employee, notwithstanding the fact that no common law, master-servant relationship or contract of employment exists between the injured employee and the person providing such benefits. If the employer is insured, this term shall include his insurer as far as applicable."
Section 2. Said Code Chapter is further amended by striking in its entirety the proviso at the end of Code Section 114-103 and inserting in lieu thereof a new proviso to read as follows:
"Provided, however, that no employee shall be deprived of any right to bring an action against any third-party tortfeasor, except employees of the same employer or any person who, pursuant to a contract or agreement with an employer as defined in 114-101, provides workers' compensation benefits to an injured employee, notwithstanding the fact that no common law, master-servant relationship or contract of employment exists between the injured employee and the person providing such benefits.",
so that when so amended, Code Section 114-103 shall read as follows:
"114-103. Other remedies excluded by this law. The rights and the remedies herein granted to an employee shall exclude all other rights and remedies of such employee, his personal representative, parents, dependents, or next of kin, at common law or otherwise, on account of such injury, loss of service or death: Provided, however, that no employee shall be deprived of any right to bring an action against any third-party tortfeasor, except employees of the same employer or any person who, pursuant to a contract or agreement with an employer as defined in 114-101, provides workers' compensation benefits to an injured employee, notwithstanding the fact that

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no common law, master-servant relationship or contract of employment exists between the injured employee and the person providing such benefits."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 25, 1980.

CRIMES -& BAD CHECKS.
Code Section 26-1704 Amended.
No. 1144 (House Bill No. 842).
AN ACT
To amend Code Section 26-1704, relating to bad checks, so as to set forth the punishment provisions upon conviction of criminal issuance of bad checks; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 26-1704, relating to bad checks, is hereby amended by striking in its entirety subsection (b), which reads as follows:
"(b) Except as provided in subsection (c), a person who commits criminal issuance of a bad check shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. ' ',

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GENERAL ACTS AND RESOLUTIONS, VOL. I

and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Except as provided in subsection (c), a person convicted of the crime of criminal issuance of a bad check, as provided in subsection (a) above, shall be punished as for a misdemeanor; provided, however, that
(1) upon conviction of a second such offense, the defendant shall be fined not less than fifty dollars, which sentence shall not be suspended, probated, deferred or withheld;
(2) upon conviction of a third offense, the defendant shall be fined not less than one hundred dollars or shall be imprisoned for not less than thirty days, which sentence shall not be suspended, probated, deferred or withheld;
(3) upon conviction of a fourth or subsequent such offense, the defendant shall be imprisoned for not less than thirty days, which sentence shall not be suspended, probated, deferred or withheld;
(4) upon conviction of a first and any subsequent offense, in addition to the punishment hereinabove, the defendant shall be required to make restitution of the amount of the check, together with all costs incurred in bringing a complaint under this Section."
Section 2. Said Code Section is further amended by adding immediately following subsection (f) thereof a new subsection, to be designated subsection (g), to read as follows:
"(g) The provisions of this Code Section shall in no way affect the authority of a sentencing judge to provide for a sentence to be served on weekends or during the nonworking hours of the defendants as provided in Code Section 27-2506, relative to punishment for misdemeanors."
Section 3. Said Code Section is further amended by adding immediately following subsection (g) a new subsection to be designated subsection (h), to read as follows:

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"(h) As used in this Section, the term conviction shall include the entering of a guilty plea, the entering of a plea of nolo contendere or the forfeiting of bail."
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 25, 1980.

INVESTIGATIONS, ETC. BY FAMILY AND CHILDREN SERVICES AGENCIES.
No. 1145 (House Bill No. 1062).
AN ACT
To provide for investigations and reports by family and children services agencies in certain contested child custody proceedings; to provide conditions; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. On motion of either party in any action or proceeding involving determination of the award of child custody between parents of the child, when such motion contains a specific recitation of actual abuse, neglect, or other overt acts which have adversely affected the health and welfare of the child, the court may direct the appropriate family and children services agency or any other appropriate entity to investigate the home life and home environment of each of the parents. The court may also direct either party to pay to such agency the reasonable cost, or any portion thereof, of such investigation. The report of such investigation will be made to the court directing the investigation. Provided, however, any report made at the direction of the court shall be made available to either or both parties for a reasonable period of time prior to the proceedings at which any temporary or permanent custody is to be deter-

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mined. Provided, further, both parties shall have the right to confront and cross-examine the person or persons who conducted the investigation or compiled the report if adequate and legal notice is made.
Section 2. The provisions of this Act shall apply only with respect to actions or proceedings in which the issue of child custody is contested and this Act is not intended to alter or repeal the Act providing for the confidentiality of records concerning reports of child abuse and neglect as reflected in Acts 1975, pp. 1135, 1136.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 25, 1980.

GEORGIA PLANT FOOD ACT OF 1970 AMENDED.
No. 1146 (House Bill No. 1142).
AN ACT
To amend an Act known as the "Georgia Plant Food Act of 1970,'''. approved March 23, 1970 (Ga. Laws 1970, p. 609), as amended by an Act approved February 21, 1978 (Ga. Laws 1978, p. 218), so as to redefine the term "registrant"; to change the provisions relating to registration of companies guaranteeing commercial fertilizer; to provide for registration of specialty fertilizers; to change the requirements for labeling of commercial fertilizer; to change the formula for computation of penalties for deficient fertilizers; to provide for cancellation of registration of registrants under certain conditions; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:

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Section 1. An Act known as the "Georgia Plant Food Act of 1970," approved March 23, 1970 (Ga. Laws 1970, p. 609), as amended by an Act approved February 21, 1978 (Ga. Laws 1978, p. 218), is hereby amended by striking from Section 3 definition Q and inserting in its place a new definition Q to read as follows:
"Q. The term `registrant' means the person who guarantees commercial fertilizer under the provisions of this Act."
Section 2. Said Act is further amended by striking in its entirety Section 4 and inserting in its place a new Section 4 to read as follows:
"Section 4. (A) Each company guaranteeing commercial fertilizer marketed in Georgia must register with the state. The application for registration shall be submitted to the Commissioner on forms furnished by the Commissioner. Upon approval by the Commissioner a copy of the registration shall be furnished the applicant.
(B) All brands and grades of specialty fertilizer offered for sale, sold or distributed in this State shall be registered on forms furnished by the Commissioner. Specialty fertilizer sold in packages of 10 pounds or less shall pay an annual fee of $50.00 per product. Such registrations of specialty fertilizer shall be considered permanent unless a change in or deviation from the information filed with the Commissioner changes such registration.
(C) Any person, wishing to become a registrant, shall before engaging in such business secure a license or a renewal thereof from the Commissioner of Agriculture. The application for such license shall be on forms furnished by the Commissioner submitting such information as the Commissioner may prescribe, at an annual fee in accordance with the following schedule:

Tonnage Volume of Fertilizer Registrant
0- 5,000 Tons 5,001-25,000 Tons More than 25,000 Tons

License Fee
$ 50 $100 $200

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A new registrant shall pay a license fee of $50.00. Thereafter the fee shall be based on the tonnage volume of such registrant in accordance with the above scale. The tonnage shall be determined from the monthly tonnage reports filed by the registrant with the Commissioner in accordance with this Act. Said license must be renewed annually and fees shall be paid by the first day of July of each calendar year. Such license may be revoked for cause after due notice and public hearing for a violation of any provisions of this Act or any rules or regulations adopted by the Commissioner."

Section 3. Said Act is further amended by striking in its entirety Section 5 and inserting in its place a new Section 5 to read as follows:

"Section 5. Labeling (A) All commercial fertilizer distributed in this State in containers shall have placed on or affixed to the container a label setting forth in clearly legible and conspicuous form the following information:

(1) The net weight.

(2) The brand and grade.

(3) The guaranteed analysis.

(4) The name and address of the registrant.

(5) The source from which all plant nutrients are derived if guaranteed, claimed, or advertised.

Where the product is not actually mixed by the registrant, the name of the registrant on the label may be further qualified by either of the following statements:

1. Made for

Name of registrant.

2. Distributed by

Name of registrant.

(B) If distributed in bulk, a written or printed statement of the information required by items (1), (2), (3), (4), and (5) of paragraph (A) of Section 5 shall accompany delivery and be supplied to the purchaser at time of delivery."

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Section 4. Said Act is further amended by striking from the first paragraph of subsection (A) of Section 8 the words "sale price" and inserting in their place the words "commercial value", so that when so amended said paragraph shall read as follows:

"(A) Penalty for nitrogen, P2Os and K20--If the official sample shall show that a commercial fertilizer is deficient in one or more of its guaranteed primary plant foods (N, P2Os, K20) beyond the investigational allowances hereinafter set forth, the penalty shall be 10 percent of the commercial value plus two times the difference in the found commercial value and the guaranteed commercial value."

Section 5. Said Act is further amended by striking from the first sentence of Section 11 the words "Each person registering" and inserting in their place the words "Each registrant selling", so that when so amended said sentence shall read as follows:
"Each registrant selling commercial fertilizer under this Act shall furnish the Commissioner with a confidential statement of the net tons sold of each grade of fertilizer by county by him in this State for the monthly period ending the last day or last accounting day of each month."
Section 6. Said Act is further amended by striking in its entirety Section 13 and inserting in its place a new Section 13 to read as follows:
"Section 13. Cancellation of Registration. The Commissioner is authorized and empowered to cancel the registration of any registrant upon satisfactory evidence that the registrant has used fraudulent or deceptive practices in the evasions or attempted

37

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GENERAL ACTS AND RESOLUTIONS, VOL. I

evasions of the provisions of this Act or any rules and regulations promulgated thereunder: provided that no registration shall be revoked until the registrant shall have been notified of the time and place of the hearing and given an opportunity to appear and be heard by the Commissioner or his authorized representative."
Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 8. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 25, 1980.

RECOVERY IN WRONGFUL DEATH ACTIONS.
Code Section 74-108 Amended. Code Chapter 105-13 Amended.
No. 1147 (House Bill No. 1199).
AN ACT
To amend Code Section 74-108, relating to parental power and recovery for wrongful death of a child, as amended, so as to provide who may recover for the death of a child who leaves no spouse or child; to amend Code Chapter 105-13, relating to wrongful death, so as to incorporate by reference said Code Section 74-108 and so as to provide the circumstances under which an administrator or executor may sue; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section L Code Section 74-108, relating to parental power and recovery for wrongful death of a child, as amended, is hereby amended by striking subsection (b), which reads as follows:

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"(b) The parents, when not divorced, may recover for the homicide of a child, minor or sui juris, unless said child shall leave a wife, husband, or child. The parents shall be entitled to recover the full value of the life of such child. If either parent is deceased, the surviving parent shall be entitled to recover the full value of the life of such child. If the parents are divorced, the parent with custody of the child may recover for the homicide of the child. In suits for recovery, the illegitimacy of the child shall be no bar to recovery.",
and inserting in its place a new subsection (b) to read as follows:
"(b) (1) In every case of the homicide of a child, minor or sui juris, there shall be some party entitled to recover the full value of the life of the child either as provided in this section or as provided in Chapter 105-13.
(2) If the deceased child does not leave a spouse or child, the right of recovery shall be in the parent or parents, if any, given such a right by this paragraph.
(A) If the parents are living together and not divorced, such right shall be in the parents jointly.
(B) If either parent is deceased, such right shall be in the surviving parent.
(C) If both parents are living but divorced, separated, or living apart, such right shall be in both parents. Provided, however, in the event the parents are divorced, separated, or living apart and one parent refuses to proceed or cannot be located to proceed to recover for the wrongful death of a child, then, in either of these events, the other parent shall have the right to contract for representation on behalf of both parents, thereby binding both parents, and to proceed on behalf of both parents to recover for the homicide of the child with any ultimate recovery to be shared by the parents as if they were not separated or living apart. Such a judgment shall be divided between the parents by the judgment; and the share of an absent parent shall be held for such time, on such terms, and with such direction for payment if the absent parent is not found as the judgment directs. Payment of a judgment awarded to the

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parent or parents having the cause of action hereunder or the execution of a release by a parent or parents having a cause of action hereunder shall constitute a full and complete discharge of the judgment debtor or releasee. If, after two years from the date of any recovery, the share of an absent parent has not been paid to said absent parent, then, in that event, the other parent can petition the court for said funds, and said recovery, under appropriate court order, shall be paid over to the parent that proceeded to recover.
(3) The intent of this section is to provide a right of . recovery in every case of the homicide of a child who does not
leave a spouse or child. If in any case there is no right of action in a parent or parents under the above rules, then such right of recovery shall be determined by Section 105-1309.
(4) In this section the terms `homicide' and `full value of the life' shall have the meaning given them in Chapter 105-13.
(5) In suits for recovery, the illegitimacy of the child shall be no bar to recovery."
Section 2. Code Chapter 105-13, relating to wrongful death, as amended, is hereby amended by adding a new Section 105-1307 to read as follows:
"105-1307. Homicide of a child. The right to recover for homicide of a child shall be as provided in Section 74-108."
Section 3. Said Code chapter is further amended by adding following the word "Chapter" in Section 105-1309 the following:
"or of Code Section 74-108",
so that when so amended said section shall read as follows:
"105-1309. Recovery by administrator of decedent.--In cases where there is no person entitled to sue under the foregoing provisions of this Chapter or of Code Section 74-108, the administrator or executor of the decedent may sue for and recover and hold the amount recovered for the benefit of the next of kin. In any such case the amount of the recovery shall be the full value of the life of the decedent."

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Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 25, 1980.

COMPENSATION OF SECRETARIES OF DISTRICT ATTORNEYS IN CERTAIN JUDICIAL CIRCUITS (103.000 - 135.000).
No. 1148 (House Bill No. 1200).
AN ACT
To amend an Act creating the office of assistant district attorney in each judicial circuit having a population of not less than 103,000 and not more than 135,000, according to the United States decennial census of 1970, or any future such census, approved March 31, 1976 (Ga. Laws 1976, p. 3584), as amended by an Act approved March 23, 1977 (Ga. Laws 1977, p. 728), so as to change the provisions relating to the compensation of the secretary provided for by such Act; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the office of assistant district attorney in each judicial circuit having a population of not less than 103,000 and not more than 135,000, according to the United States decennial census of 1970, or any future such census, approved March 31, 1976 (Ga. Laws 1976, p. 3584), as amended by an Act approved March 23, 1977 (Ga. Laws 1977, p. 728), is hereby amended bv striking from Section 2 the following:

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"$7,200 per annum",
and inserting in lieu thereof the following:
"the amount which is paid to the secretaries of superior court judges pursuant to the provisions of Section IB of an Act fixing the salaries of the judges of superior courts and for other purposes, approved March 7, 1957 (Ga. Laws 1957, p. 273), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 668)",
so that when so amended said section shall read as follows:
"Section 2. In addition to any secretary employed by the District Attorney on the effective date of this Act, the District Attorney of each such judicial circuit is hereby authorized to employ one additional secretary and to prescribe her duties. Such secretary shall serve at the pleasure of the District Attorney. Such secretary shall be compensated in an amount to be fixed by the District Attorney at not more than the amount which is paid to the secretaries of superior court judges pursuant to the provisions of Section IB of an Act fixing the salaries of the judges of superior courts and for other purposes, approved March 7, 1957 (Ga. Laws 1957, p. 273), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 668)."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 25, 1980.

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ACT PROVIDING FOR LIABILITY OF CORPORATE SURETIES AMENDED - "OBLIGEE" DEFINED.
No. 1149 (House Bill No. 1209).
AN ACT
To amend an Act providing for the liability of corporate sureties for damages and attorney's fees arising out of bad faith refusal to remedy a default covered by, or otherwise commence performance in accordance with the terms of a contract of suretyship, approved April 17, 1973, (Ga. L. 1973, p. 825), so as to include the refusal of a corporate surety to make payment to an obligee and so as to expand the term "obligee" to include any obligee or beneficiary pursuant to the terms of any contract of suretyship; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An act providing for the liability of corporate sureties for damages and attorney's fees arising out of bad faith refusal to remedy a default covered by, or otherwise commence performance in accordance with the terms of a contract of suretyship, approved April 17, 1973, (Ga. L. 1973, p. 825), is hereby amended by inserting the words "to make payment to any obligee under," following the words "of a default covered by," in Section 1; by inserting the words "or demand for payment" following the words "notice of default" in Section 1; by adding at the end of Section 1 a new sentence to read as follows:
"Provided, further, for the purposes of this act the term `obligee' shall include any obligee or beneficiary pursuant to the terms of the contract of suretyship."
so that when amended, Section 1 of said Act shall read as follows:
"Section 1. In the event of the refusal of a corporate surety to commence the remedy of a default covered by, to make payment to an obligee under, or otherwise commence performance in accordance with, the terms of a contract of suretyship within 60 days after receipt from the obligee of a notice of default or demand for payment, and upon a finding that such refusal was in bad faith, the

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surety shall be liable to pay such obligee in addition to the loss not more than 25 percent of the liability of the surety for the loss and all reasonable attorney's fees for the prosecution of the case against the surety. The amount of such reasonable attorney's fees shall be determined by the trial jury and shall be included in any judgment rendered in such action: Provided, however, that such attorney's fees shall be fixed on the basis of competent expert evidence as to the reasonable value of such services, based on the time spent and legal and factual issues involved, in accordance with prevailing fees in the locality where such suit is pending: Provided, further, that the trial court shall have the discretion, if it finds such jury verdict fixing attorney's fees to be greatly excessive or inadequate, to review and amend such portion of the verdict fixing attorney's fees without the necessity of disapproving the entire verdict. The limitations contained in this section in reference to the amount of attorney's fees are not controlling as to the fees which may be agreed upon by the plaintiff and his attorney for the services of such attorney in the action against the surety. Provided, further, for the purposes of this act the term `obligee' shall include any obligee or beneficiary pursuant to the terms of the contract of suretyship."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 25, 1980.

HABILITATION OF MENTALLY RETARDED PERSONS.
Code Chapter 88-25 Amended.
No. 1151 (House Bill No. 1280). AN ACT
To amend Code Chapter 88-25, relating to habilitation of mentally retarded persons, so as to provide for admissions for respite

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1161

care; to provide limitations; to define certain terms; to provide procedures; to provide for application; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Chapter 88-25, relating to habilitation of mentally retarded persons, is hereby amended by adding a new section after Code Section 88-2504.2, to be designated Code Section 882504.3, to read as follows:
"88-2504.3. Respite care. The superintendent or his designee of any facility may admit, for purposes of receiving respite care when there is an available bed appropriate to the specific needs of the client, any person 18 years of age or older requesting admission for respite care; any person for whom such a request is made by his parents, guardian, or person standing in loco parentis; and any person who has been declared legally incompetent and for whom such a request is made by his guardian. For purposes of this section an admission for respite care shall mean an admission for the purpose of caring for the person to be admitted while the person or persons with whom the person to be admitted usually lives are unavailable due to illness, absence, or needed rest, and the level of treatment administered during such admission shall not exceed the level normally received by the person to be admitted while such person is living in his usual environment. An admission for respite care consists of an admission for a continuous period not to exceed two weeks and there shall not be more than two respite care admissions within one six-month period counted from the first day of admission for respite care. Any respite care admissions exceeding the limits provided in this section must be in accordance with the procedures in Section 88-2504 or 88-2504.1. This section shall not apply when the person sought to be admitted is living in a nursing home or personal care home as defined in Section 84-4901(c)."

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GENERAL ACTS AND RESOLUTIONS. VOL. I

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 25, 1980.

STATE EXAMINING BOARDS - APPOINTMENTS BY GOVERNOR.
No. 1153 (House Bill No. 1289).
AN ACT
To authorize the Governor to appoint any person, who is otherwise qualified as provided by law, to serve as a member of any state examining board, notwithstanding the fact that the law creating such board requires the Governor to appoint members from a list of nominees; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The Governor is authorized to appoint any person, who is otherwise qualified as provided by law, to serve as a member of any state examining board for a regular term or for an unexpired term, notwithstanding the fact that the law creating such board requires the Governor to appoint members from a list of nominees submitted by a private organization or association.
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 25, 1980.

GEORGIA INSURANCE CODE AMENDED - FEES, ETC.
Code Title 56 Amended.
No. 1155 (House Bill No. 1315).
AN ACT
To amend Code Title 56, known as the Georgia Insurance Code, so as to change the date by which certain licenses and certificates of authority must be renewed in each year; to authorize staggered deadlines for application and payment of fees for renewals; to place certain limitations upon the issuance of temporary licenses; to strike a certain definition; to change certain presumptions; to provide for construction; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Title 56, known as the Georgia Insurance Code, is hereby amended by striking from subsection (1) of Code Section 56-810a, relating to expiration and renewal of licenses, the following:
"February following the date of issue",
and substituting in lieu thereof the following:
"December in each year",

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so that when so amended subsection (1) of Code Section 56-810a shall read as follows:
"(1) Each license issued to an agent shall expire at midnight on the last day of December in each year, unless prior thereto it is revoked or suspended bv the Commissioner or the authority of the agent to act for the insurer is terminated."
Section 2. Said Code title is further amended by striking from subsection (3) of Code Section 56-810a, relating to expiration and renewal of licenses, the following:
"February following the date of issue",
and substituting in lieu thereof the following:
"December in each year",
so that when so amended subsection (3) of Code Section 56-810a shall read as follows:
"(3) Each license issued to a counselor shall expire at midnight on the last day of December in each year, unless prior thereto it is revoked or suspended by the Commissioner."
Section 3. Said Code title is further amended by adding a new subsection at the end of Code Section 56-810a, relating to expiration and renewal of licenses, to be designated subsection (6), to read as follows:
"(6) The Commissioner by rule may establish staggered deadlines for the filing of renewal license applications together with appropriate fees. Such rules shall be promulgated so as to divide the alphabet, as related to the first letter of the last names of persons filing applications, in such a manner as he may deem appropriate to spread the workload of the processing and issuance of the licenses during the period beginning July 1 and ending December 31 in each year. Licenses so issued shall be for the immediately succeeding calendar year."
Section 4. Said Code title is further amended by striking in its entirety subsection (3) of Code Section 56-81 la, relating to tempo-

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1165

rary licenses and to whom they may be issued, and substituting in lieu thereof a new subsection (3) to read as follows:
"(3) To any person who has been appointed or is being considered for appointment as an agent to write life or accident and sickness insurance for an insurer, which derives at least 40 percent of its annual individual policy premium income in this State from the sale of policies which provide that the premiums thereon shall only be payable on a basis which is either monthly or more frequent than monthly, immediately upon receipt by the Commissioner of an application executed by such person in the form required by section 56-804a(l), together with a certificate signed by an officer or properly authorized representative of such insurer stating:
(a) That such insurer has investigated the character and background of such person and is satisfied that he is trustworthy;
(b) That such person has been appointed or is being considered for appointment by such insurer as its agent; and
(c) That such insurer desires that such person be issued a temporary license: Provided, however, that if such temporary license shall not have been received from the Commissioner within seven days from the date on which the application and certificate were delivered to or mailed to the Commissioner, the insurer may assume that such temporary license will be issued in due course and may continue such person in its employment;
(4) Any temporary license issued under this section shall be effective for 90 days unless sooner terminated for cause pursuant to the provisions of this chapter. Provided, however, that the Commissioner may for cause extend the time period for which a temporary license issued under subsection (1) or (2) shall be effective."
Section 5. Said Code title is further amended by striking from Code Section 56-818a, relating to agent's certificate of authority, wherever the same shall appear, the word:
"March",

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GENERAL ACTS AND RESOLUTIONS, VOL. I

and substituting in lieu thereof the word:
"January",
so that when so amended Code Section 56-818a shall read as follows:
"56-818a.--Agent's Certificate of Authority, Annual Certification by Insurance; fees. (1) Each insurer authorized to transact insurance in this State shall obtain an Agent's Certificate of Authority for each agent representing such insurer in the solicitation of, negotiation for, or procurement or making of contracts of life and accident and sickness insurance or in the making of annuity contracts in this State.
(2) All such Agent's Certificates of Authority shall be renewed annually by the insurer on or before January 1st.
(3) The fee for each Agent's Certificate of Authority or renewal or duplicate thereof shall be five ($5.00) dollars.
(4) (a) Annually, on or before January 1, every insurer shall file with the Commissioner in such form and manner as he may prescribe, a certified listing of all of its agents whose Agent's Certificates of Authority are to be renewed for the coming year and shall remit a check to the Commissioner for the appropriate fees prescribed in subsection (3) above.
(b) Each insurer shall also be required to maintain and periodically update its listing of authorized agents filed with the Commissioner in such form and manner as may be prescribed by the Commissioner."
Section 6. Said Code title is further amended by striking in its entirety subsection (3) of Code Section 56-80lb, relating to definitions, which reads as follows:
"(3) `Service representative' shall mean an individual other than an officer, manager, general agent or supervising or managing general agent or special agent of the insurer, employed by an insurer, its general agent, or representative to work with and assist agents in servicing, soliciting, negotiating and effectuating insur-

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ance in such insurer or in the insurers represented by such general agent or representative."
Section 7. Said Code title is further amended by striking in its entirety Code Section 56-814b, relating to expiration and renewal of licenses, and substituting in lieu thereof a new Code Section 56814b to read as follows:
"56-814b. Expiration and renewal of licenses; fee.--(1) At midnight of the last day in December in every year, each license then in effect shall expire unless renewed.
(2) Upon the filing of an application for renewal accompanied by fees as provided for in Chapter 56-13, a renewal for one yearly period ending at the end of December shall be issued by the Commissioner without further examination, investigation or inquiry, unless after conforming to procedure for a hearing as set forth in Chapter 56-2 he has previously determined that such renewal should be refused or the license revoked or suspended, or unless the application discloses a disqualification of the applicant.
(3) The Commissioner by rule may establish staggered deadlines for the filing of renewal license applications together with appropriate fees. Such rules shall be promulgated so as to divide the alphabet, as related to the first letter of the last names of persons filing applications, in such a manner as he may deem appropriate to spread the workload of the processing and issuance of the licenses during the period beginning July 1 and ending December 31 in each year. Licenses so issued shall be for the immediately succeeding calendar year."
Section 8. Said Code title is further amended by striking from Code Section 56-849b, relating to agent's certificate of authority, wherever the same shall appear, the word:
"March",
and substituting in lieu thereof the word:
"January",

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so that when so amended Code Section 56-849b shall read as follows:
"56-849b. Agent's Certificate of Authority; Annual Certification by Insurer; fees (1) Each insurer authorized to transact insurance in this State shall obtain an Agent's Certificate of Authority for each agent representing such insurer in the solicitation of, negotiation for, or procurement or making of contracts of property and casualty insurance in this State.
(2) All such Agent's Certificates of Authority shall be renewed annually by the insurer on or before January 1st.
(3) The fee for each Agent's Certificate of Authority or renewal or duplicate thereof shall be five ($5.00) dollars.
(4) (a) Annually, on or before January 1, every insurer shall file with the Commissioner, in such form and manner as he may prescribe, a certified listing of all of its agents whose Certificates of Authority are to be renewed for the coming year and shall remit a check to the Commissioner for the appropriate fees prescribed in subsection (3) above.
(b) Each insurer shall also be required to maintain and periodically update its listing of authorized agents filed with the Commissioner in such form and manner as may be prescribed by the Commissioner."
Section 9. The provisions of this Act shall not be construed so as to change the date until which licenses issued prior to the effective date of this Act shall be valid.
Section 10. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 25, 1980.

GEORGIA LAWS 1980 SESSION

1169

GEORGIA COUNCIL FOR ENERGY RESOURCES ACT AMENDED.
No. 1157 (House Bill No. 1345).
AN ACT
To amend an Act creating an energy resources advisory council known as the "Georgia Council for Energy Resources," approved April 9, 1976 (Ga. Laws 1976, p. 1740), as amended, particularly by an Act approved March 13, 1979 (Ga. Laws 1979, p. 391), so as to provide for legislative intent; to urge certain appointments and the call of certain meetings; to extend the life of the council; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The General Assembly hereby finds and declares that the Georgia Council for Energy Resources, created by an Act approved April 9, 1976 (Ga. Laws 1976, p. 1740), as amended, could exercise important energy advisory functions regarding the planning, development, and management of Georgia's energy resources while protecting the economic, social, and environmental values of her citizens. As long as the initial membership of the council remains unappointed, however, the council is prevented from thus functioning. The General Assembly, in extending the life of the council in this Act, strongly urges the Governor to make his designated council appointments and to call a first council session so the council may become a functioning entity to accomplish the purposes originally established for the council in the Act creating it.
Section 2. An Act creating an energy resources advisory council known as the "Georgia Council for Energy Resources," approved April 9, 1976 (Ga. Laws 1976, p. 1740), as amended, particularly by an Act approved March 13, 1979 (Ga. Laws 1979, p. 391), is hereby amended by striking from the last sentence of Section 3 thereof the following:
"July 1, 1980",

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and inserting in lieu thereof the following:
"July 1, 1984",
so that when so amended said Section 3 shall read as follows:
"Section 3. The Council shall consist of eleven (11) members as follows: the Vice President for Research, University of Georgia; the Vice President for Research, Georgia Institute of Technology; two members of the House of Representatives to be appointed by the Speaker thereof; two members of the Senate to be appointed by the Lieutenant Governor; and five individuals from and representative of the public at large to be appointed by the Governor. The Council shall meet upon the call of the Governor. Appointments to the Council shall be made within 30 days of the Governor's announcement of the Council session. Unless extended by the General Assembly, the Council shall be abolished on July 1, 1984."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 25, 1980.

HEALTH CODE AMENDED -- ADVANCED EMERGENCY MEDICAL TECHNICIANS, ETC.
Code Chapter 88-31 Amended.
No. 1158 (House Bill No. 1376).
AN ACT
To amend Code Section 88-3112.7, relating to the revocation of certificates of advanced emergency medical technicians and cardiac

GEORGIA LAWS 1980 SESSION

1171

technicians, so as to permit the Composite State Board of Medical Examiners to subpoena documents relating to the fitness of advanced emergency medical technicians and cardiac technicians; to amend Code Chapter 88-31, relating to ambulance service, as amended, by adding a new section to follow Code Section 88-3117, to be designated Code Section 88-3118, so as to require each ambulance service to have a medical adviser; to provide for the duties of said medical adviser; to provide exceptions; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 88-3112.7, relating to the revocation of certificates of advanced emergency medical technicians and cardiac technicians, is hereby amended by adding at the end thereof the following:
"The Composite State Board of Medical Examiners shall have the authority to conduct investigations and subpoena any documents relating to the fitness of advanced emergency medical technicians and cardiac technicians. Said documents may be used in any hearing conducted by the Composite State Board of Medical Examiners.",
so that when so amended Code Section 88-3112.7 shall read as follows:
"88-3112.7. Revocation of certificates of advanced emergency medical technicians and cardiac technicians. Certificates issued to advanced emergency medical technicians and cardiac technicians pursuant to the provisions of this Chapter may be revoked for good cause by the Composite State Board of Medical Examiners in accordance with established Rules and Regulations, after notice to the certificate holder of the charges and an opportunity for hearing. Such proceedings shall be conducted in accordance with the provisions of the Georgia Administrative Procedure Act (Ga. Laws 1964, p. 338), as now or hereafter amended. The Composite State Board of Medical Examiners shall have the authority to conduct investigations and subpoena any documents relating to the fitness of advanced emergency medical technicians and cardiac technicians. Said documents may be used in any hearing conducted by the Composite State Board of Medical Examiners."

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GENERAL ACTS AND RESOLUTIONS, VOL. I

Section 1A. Code Chapter 88-31, relating to ambulance service, as amended, is hereby amended by adding a new section to follow Code Section 88-3117, to be designated Code Section 88-3118, to read as follows:
"88-3118. Services of medical adviser required, (a) To enhance the provision of emergency medical care, each ambulance service shall be required to have a medical adviser. The adviser shall be a physician licensed to practice medicine in Georgia and subject to approval by the medical consultant of the Emergency Health Section, Georgia Department of Human Resources. Ambulance services unable to obtain a medical adviser, due to unavailability or refusal of physicians to act as medical adviser, may request the district health director or his designee to act as medical adviser until the services of a physician are available.
(b) The duties of the medical adviser shall be to provide medical direction and training in conformance with acceptable emergency medical practices and procedures for the ambulance service personnel.
(c) The provisions of this section shall not apply to any county having a population under 12,000 according to the United States decennial census of 1970 or any such future census."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 25, 1980.

GEORGIA LAWS 1980 SESSION

1173

TORT LIABILITY OF FIREMEN, ETC.
Code Chapter 3-10 Amended.
No. 1159 (House Bill No. 1436).
AN ACT
To amend Code Chapter 3-10. relating to limitation of actions for torts, as amended, so as to limit the liability of officers, members. agents, or employees of fire departments; to define a certain term; to provide for applicability; to repeal conflicting laws; and for other purposes.
Be it enacted bv the General Assembly of Georgia:
Section 1. Code Chapter 3-10, relating to limitation of actions for torts, as amended, is hereby amended bv adding immediately following Code Section 3-1004 a new Code section, to be designated Code Section 3-1004.1. to read as follows:
"3-1004.1. Firemen, civil liability, (a) The officers, members, agents, or employees of any fire department established by any county, municipality, fire district, or authority shall not be liable at law for any act or acts done while actually fighting a fire or performing duties at the scene of an emergency, except for willful negligence or malfeasance.
(b) As used in this section, `fire department' shall include volunteer fire departments established pursuant to local Act, ordinance, or resolution and any fire department established as a department, bureau, or agency of a municipality, county, fire district, or authority of this state."
Section 2. The provisions of this Act shall not affect the right of any party to recover damages for an act which occurred before the effective date of this Act.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 25, 1980.

ALCOHOLIC BEVERAGES - POSTING OF NOTICES.
No. 1160 (House Bill No. 1445).
AN ACT
To require certain business establishments which sell distilled spirits, wines, malt beverages, or alcoholic beverages of any kind by the package off premises to post a notice; to provide for the contents of such notice; to provide for certain powers, duties, and responsibilities of the Department of Revenue; to authorize the revocation of certain state licenses; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. (a) Each retail business establishment in this state which is licensed to sell packaged distilled spirits, wines, malt beverages, or alcoholic beverages of any kind shall post in a conspicuous place or places a notice which shall contain the provisions of the laws of this state which deal with the unlawful sale of such items to underage persons and the penalties for violating such laws.
(b) The Department of Revenue shall prepare, print, and distribute the notices required by subsection (a). The notices shall contain those provisions of the law of this state which the Department of Revenue determines will best inform the citizens of this state of the relevant provisions of the law.
Section 2. The commissioner of the Department of Revenue is hereby authorized to take punitive action against violators up to

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1175

and including revoking the state retail dealer's license of any retail business establishment which fails to comply with Section 1 of this Act. Provided however, any punitive action allowed under this section shall not prohibit criminal prosecution for sale to underage persons.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 25, 1980.

MUNICIPAL TAXATION OF BUSINESSES. ETC.
Code Chapter 91A-60 Amended.
No. 1161 (House Bill No. 1458).
AN ACT
To amend Code Chapter 91A-60, relating to specific business and occupation taxes, so as to clarify the authority of cities to license and tax businesses, trades, and professions licensed by or registered with the State; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Chapter 91A-60, relating to specific business and occupation taxes, is hereby amended by adding a new Section after Code Section 91A-6014, to be designated Code Section 91A6015, to read as follows:
"91A-6015. Municipal licensing and taxation of businesses, trades, and professions licensed by the State, (a) When otherwise authorized by law to levy business license fees and occupation taxes on businesses, trades, and professions, a municipality shall be permitted to levy such fees and taxes on businesses, trades, and profes-

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sions which are licensed by or registered with the State. Nothing within this Act shall be construed to repeal any express limitations on such municipal authority currently contained in general law.
(b) Nothing contained in this Section shall be construed as authorizing the municipal licensing taxation of businesses, trades, or occupations operating motor vehicles required to be registered with the Georgia Public Service Commission."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 25, 1980.

GEORGE L. SMITH WORLD CONGRESS CENTER ACT AMENDED - EXECUTIVE BOARD.
No. 1162 (House Bill No. 1460).
AN ACT
To amend an Act known as the "Geo. L. Smith World Congress Center Act," approved March 16, 1972 (Ga. Laws 1972, p. 245), as amended, particularly by an Act approved April 15, 1975 (Ga. Laws 1975, p. 435), so as to reconstitute the executive board of the authority and provide for the compensation, qualifications, and terms of its members; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act known as the "Geo. L. Smith World Congress Center Act," approved March 16, 1972 (Ga. Laws 1972, p. 245), as

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amended, particularly by an Act approved April 15, 1975 (Ga. Laws 1975, p. 435), is hereby amended by striking in its entirety Section 2 and inserting in its place a new section to read as follows:
"Section 2. Geo. L. Smith II Georgia World Congress Center Authority; Creation, (a) The Executive Board of the Georgia World Congress Center heretofore created is hereby reconstituted, enlarged and re-created as a body corporate and politic to be known as the `Geo. L. Smith II Georgia World Congress Center Authority' 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.
(b) The terms of the members in office on June 30, 1980, shall expire on July 1, 1980. Thereafter, the Authority shall consist of nine members. Initially, members shall serve staggered terms of office as follows: two members for one year, two members for two years, two members for three years, and three members for four years. Thereafter, each member shall serve for a term of four years. All members shall be appointed by the Governor and shall serve until the appointment and qualification of a successor. Said members shall be appointed from the general public; and no person holding any other office of profit or trust under the state shall be appointed to membership after July 1, 1979.
(c) All successors shall be appointed in the same manner as original appointments. Vacancies in office shall be filled in the same manner as original appointments. An appointment to fill a vacancy shall be for the unexpired term. The Authority shall elect its own officers. No vacancy on the Authority shall impair the right of the quorum to exercise all rights and perform all duties of the Authority.
(d) The members of the Authority shall be entitled to and shall be reimbursed for their actual travel expenses necessarily incurred in the performance of their duties, and for each day actually spent in performance of their duties shall receive the same per diem as do members of the General Assembly.

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(e) The Authority shall make rules and regulations for its own government. The Authority shall have perpetual existence. Any change in name or composition of the Authority shall in no way affect the vested rights of any person under the provisions of this Act or impair the obligations of any contracts existing under this Act."
Section 2. This Act shall become effective on July 1, 1980; except that the provisions df this Act relating to expenses and per diem shall become effective upon approval of this Act by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 25, 1980.

COUNTY LINES.
Code Section 23-406 Amended.
No. 1163 (House Bill No. 1478).
AN ACT
To amend Code Section 23-406, relating to the recording of the survey and plat in connection with settling disputed county lines, so as to provide that, when a county boundary line in dispute has been established as final and conclusive, it may subsequently be changed only in accordance with the law providing for a change of county lines; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section It Code Section 23-406, relating to the recording of the survey and plat in connection with settling disputed county lines, is hereby amended by adding at the end thereof the following:

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"When such boundary line in dispute has been established as final and conclusive as provided herein, the same boundary line shall not again be subject to the procedures set forth in this Chapter, and such boundary line may subsequently be changed only in accordance with the provisions of Code Chapter 23-3, relating to the change of county lines.",
so that when so amended Code Section 23-406 shall read as follows:
"23-406. Survey and plat, when recorded. Upon such decision being made by the Secretary of State, or in case no protest or exceptions are filed within the 30 days aforesaid, he shall cause the survey and plat to be recorded in a book to be kept for that purpose, whereupon the same shall be final and conclusive as to the boundary line in dispute. When such boundary line in dispute has been established as final and conclusive as provided herein, the same boundary line shall not again be subject to the procedures set forth in this Chapter, and such boundary line may subsequently be changed only in accordance with the provisions of Code Chapter 23-3, relating to the change of county lines."
Section 2. Nothing contained in this Act shall affect any boundary line disputes now in question until the dispute is settled.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 25, 1980.

LOOKOUT MOUNTAIN JUDICIAL CIRCUIT -- DISTRICT ATTORNEY'S CLERICAL ASSISTANCE.
No. 1175 (House Bill No. 1709). AN ACT
To amend an Act creating the Lookout Mountain Judicial Circuit, approved January 26, 1950 (Ga. Laws 1950, p. 23), as

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GENERAL ACTS AND RESOLUTIONS, VOL. I

amended, particularly by an Act approved March 4, 1977 (Ga. Laws 1977, p. 268), so as to change the provisions relating to the compensation of the clerk-typist employed by the district attorney; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Lookout Mountain Judicial Circuit, approved January 26, 1950 (Ga. Laws 1950, p. 23), as amended, particularly by an Act approved March 4, 1977 (Ga. Laws 1977, p. 268), is hereby amended by striking from Section 6A.1 the following:
"$7,200.00 per annum",
and inserting in lieu thereof the following:
"the amount which is paid to the secretaries of superior court judges pursuant to the provisions of Section IB of an Act fixing the salaries of the judges of superior courts and tor other purposes, approved March 7, 1957 (Ga. Laws 1957, p. 273), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 668)",
so that when so amended said section shall read as follows:
"6A. 1. The district attorney of the Lookout Mountain Judicial Circuit is authorized to employ a clerk-typist to perform such duties as may be assigned by the district attorney. Said clerk-typist shall serve at the pleasure of the district attorney and shall receive such compensation as the district attorney shall fix, payable monthly. Provided, however, such compensation shall not exceed the amount which is paid to the secretaries of superior court judges pursuant to the provisions of Section IB of an Act fixing the salaries of the judges of superior courts and for other purposes, approved March 7, 1957 (Ga. Laws 1957, p. 273), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 668). Said compensa-

GEORGIA LAWS 1980 SESSION
tion shall be paid proportionately by the counties comprising said circuit in the same manner as is provided in section 6A for the payment of the salary of the district attorney of said circuit."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act approved February 29, 1968, amended in 1971 and 1977, providing that the salary of the secretary of the District Attorney of the Lookout Mountain Judicial Circuit conform to the salary schedule of secretaries for the judges of the superior court.
William Campbell District Attorney
Georgia, Catoosa County.
Before me, an officer duly authorized by law to administer oaths, appeared Jim Caldwell, who on oath states that he is publisher of The Catoosa County News, a newspaper of general circulation and one in which Sheriff's advertisements are published in Catoosa County, Georgia, and that the notice shown below has been duly and regularly published in The Catoosa County News 3 times, on the issues dates, to-wit: December 20, 1979, December 27, 1979, January, 1980.
/si Jim Caldwell

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Sworn to and subscribed before me, this the 7 day of February, 1980.

Isl Juanita Caldwell Notary Public, Georgia State at Large. My Commission Expires April 22, 1981. (Seal).

Notice of Intention to Introduce Local Legislation.

Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill to amend an Act approved February 29, 1968, amended in 1971 and 1977, providing that the salary of the secretary of the District Attorney of the Lookout Mountain Judicial Circuit conform to the salary schedule of secretaries for the judges of the superior court.

Verification of Publication.

Personally appeared before the undersigned authority, Myma R. McMahan, as Publisher of The Dade County Sentinel, on oath, states that the Notice of Intention To Introduce Local Legislation to provide that the salary of the secretary of the District Attorney of the Lookout Mountain Judicial Circuit conform to the salary schedule of secretaries for the Judges of the Superior Court, a copy of which is hereto attached and made a part thereof, was published in said newspaper on the following dates: Dec. 19, 1979, Dec. 26, 1979, and Jan. 2, 1980.

This 7th day of February* 1980.
Is/ Myma R. McMahan Publisher, The Dade County Sentinel

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1183

Sworn to and subscribed before me, this 7th day of February, 1980.

Is/ Rose Shelton Notary Public (Seal).

Notice of Intention to Introduce Local Legislation.

Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act approved February 29, 1968, amended in 1971 and 1977, providing that the salary of the secretary of the District Attorney of the Lookout Mountain Judicial Circuit conform to the salary schedule of secretaries for the judges of the superior court.

William M. Campbell District Attorney

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wayne Snow, Jr. who, on oath, deposes and says that he/she is Representative from the 1st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Summerville News which is the official organ of Chattooga County, on the following dates: December 20, 27, 1979, January 3, 1980.
Is/ Wayne Snow, Jr. Representative, 1st District

1184

GENERAL ACTS AND RESOLUTIONS, VOL. I

Sworn to and subscribed before me, this 11th day of February, 1980.

Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Notice of Intention to Introduce Local Legislation.

Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act approved February 29, 1968, amended in 1971 and 1977, providing that the salary of the secretary of the District Attorney of the Lookout Mountain Judicial Circuit conform to the salary schedule of secretaries for the judges of the superior court.

William Campbell District Attorney

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wayne Snow, Jr. who, on oath, deposes and says that he/she is Representative from the 1st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Walker County Messenger which is the official organ of Walker County, on the following dates: December 19, 26, 1979, January 2, 1980.
/s/ Wayne Snow, Jr. Representative, 1st District

GEORGIA LAWS 1980 SESSION

1185

Sworn to and subscribed before me, this 11th day of February, 1980.

Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Approved March 25, 1980.

COMPENSATION OF CORONERS IN CERTAIN COUNTIES (10,600 - 10,900).
Code Section 21-105 Amended.
No. 1178 (House Bill No. 1761).
AN ACT
To amend an Act amending Code Section 21-105, relating to the fees paid coroners, approved April 28, 1969 (Ga. Laws 1969, p. 878), as amended, so as to change the compensation of coroners in certain counties; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act amending Code Section 21-105, relating to the fees paid coroners, approved April 28, 1969 (Ga. Laws 1969, p. 878), as amended, is hereby amended by striking from Section 1 the following:
38

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GENERAL ACTS AND RESOLUTIONS, VOL I

"$1,500.00",
and inserting in lieu thereof the following:
"$1,800.00",
so that when so amended Section 1 shall read as follows:
"Section 1. Section 21-105 of the Code of Georgia of 1933, as amended, is hereby amended by adding at the end of said Section the following:
`The coroners in all counties of this State having a population of not less than 10,600 persons and not more than 10,900 persons, according to the United States Decennial Census of 1970, or any such future census, are hereby placed on a salary basis and shall be compensated as such official, in the amount of $1,800.00 per year. Said compensation shall be paid monthly from the funds of such counties. Such compensation shall be in lieu of all fees, costs, commissions, allowances, monies, and all other emoluments and perquisites of whatever kind which shall be allowed coroners of such counties. All such fees, costs, allowances, monies, and all other emoluments and perquisites of whatever kind shall become the property of such counties and shall be paid to the fiscal officer of such counties, at least once a month.'"
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intent to Introduce Legislation.
Notice is hereby given that there be introduced at the regular session of the Georgia General Assembly, a bill to provide a salary for the Coroner of Lamar County, to repeal an Act amending Code

GEORGIA LAWS 1980 SESSION

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Section 21-105 approved April 28, 1969, Georgia Laws 1969, page 878, as amended; to provide for other matters relative to the foregoing, to repeal conflicting laws and for other purposes.

Lamar County Board of Commissioners By: Gus M. English, Chairman

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Jones who, on oath, deposes and says that he/she is Representative from the 78th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The News Gazette which is the official organ of Lamar County, on the following dates: January 24, January 31, February 7, 1980.

Is/ Bill Jones Representative, 78th District

Sworn to and subscribed before me, this 11th day of February, 1980.

Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Approved March 25, 1980.

1188

GENERAL ACTS AND RESOLUTIONS, VOL. I

PUBLIC REVENUE -- SALES AND USE TAX EXEMPTIONS.
Code Section 91A-4503 Amended.
No. 1181 (House Bill No. 1776).
AN ACT
To amend Code Section 91A-4503, relating to exemptions from sales and use taxation, so as to exempt sales to certain blood banks; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 91A-4503, relating to exemptions from sales and use taxation, is hereby amended by adding a new subsection at the end thereof, to be designated subsection (rr), to read as follows:
"(rr) Sales to certain blood banks having a nonprofit status according to Section 501(c)(3) of the Internal Revenue Code."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 25, 1980.

CORPORATIONS - REVIVER OF CORPORATIONS, ETC. Code Chapter 22-13 Amended.
No. 1189 (House Bill No. 1800). AN ACT
To amend Code Chapter 22-13, relating to business corporations. as amended, so as to provide for the revival of corporations

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whose period of duration has expired and which have not been revived within ten years immediately following the expiration date fixed by their articles of incorporation, by permitting a corporation to amend its articles of incorporation to extend its period of duration if the Secretary of State is satisfied that the corporation has continued doing business at all times after such expiration date, that it has not been insolvent after such expiration date and that the revival will not injure the corporation's shareholders or creditors, or the general public; to provide for an affidavit; to provide for the form of the notice required by Section 22-905(c)(4); to provide for a hearing before the Secretary of State; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Chapter 22-13, relating to business corporations, as amended, is hereby amended by adding at the end of such Chapter a new Section 22-1327 to read as follows:
"Section 22-1327. Reviver after ten years from dissolution by expiration of period of duration, (a) If a corporation whose period of duration has expired has failed to revive its corporate existence within ten years of the expiration date fixed by its articles of incorporation as provided in Section 22-1326, such corporation may thereafter revive its corporate existence by amending its articles of incorporation at any time during the period beginning ten years and ending twenty years immediately following the expiration date fixed by its articles of incorporation so as to extend its period of duration, if the Secretary of State is satisfied (1) that the corporation has continued in business, in ignorance of the expiration of its period of duration, at all times since the expiration date fixed by its articles of incorporation, (2) that the corporation has not been insolvent, as defined in Section 22-102(p), since such expiration date and (3) that the reviver will not injure the corporation's shareholders or creditors, or the public. As of the effective date of the amendment, the corporate existence shall be deemed to have continued without interruption from said expiration date. If during the period between the expiration and reviver, the name of the corporation has been assumed, reserved or registered by any other person or corporation, the reviver shall not be authorized unless such articles of amendment extending the period of duration include an amendment to its articles of incorporation to change its name to a corporate name that is available in accordance with Section 22-301.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(b) In addition to the items specified by Section 22-905(c), a corporation whose corporate existence is to be revived pursuant to subsection (a) above shall cause to be delivered to the Secretary of State, together with the articles of amendment extending its period of duration, an affidavit attested by its officers, and by all members of its Board of Directors stating as follows: (1) that the corporation continued in business, in ignorance of the expiration of its period of duration, at all times after the expiration date fixed by its articles of incorporation; (2) that the corporation has not been insolvent, as defined in Section 22-102(p), since such expiration date; and (3) that the corporation's reviver will not injure its shareholders or creditors, or the public.

(c) In lieu of the form specified in Section 22-905(c)(4), a corporation whose corporate existence is to be revived pursuant to subsection (a) above, shall submit the letter required by Section 22905(c)(4) in substantially the following form:

(Name and address of a newspaper specified by Section 22905(c)(4))

Dear Sirs:

You are requested to publish four times, a notice in the following form:

The period of duration of

(name of corpo-

ration) has expired. The officers and directors of

(name of corporation) have filed with the Secretary of State, pur-

suant to Section 22-1327 of the Georgia Business Corporation

Code, articles of amendment so as to extend the corporation's

period of duration

(insert number of years or

phrase `in perpetuity,' whichever is applicable). Said corpora-

tion's period of duration will be so extended by the issuance of a

certificate of amendment by the Secretary of State, provided that

the Secretary of State is satisfied that said corporation has con-

tinued in business since the expiration date fixed by its articles of

incorporation in ignorance of such expiration, that the corpora-

tion has not been insolvent since such expiration date, and that

the reviver of the corporation will not injure the corporation's

shareholders or creditors, or the public and further provided that

the corporation has compiled with Section 22-1327.

GEORGIA LAWS 1980 SESSION

1191

(d) The Secretary of State shall mail the letter provided for in subsection (c) of this Section and the check, draft or money order provided for in paragraph (5) of subsection (c) of Section 22-905, to the designated newspaper within four business days after the articles of amendment have been delivered to the Secretary of State for filing.
(e) The Secretary of State shall issue a certificate of amendment, as is provided in Section 22-905(e), to a corporation which is to be revived pursuant to subsection (a) above within sixty days after he has received from such corporation the articles of amendment extending its period of duration, in proper filing form, accompanied by the other items required by Code Section 22-905(c) and subsection (b) of this Section. The Secretary of State may extend such sixty days for one additional sixty-day period, by written notice from the Secretary of State to such corporation prior to the expiration of the initial sixty-day period.
(f) The Secretary of State may refuse to issue a certificate of amendment to a corporation which is to be revived pursuant to subsection (a) of this Section if, after a hearing, he finds that the corporation has not continued in business at all times after the expiration date fixed in its articles of incorporation in ignorance of such expiration, that such corporation has been insolvent (as defined in Section 22-102(p)) at any time after the expiration date, or that the reviver of the corporation will injure its shareholders or creditors or the public. Failure on the part of the Secretary of State to issue a certificate of amendment, with or without a hearing, to the corporation within the time prescribed in subsection (e) of this Section shall constitute a rejection by the Secretary of State of the articles of amendment for filing."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 25, 1980.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

LAND CONVEYANCE TO SUMTER COUNTY.
No. 109 (Senate Resolution No. 250).
A RESOLUTION
Authorizing the State Properties Commission, for and on behalf of the State of Georgia, to grant and convey to Sumter County certain state owned real property located within Sumter County; and for other purposes.
WHEREAS, certain state owned real property located at the South Georgia Technical-Vocational School in Sumter County is no longer needed by the State Board of Education or any other department or agency of the state government; and
WHEREAS, Sumter County has great need for such property for the development and expansion of the Americus and Sumter County Airport; and
WHEREAS, said property is designated as Tracts 2 and 3, Souther Field, Americus, Georgia, and said tracts are more particularly described as follows:
TRACT 2
Beginning at the Northeast corner of Land Lot 80, 27th Land District, Sumter County, Georgia; thence S 0013'00"W, for a distance of 30 feet to a point, said point being on south right-of-way of County paved road; thence N 8950'00"W, for a distance of 500.46 feet to a point; thence N 8954'00"W, for a distance of 644.95 feet to a concrete monument, said monument being on south right-of-way of County paved road and being northwest corner of Georgia Popwell property, said monument being the point of beginning; thence S 00 10'54"W, for a distance of 817.61 feet to a concrete monument; thence S 4447'16"W, for a distance of 2057.06 feet to a concrete monument on existing airport boundary; thence S 8947'51 "W, for a distance of 183.82 feet, with the existing airport boundary to a concrete monument; thence N 4447'16"E, for a distance of 1595.45 feet, with the boundary to a concrete monument; thence N 45 12'44"W, for a distance of 700.00 feet, continuing along the boundary to a concrete monument; thence N

GEORGIA LAWS 1980 SESSION

1193

4447'16"E, for a distance of 145.00 feet, along boundary to a concrete monument; thence N 0012'44"W, for a distance of 282.80 feet, along boundary to a conrete monument; thence N 4447'16"E, for a distance of 377.82 feet to a concrete monument, said point being south side of County road right-of-way; thence S 8954'00"E, for a distance of 641.14 feet, following County road right-of-way to the point of beginning, the same containing 25.000 Acres.
TRACT 3
Beginning at the Northeast corner of Land Lot 80, 27th Land District, Sumter County, Georgia; thence S 0013'00"W, for a distance 30 feet to a point, said point being on south right-of-way of County paved road; thence N 8950'00"W, for a distance of 500.46 feet to a point; thence N 8954'00" W, for a distance of 1286.09 feet to a point; thence S 4447'16"W, for a distance of 3217.82 feet to a point; thence S 2324'56"W, for a distance of 545.34 feet to a concrete monument on the existing airport property, said monument being the point of beginning; thence S 4446'15"W, for a distance of 2606.22 feet, with the existing airport boundary to a concrete monument; thence N 8853'59"W, for a distance of 248.85 feet to a concrete monument; thence N 4446'15"E, for a distance of 2299.84 feet to a concrete monument; thence N 0006'49"W, for a distance of 211.81 feet to a concrete monument, said point being of the existing airport boundary; thence N 8953'11"E, for a distance of 465.00 feet along the existing airport boundary to the point of beginning, the same containing 11.267 Acres.
NOW, THEREFORE, BE IT RESOLVED by the General Assembly of Georgia that the State Properties Commission by its chairman, the Governor, acting for and on behalf of and in the name of the State of Georgia, is authorized to convey in fee, by appropriate instrument, all of the hereinabove described state owned real property, subject to the following stipulations:
(1) That the above-described real property be conveyed to Sumter County; and
(2) That said real property shall be conveyed to Sumter County for a consideration of $ 1.00 and other good and valuable consideration; and

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GENERAL ACTS AND RESOLUTIONS. VOL. I

(3) That the conveyance of said real property shall be approved by the State Properties Commission.
Approved March 25, 1980.

CORRECTIVE EASEMENT TO OGLETHORPE POWER CORPORATION.
No. 110 (Senate Resolution No. 256).
A RESOLUTION
Authorizing the State Properties Commission, for and on behalf of the State of Georgia, to grant to OGLETHORPE POWER CORPORATION (An Electric Membership Generation & Transmission Corporation), its successors and assigns, a corrective easement regarding certain property owned by the State of Georgia and located in Baldwin County, Georgia, said corrective easement to be executed for the purpose of correcting the legal description contained in that certain easement previously granted by the State Properties Commission to OGLETHORPE ELECTRIC MEMBERSHIP CORPORATION [now OGLETHORPE POWER CORPORATION (An Electric Membership Generation & Transmission Corporation)], said easement being previously granted for the construction, reconstruction, operation, maintenance and renewal of electric transmission lines with necessary or convenient structures, equipment and improvements already erected over said State-owned properties.
WHEREAS, the Georgia General Assembly, during its 1979 Session, authorized by resolution the granting of an easement by the State Properties Commission to OGLETHORPE ELECTRIC MEMBERSHIP CORPORATION, now OGLETHORPE POWER CORPORATION (An Electric Membership Generation & Transmission Corporation), said easement being granted for the construction, reconstruction, operation, maintenance and renewal of electric transmission lines, structures, equipment and improvements over

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certain State-owned properties in the 318th G.M. District and 319th G.M. District of Baldwin County, Georgia; and
WHEREAS, the State Properties Commission, acting by virtue of the power and authority vested in the Commission by a Resolution of the General Assembly of Georgia approved April 11, 1979 (being Senate Resolution No. 21 and Resolution Act Number 5 of the 1979 Regular Session of the General Assembly of Georgia) did execute said edsement on December 5, 1979 for and in consideration of the premises and fifteen thousand, seven hundred and fifty dollars ($15,750.00); and
WHEREAS, OGLETHORPE POWER CORPORATION (An Electric Membership Generation & Transmission Corporation), desires to have executed unto it a corrective easement for the purpose of correcting certain errors regarding the legal description contained in the aforementioned executed easement; and
WHEREAS, the said corrected legal description is more particularly described as follows:
"All that tract or parcel of land lying and being in Land Lot 268 of the 319th G.M.D. and Land Lots 246, 247, 248, 268, and 269 of the 318th G.M.D. of the 1st Land District of Baldwin County, Georgia, said tract or parcel being more particularly described as follows:
Beginning at the point where the centerline of Meeks Road, said centerline also being the dividing line separating the 318th G.M.D. and the 319th G.M.D. of said Land District and County, intersects the westerly right-of-way margin of State Route 212 (100 foot rightof-way), said point being the POINT OF BEGINNING of the tract herein described; thence South 4105'10" East along said westerly right-of-way margin a distance of 638.48 feet; thence South 4205'10" East along said westerly right-of-way margin a distance of 670.84 feet; thence South 4621'17" East along said westerly right-of-way margin a distance of 664.89 feet; thence South 4338'43" West a distance of 32 feet; thence North 4621'17" West a distance of 666.08 feet; thence North 4205'10" West a distance of 672.37 feet; thence North 41 05'10" West a distance of 663.19 feet; thence South 6426'45" West a distance of 1374.41 feet; thence South 25 33'15" East a distance of 15.00 feet; thence

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GENERAL ACTS AND RESOLUTIONS, VOL. I

South 6426'45" West a distance of 31.51 feet; thence North 7856'22" West a distance of 31.51 feet; thence North 1103'38" East a distance of 15.00 feet; thence North 7856'22" West a distance of 2414.00 feet: thence North 7651'26" West a distance of 121.08 feet: thence North 7439'01" West a distance of 230.62 feet: thence North 8808'13" West a distance of 135.14 feet; thence North 7856'22" West a distance of 119.00 feet; thence South 1103'38" West a distance of 15.00 feet; thence North 7856'22" West a distance of 29.93 feet; thence North 4450'48" West a distance of 29.93 feet; thence North 4509'12" East a distance of 15.00 feet; thence North 4450'48" West a distance of 6746.17 feet to the property line separating property now or formerly of Thulia L. Bramlett on the northwest from property now or formerly of the State of Georgia on the southeast, said line also being the Land Lot line separating Land Lot 245 on the northwest from Land Lot 246 on the southeast; thence North 4521'11" East along said property line and Land Lot line a distance of 100.00 feet to a corner being common to Land Lots 245. 246, 271, and 272; thence South 4457'38" East along the Land Lot line separating Land Lots 246 and 247 on the southwest from Land Lots 270 and 271 on the northeast a distance of 6038.20 feet to an iron pin found at the corner common to Land Lots 247, 248, 269 and 270; thence South 4509'12" West along the Land Lot line separating Land Lot 247 on the northwest from Land Lot 248 on the southeast a distance of 12.00 feet; thence South 4450'48" East a distance of 702.31 feet; thence South 7856'22" East a distance of 3005.65 feet; thence North 6426'45" East a distance of 1329.06 feet; thence North 4105'10" West a distance of 25.00 feet; thence North 6424'45" East a distance of 15.00 feet to a point on the southwesterly right-ofway margin of State Route 212 (100 foot right-of-way); thence South 4105'10" East along said westerly right-of-way margin a distance of 144.36 feet to the POINT OF BEGINNING. Said tract contains 28.07 acres;" and
WHEREAS, said corrective easement with said corrected legal description therein will not result in a change in the acreage contained in the easement previously granted.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA, that for and in consideration of the sum of ten and no/100 dollars ($10.00), in hand paid to the State of Georgia before the passage of this Resolution, and subject to the

GEORGIA LAWS 1980 SESSION

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approval of the State Properties Commission, the State Properties Commission, for and on behalf of the State of Georgia, is hereby authorized to grant to OGLETHORPE POWER CORPORATION (An Electric Membership Generation & Transmission Corporation) a corrective easement for the purpose of modifying the legal description in said previously executed easement as above described.
Approved March 25, 1980.

STUDY OF PUBLIC NOTICE PROCEDURE IN PROPOSING RULES BY EXECUTIVE BRANCH OF STATE GOVERNMENT.
No. Ill (Senate Resolution No. 258).
A RESOLUTION
Authorizing and directing the Secretary of State to make a study of the feasibility of establishing a more uniform system for informing interested persons and the general public of proposed rules adopted by executive agencies of the state government; and for other purposes.
WHEREAS, under the "Georgia Administrative Procedure Act," only a very limited number of people are informed of the beginning of rule-making procedures by executive agencies and the proposed rules being considered by said agencies; and
WHEREAS, once an executive agency has adopted rules and regulations, there is no requirement that the general public be informed prior to the effective date of such rules and regulations; and
WHEREAS, there is no single document or publication that a member of the general public can obtain or subscribe to in order to be notified of proposed rules and regulations being considered by executive agencies; and

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GENERAL ACTS AND RESOLUTIONS, VOL. I

WHEREAS, a member of the general public who is interested in being informed of all proposed rules must individually request of each state department in writing to be placed on that agency's mailing list for the purpose of being informed of such proposed rules; and
WHEREAS, many state agencies are specifically exempted from the minimal notice provisions of the "Georgia Administrative Procedure Act"; and
WHEREAS, rules and regulations of state agencies have a profound impact on the citizens of this state, and these citizens have a right to be informed of proposed rules that will regulate and affect their lives and to be informed of promulgated rules prior to their effective date; and
WHEREAS, the Secretary of State has administrative responsibilities under the "Georgia Administrative Procedure Act" and is well qualified to complete a study of proposals for addressing the concerns set forth above.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Secretary of State is hereby authorized and directed to study the feasibility of establishing a system to better inform interested persons and the general public of proposed rules and regulations of executive agencies of the state government and to allow citizens to review and comment on such rules prior to their final adoption. Such study shall include determining the cost of establishing such system, the need for additional legislation, if any, to authorize the establishment of such system, and the impact of such a system on the operation of the executive agencies of the state government.
BE IT FURTHER RESOLVED that the Secretary of State shall complete the study described above by not later than November 15, 1980, and shall issue a report thereon by said date to the Governor and to the members of the General Assembly.

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BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and directed to transmit an appropriate copy of this resolution to Honorable David B. Poythress, Secretary of State.
Approved March 25, 1980.

BEN W. FORTSON, JR. STATE ARCHIVES AND RECORDS BUILDING DESIGNATED.
No. 113 (Senate Resolution No. 277).
A RESOLUTION
Designating the State Archives and Records Building as the "Ben W. Fortson, Jr., State Archives and Records Building"; and for other purposes.
WHEREAS, the State Archives and Records Building located at 330 Capitol Avenue, S. W., Atlanta, Georgia, was officially opened in 1965; and
WHEREAS, Honorable Ben W. Fortson, Jr., who was Secretary of State, was instrumental in having the new building constructed for the preservation of state records and documents of historical significance; and
WHEREAS, throughout his life, Mr. Fortson tried to instill in all Georgians a sense of pride in this state's history and heritage; and
WHEREAS, Honorable Ben W. Fortson, Jr., was born on December 19, 1904, in Wilkes County and attended Arlington Grammar School; Emory at Oxford; Starkes University School in Montgomery, Alabama; and the Georgia Institute of Technology; and

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GENERAL ACTS AND RESOLUTIONS, VOL. I

WHEREAS, Mr. Fortson began a career in politics in 1938 when he was elected, without opposition, as a member of the state Senate; and
WHEREAS, he was elected as a member of the House of Representatives in 1942 and 1944 as Representative from Wilkes County; and
WHEREAS, on February 25, 1946, he became Secretary of State and held such office until his death on May 19, 1979; and
WHEREAS, he was a past president of the National Association of Secretaries of State, past president of the Georgia Society for Crippled Children and Adults, and the recipient of untold honors and awards; and
WHEREAS, he was both loved and respected by all who had the privilege of working with him; and
WHEREAS, his love for young people provided countless Georgians with their first contact with state government; and
WHEREAS, he was well known throughout the State of Georgia for his dedication, for the exemplary manner in which he performed the duties of his office, for his outstanding integrity, and for the shining example which he provided for countless Georgians.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does hereby designate the State Archives and Records Building as the "Ben W. Fortson, Jr., State Archives and Records Building" in memory of and as a perpetual memorial to Honorable Ben W. Fortson, Jr.
BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and directed to transmit an appropriate copy of this resolution to the Secretary of State.
Approved March 25, 1980.

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CONGRESS URGED TO DESIGNATE ANY INCREASE IN MOTOR FUEL TAXES TO STATES.
No. 114 (Senate Resolution No. 281).
A RESOLUTION
Urging the United States Congress to allocate to each of the state highway departments for maintenance of state and local roads any increase of the federal motor fuels tax if such increase is deemed necessary by Congress; and for other purposes.
WHEREAS, the United States Congress has been provided with data to show that an increase in the motor fuels tax would aid in energy conservation; and
WHEREAS, the United States Congress is reviewing the necessity for an increase as part of the national energy policy; and
WHEREAS, an increase in the federal motor fuels tax would be for conservation purposes rather than generation of revenue; and
WHEREAS, state transportation departments are unable to maintain their roads in sufficiently good condition to insure the safe and expedient movement of goods and people; and
WHEREAS, neither the United States Congress nor the Federal Highway Administration has implemented an adequate program to aid the states with road maintenance problems.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body hereby urges the United States Congress to designate that any increase in the federal motor fuels tax be allocated to each of the state highway departments on a formula basis to aid in the maintenance of state and local roads should such an increase be deemed necessary by Congress.
BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby directed to transmit a copy of this resolution to the Federal Highway Administration, to the Secretary of the Department of Transportation, and to each member of Congress from the State of Georgia.
Approved March 25, 1980.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

EXCHANGE OF LAND WITH GEORGIA POWER COMPANY AUTHORIZED.
No. 116 (Senate Resolution No. 284).
A RESOLUTION
Authorizing the State Properties Commission to convey certain State-owned real property located in Baldwin County, Georgia, to Georgia Power Company and the acceptance of certain property owned by the Georgia Power Company, located in Baldwin County, Georgia, in consideration therefor; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain real property located in Baldwin County, Georgia, now administered by the State Properties Commission, being more particularly described as follows:
"All that tract or parcel of land situate, lying and being in Land Lot 281 of the 1st Land District of Baldwin County, Georgia, and being more particularly described as follows: BEGINNING at an iron pin corner located at the intersection of the Southerly right-ofway line of Georgia State Highway No. 22 with the Northwesterly right-of-way line of the Georgia Railroad; thence from said Point of Beginning South 5410'20" West along the said Northwesterly right-of-way line of the Georgia Railroad 72.274 feet to a point; thence South 5401'22" West continuing along the said Northwesterly right-of-way line of the Georgia Railroad 100.299 feet; thence South 5355'33" West continuing along the said Northwesterly right-of-way line of the Georgia Railroad 200.148 feet to a point; thence South 5352'08" West continuing along the said Northwesterly right-of-way line of the Georgia Railroad 145.198 feet to an iron pin; thence North 6442'56" West 197.165 feet to an iron pin; thence North 3500'01" East 149.872 feet to a point; thence South 7025'08" East 124.857 feet to an iron pin;

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thence North 1934'52" East 300.00 feet to an iron pin; thence North 6711'38" West 41.536 feet to a point; thence North 3500'01" East 1.763 feet to an iron pin located on the Southerly right-of-way line of Georgia State Highway No. 22; thence South 65 15'18" East along the said Southerly right-of-way line of Georgia State Highway No. 22 76.173 feet to a right-of-way monument; thence South 6344'48" East continuing along the said Southerly right-of-way line of Georgia State Highway No. 22 291.064 feet to the Point of Beginning, said tract or parcel containing 2.393 acres."
The above described tract of land is more particularly shown as Parcel "C" according to a plat of survey dated June, 1979, prepared by Lamar B. Leach, Registered Land Surveyor, and entitled Meriwether 115/12 KV Substation and designated as Drawing Number K-26-12; and
WHEREAS, Georgia Power Company is the owner of certain real property located in Baldwin County, more particularly described as follows:
"All that tract or parcel of land situate, lying and being in Land Lot 281 of the 1st Land District of Baldwin County, Georgia, and being more particularly described as follows: To find the true Point of Beginning, commence at an iron pin located at the intersection of the Northerly right-of-way line of the Georgia Railroad and the Southerly right-of-way line of Georgia State Highway No. 22; extending thence North 6344'48" West along said Southerly right-of-way line of Georgia State Highway No. 22, 291.064 feet to a highway monument, thence North 6515'18" West 76.173 feet to an iron pin; thence South 3500'01" West 1.763 feet to the TRUE POINT OF BEGINNING: Thence from said true point of beginning South 3500'01" West, 313.625 feet to a point; thence North 7025'08" West, 175.143 feet to a point; thence North 1934'52" West 295.40 feet to a point; thence South 7539'08" East 100.44 feet to a point; thence South 7104'08" East 100.00 feet to an iron pin; thence South 6711'38" East 58.464 feet to the Point of Beginning, containing 1.508 acres, more or less."
The above described tract of land is more particularly shown as Parcel "A" according to a plat of survey, dated June, 1979, pre-

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pared by Lamar B. Leach, Registered Land Surveyor, and entitled Meriwether 115/12 KV Substation and designated as Drawing Number K-26-12; and
WHEREAS, Georgia Power Company, a Georgia Corporation, finds it necessary to construct, operate and maintain an electrical substation with related equipment and improvements, in connection with the transmission and distribution of electricity in the vicinity of Garrett Way and Georgia Highway No. 22 near the Milledgeville Youth Development Center; and
WHEREAS, the appraised value of the parcels were $10,908.59 for the State-owned property and $6,874.28 for the Georgia Power Company property, the State-owned property has a greater value of $4,034.31;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA, that the State Properties Commission, by its Chairman, the Governor, acting for and on behalf and in the name of the State of Georgia, is hereby authorized and empowered to convey by appropriate instrument all or any part of the hereinabove described State-owned property to the Georgia Power Company and to accept in consideration therefor, from Georgia Power Company, a conveyance in fee simple of all of the hereinabove described Georgia Power Company owned property, subject to the following conditions:
(1) That plats of survey and full legal descriptions of the tracts or parcels involved in the exchange be prepared and submitted to the State Properties Commission prior to the consummation of the exchange;
(2) That in addition to the consideration stated above, Georgia Power Company submit an additional consideration of $4,034.31, said sum being the difference in the appraised value of the two parcels of property involved; and
(3) That the said plats of survey, and such other documents as may be required, and any and all other terms, conditions and agreements relating to such exchange of properties be negotiated by and between the State Properties Commission and Georgia Power Company.
Approved March 25, 1980.

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GEORGIA HIGH SCHOOL ASSOCIATION STUDY COMMITTEE.
No. 117 (Senate Resolution No. 285).
A RESOLUTION
Creating the Georgia High School Association Study Committee; and for other purposes.
WHEREAS, some concern has been expressed regarding the regulations and policies of the Georgia High School Association which governs the scheduling of sports events among the high schools of this state; and
WHEREAS, some legislation has been offered at the 1980 legislative session on this subject; and
WHEREAS, it is advisable to review the rules and regulations of this association before considering any legislation in order to determine if other solutions to these concerns may be found.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the Georgia High School Association Study Committee to be composed of five members of the House of Representatives to be appointed by the Speaker and five members of the Senate to be appointed by the Lieutenant Governor. The committee shall select from its membership a chairman and such other officers as it deems necessary or appropriate.
BE IT FURTHER RESOLVED that the committee shall make a study of the Georgia High School Association, its governance, activities, organization, policies, regulations, and the standards or criteria by which it establishes its policies and regulations. Based on its study, the committee shall make such recommendations as it deems appropriate to the 1981 session of the General Assembly.

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BE IT FURTHER RESOLVED that the committee may meet at such times and places, not exceeding ten meeting days, as it deems necessary to carry out its responsibilities. The committee shall stand abolished as of January 1, 1981.
BE IT FURTHER RESOLVED that the members of the committee shall receive the expenses and allowances provided by law for members of the General Assembly attending meetings of legislative interim committees. The funds necessary to carry out the provisions of this resolution shall come from funds appropriated or available to the legislative branch of government.

Approved March 25, 1980.

ALCOHOLIC BEVERAGES^ LEGAL AGE TO DRINK AND POSSESS ALCOHOLIC BEVERAGES.
Code Chapter 58-6 Amended.
No. 1206 (Senate Bill No. 68).
AN ACT
To amend Code Chapter 58-6, relating to miscellaneous provisions concerning alcoholic beverages, as amended, so as to change the age at which persons can be furnished alcoholic beverages; to provide for exceptions; to provide for penalties; to provide for definitions; to change the age at which persons may purchase or possess alcoholic beverages and for whom others may purchase or acquire alcoholic beverages; to prohibit certain misrepresentations regarding age; to provide for first offenders; to provide that certain testimony shall be privileged; to repeal specifically an Act relating to the purchase of alcoholic beverages by or for minors, approved April 18, 1967 (Ga. Laws 1967, p. 797); to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors," approved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess.,

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p. 103), as amended, so as to delete certain references to furnishing alcoholic beverages to minors; to provide for construction of this Act; to provide exceptions for members of the armed forces; to provide for legislative findings; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The General Assembly finds that teenage drinking is becoming an increasingly serious problem in this state.
Section 2. Code Chapter 58-6, relating to miscellaneous provisions concerning alcoholic beverages, as amended, is hereby amended by striking in its entirety Code Section 58-612, which reads as follows:
"58-612. Furnishing liquor to minors. Any person who knowingly, by himself or another, shall furnish or cause to be furnished, or permit any other person in his employ to furnish any minor spirituous or intoxicating or malt liquors, without first obtaining written authority from the parent or guardian of said minor, shall be guilty of a felony and shall be punished by confinement and labor in the penitentiary for not less than one year nor more than five years.",
and substituting in lieu thereof a new Code Section 58-612 to read as follows:
"58-612. Furnishing alcoholic beverages to underage persons, (a) Except as now or hereafter provided by law, it shall be unlawful for any person knowingly, by himself or through another, to furnish or cause to be furnished, or permit any other person in his employ to furnish any person under 19 years of age any distilled spirits, wines, malt beverages, or any other alcoholic beverages, unless furnished for consumption:
(1) For medical purposes pursuant to a prescription of a physician duly authorized to practice medicine in this state;
(2) At a religious ceremony; or
(3) In the home with parental consent.

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(b) Any person violating the provisions of subsection (a) of this section shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor; provided, no person shall be convicted under this Code section if such person has been furnished with proper identification showing that the person who is being furnished the distilled spirits, wines, malt beverages, or other alcoholic beverages is 19 years of age or over. For purposes of this subsection (b), `proper identification' means any document issued by a governmental agency containing a description of the person, such person's photograph, or both, and giving such person's date of birth, and includes without being limited to a passport, military identification card, driver's license, or an identification card authorized under an Act providing for the issuance of identification cards by the Department of Public Safety, approved April 17, 1973 (Ga. Laws 1973, p. 807), as now or hereafter amended, but shall not include a birth certificate."
Section 3. Said Code chapter is further amended by adding after Code Section 58-612 a new Code Section 58-612.1 to read as follows:
"58-612.1. Purchase of alcoholic beverages by underage persons. (a) Except as now or hereafter provided by law, it shall be unlawful for any person under 19 years of age to purchase or knowingly to possess any distilled spirits, wines, malt beverages, or any other alcoholic beverages, unless for consumption:
(1) For medical purposes pursuant to a prescription of a physician duly authorized to practice medicine in this state;
(2) At a religious ceremony; or
(3) In the home with parental consent.
(b) It shall be unlawful for any person under 19 years of age to misrepresent his age in any manner whatever for the purpose of illegally obtaining any distilled spirits, wines, malt beverages, or any other alcoholic beverages.
(c) It shall be unlawful for any person knowingly and intentionally to act as an agent to purchase or acquire any distilled spirits, wines, malt beverages, or any other alcoholic beverages for or on

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behalf of a person under 19 years of age, except for the authorized purpose set forth in paragraphs (1), (2), or (3) of subsection (a) of this section.
(d) Any person violating the provisions of subsections (a), (b), or (c) of this section shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor; provided that any person convicted of knowing possession pursuant to subsection (a) of this section shall be punished by not more than 30 days' imprisonment, a fine of not more than $300.00, or both.
(e) Whenever any person who has not been previously convicted of any offense under this Code section or under any other law of the United States or this or any other state relating to alcoholic beverages pleads guilty to or is found guilty of a violation of subsection (a) or (b) of this Code section, the court may, without entering a judgment of guilt and with the consent of such person, defer further proceedings and place him on probation upon such reasonable terms and conditions as the court may require. Said terms of probation shall preferably be such as require the person to undergo a comprehensive rehabilitation program (including, if necessary, medical treatment), not to exceed three years, designed to acquaint him with the ill effects of alcohol abuse and to provide him with knowledge of the gains and benefits which can be achieved by being a good member of society. Upon violation of a term or condition of probation, the court may enter an adjudication of guilt and proceed accordingly. Upon fulfillment of the terms and conditions of probation, the court shall discharge such person and dismiss the proceedings against him. Discharge and dismissal under this subsection shall be without court adjudication of guilt and shall not be deemed a conviction for purposes of this subsection or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. Discharge and dismissal under this subsection may occur only once with respect to any person.
(f) Testimony by any person under 19 years of age, when given in an administrative or judicial proceeding against another person for violation of any provision of Code Section 58-612 or this Code section, shall not be used in any administrative or judicial proceeding brought against such testifying person under 19 years of age."

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GENERAL ACTS AND RESOLUTIONS, VOL. I

Section 4. An Act relating to the purchase of alcoholic beverages by or for minors, approved April 18, 1967 (Ga. Laws 1967, p. 797), is hereby repealed in its entirety.
Section 5. An Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors," approved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as amended, is hereby amended by striking from Section 15 the following:
"Any person",
and substituting in lieu thereof the following:
"Except as otherwise provided by law, any person",
and by striking the following:
"to any minor,",
so that when so amended Section 15 of said Act shall read as follows:
"Section 15. Except as otherwise provided by law, any person who by himself or another shall furnish or cause to be furnished or permit any person in his employ to furnish alcoholic, spirituous liquors, or beverages to any person who is noticeably intoxicated, or to any habitual drunkard whose intemperate habits are known to such person, shall be guilty of a misdemeanor and upon conviction shall be punished as for a misdemeanor."
Section 6. Nothing in this Act shall be construed to prohibit any person from dispensing, serving, selling, handling, or from being employed in any brewery or other establishment wherein any distilled spirits, wines, malt beverages, or other alcoholic beverages are distilled or manufactured or taking orders for distilled spirits, wines, malt beverages, or other alcoholic beverages and having possession of distilled spirits, wines, malt beverages, or other alcoholic beverages in so doing if such conduct is not otherwise prohibited by an Act restricting the employment of persons under 18 years of age to dispense, serve, sell, or take orders for distilled spirits, wines, malt beverage, or other alcoholic beverages and providing exceptions thereto, approved March 5, 1976 (Ga. Laws 1976, p. 409).

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Section 7. (a) Notwithstanding any other provision of the law to the contrary, any person who is 18 years of age or older and who is an active member of the regular armed forces of the United States is hereby authorized to purchase, consume, possess, or any combination thereof, any distilled spirits, wines, malt beverages, or other alcoholic beverages.
(b) In order to purchase any such beverages under subsection (a), a person must present a valid military identification card.
Section 8. Nothing in this Act shall be construed to modify, amend, or supersede Code Title 24A, the Juvenile Court Code of Georgia, as now or hereafter amended.
Section 9. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 10. This Act shall become effective on September 1, 1980.
Section 11. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 26, 1980.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

CORDELE JUDICIAL CIRCUIT -- ADDITIONAL JUDGE.
No. 1209 (Senate Bill No. 574).
AN ACT
To add one additional Judge of the Superior Court for the Cordele Judicial Circuit; to provide for the appointment of the first such additional judge by the Governor; to provide for the term of office of the judge and to fix the time at which he shall begin his term of office; to provide for the election of the successors of the judge initially appointed; to prescribe the powers, duties, jurisdiction, privileges, and immunities of the judge; to prescribe the compensation, salary, and expense allowances of said judge to be paid as such are paid for other judges of the superior courts of the State of Georgia; to authorize the judges of the superior courts of said circuit to adopt, promulgate, amend, and enforce rules of practice and procedure in the courts in such circuit and to provide for the allocation of the work and duties in transacting the business of said courts; to provide for the judge senior in term of continuous service to be the presiding judge, in whom is to vest the power to make all appointments whenever the law provides for the superior court judge to make appointments; to provide for the superior court judge to make appointments; to provide for the issuance of writs, processes, orders, subpoenas, and other official papers out of the court and the return and trial thereof; to provide for other matters relating to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:

Section 1. Under and in accordance with the Provisions of Article VI, Section III, Paragraph I of the Constitution of the State of Georgia of 1965, one additional Judge of the Superior Court for the Cordele Judicial Circuit of Georgia is hereby added, thereby increasing to two the number of the Judges of the Superior Court for the Cordele Judicial Circuit.
Section 2. The additional judge shall be appointed by the Governor for a term of office beginning on the first Monday following the date of his appointment and continuing through December 31,

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1982, and until his successor is elected and qualified. Such judge shall be appointed by the Governor within 30 days after the effective date of this Act. His successor shall be elected in a manner provided by.law for the election of judges of the superior courts of this State at the general election in November, 1982, for a term of four years beginning on the first day of January, 1983, and until his successor is elected and qualified. Future successors shall be elected at the general election each four years thereafter for terms of four years and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election. Such elections shall be held and conducted in the manner hereafter provided by law for the election of judges of superior courts of this State.
Section 3. The additional Judge of the Superior Court for the Cordele Judicial Circuit of Georgia shall have and may exercise all powers, duties, jurisdiction, privileges, and immunities of a judge of the court.
Section 4. The compensation, salary, and contingent expense allowance of the additional Judge of the Superior Court for the Cordele Judicial Circuit of Georgia from the State of Georgia shall be the same as that of other judges of the superior courts of Georgia.
Section 5. Upon and after qualification of the additional Judge of the Superior Court for the Cordele Judicial Circuit of Georgia, the two judges of the court may adopt, promulgate, amend, and enforce such rules of practice and procedure in consonance with the Constitution and laws of the State of Georgia as they deem suitable and proper for the effective transaction of the business of the court, and in transacting the business of the court and in performing their duties and responsibilities, they shall share, divide, and allocate the work and duties to be performed by each. In the event of disagreement among the judges in respect hereof, the decision of the senior judge in point of service shall be controlling.
Section 6. The judge of the court, senior in term of continuous service, shall be the presiding judge of the court, in whom is to vest the power to make all appointments whenever the law provides for the superior court judge to make appointments.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

Section 7. All writs, processes, orders, subpoenas, and any other official paper issuing out of the Superior Court for the Cordele Judicial Circuit may bear teste in the name of any judge of the Cordele Judicial Circuit and, when issued by and in the name of any judge of the circuit, shall be fully valid and may be heard and determined before the same or any other judge of said circuit. Any judge of the court may preside over any cause therein and perform any official act as judge thereof.
Section 8. Nothing enumerated in this Act shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia.
Section 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 10. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 26, 1980.

PROFESSIONAL TEACHING PRACTICES ACT.
No. 1211 (House Bill No. 835).
AN ACT
To provide that teaching is a profession in Georgia with the rights, responsibilities, and privileges accorded other recognized professions; to provide for a declaration of purpose; to provide for a short title; to provide for definitions; to create the Professional Practices Commission and provide for its composition and the appointment of members; to provide for qualifications, oath of office, expenses, and privilege of members of the commission; to provide for the adoption of standards of performance and a code of ethics by the commission; to provide for investigations by the commission and

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for its powers and duties relative thereto; to provide that the commission may make recommendations; to provide for an executive director and staff of the commission; to provide for funding of the commission, attachment for administrative services, acceptance of gifts or grants, and for the adoption of rules or regulations; to provide that the commission shall be the successor to and continuation of the heretofore existing Professional Practices Commission, and for the continuation in effect of existing rules, regulations, standards of performance, and code of ethics until modified or repealed and for continuation of funding; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Teaching declared to be a profession. It is the intent and purpose of the General Assembly that the practice of teaching and the rendering of administrative and supervisory services are recognized and declared to be professional services affected with the public interest. Teaching is hereby declared to be a profession in Georgia with all similar rights, responsibilities, and privileges accorded other recognized professions; and this Act shall be liberally construed so as to accomplish the foregoing purpose.
Section 2. Short title. This Act shall be known and may be cited as the "Professional Teaching Practices Act."
Section 3. Definitions. In this Act, the following terms shall have the respective meanings stated in this section unless the context clearly requires a different meaning:
(1) "Commission" means the Professional Practices Commission;
(2) "Educator" means teachers and other professional educators of this state who hold certificates issued by the State Board of Education;
(3) "Teaching" means any professional service rendered or performed by any educator;

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(4) "Local board" means the board of education of any local school system;
(5) "Local school system" means any county school system or any independent school system of a municipality;
(6) "Local superintendent" means the superintendent of schools of any local school system;
(7) "State board" means the State Board of Education;
(8) "State Superintendent" means the State Superintendent of Schools.
Section 4. Professional Practices Commission; members of commission; composition; nominations; appointment; terms; removal; vacancies, (a) A Professional Practices Commission is created which shall be composed of 17 members as follows: four elementary school teachers, four secondary school teachers, one elementary school principal, one secondary school principal, two local superintendents, one representative of the State Department of Education who shall be exempt from the provisions of paragraphs (3) and (4) of subsection (a) of Section 5 of this Act, and four professional educators who shall represent the Georgia education profession at large.
(b) A panel of three nominees for each position on the commission shall be submitted to the State Superintendent by the recognized statewide professional education organizations. From the submitted list of nominees, the State Superintendent shall recommend the appointment of an educator for membership on the commission to the state board which shall appoint such nominee to the commission for a term of three years. A commissioner shall be eligible for reappointment, but no person shall serve on the commission for more than two full terms.
(c) The commission may remove any commissioner from office for neglect of duty, incompetency, revocation or suspension of his or her certificate issued by the state board, or when such commissioner ceases to be employed full time as an educator in the capacity and position from which he or she was appointed. After such removal, or in the event of a vacancy due to death, resignation, or for any other reason, the state board shall appoint a successor as provided herein to serve the unexpired term.

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Section 5. Members of the commission; qualifications; oath of office; expenses; privilege, (a) To be eligible for appointment as a member of the commission, a person shall:
(1) Be a citizen of the United States and a resident of the State of Georgia;
(2) Be certified by the state board to teach in the State of Georgia;
(3) Be employed in the public schools of Georgia at the time of appointment; and
(4) Have been employed as an educator in the public schools of Georgia for at least five years immediately preceding his or her appointment.
(b) Immediately after appointment, each member of the commission shall take or subscribe to a written oath or affirmation required by law for state officers.
(c) Members of the commission shall receive no compensation for their services but shall be reimbursed for their actual and necessary expenses, not to exceed $44.00 per day, incurred in the performance of their official duties and for mileage at the same rate as state officials and employees. A member of the commission who is an employee of the State Department of Education or of a local board shall be permitted to attend commission meetings and perform other commission duties without loss of income or other benefits. A local board which employs a member of the commission and employs a person to replace such member during his or her performance of commission duties or incurs other additional expenses as a result of such performance shall be reimbursed for the actual amount of expenses so incurred.
(d) When acting in good faith in the course of their duties at meetings or hearings of the commission, members shall be privileged in their utterances.
Section 6. Standards of performance; code of ethics, (a) It shall be the duty of the commission, by regulation, to adopt standards of performance and a code of ethics for educators. Said standards of 39

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GENERAL ACTS AND RESOLUTIONS, VOL. I

performance and code of ethics shall represent standards of performance and conduct which are generally accepted by educators of this state. In adopting regulations as provided herein, the commission shall seek the advice of educators of this state. The standards of performance and code of ethics adopted by the commission shall be limited to professional performance and professional ethics.
(b) Upon the adoption by the commission of standards of performance and a code of ethics as provided in subsection (a) of this section, educators of this state shall be obliged to meet and comply with such standards of performance and to abide by such code of ethics.
Section 7. Investigations by commission, (a) Upon request as provided in subsection (b) of this section, the commission shall be authorized to investigate:
(1) Alleged violations by an educator of any law of this state pertaining to educators or the profession of education;
(2) Alleged violations by an educator of the code of ethics of the commission;
(3) Alleged violations by an educator of rules, regulations, or policies of the state board, the commission, or a local board; or
(4) Complaints alleging a failure by an educator to meet or comply with standards of performance of the commission, the state board, or a local board.
(b) The commission shall not be authorized, on its own motion, to make an investigation pursuant to subsection (a) of this section but may make such an investigation:
(1) Upon the request of a local board;
(2) Upon the request of the state board; or
(3) Upon the request of one or more individual residents of this state.

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(c) If the commission agrees to make an investigation pursuant to a request made under paragraphs (2) and (3) of subsection (b) of this section and if the proposed investigation involves one or more educators employed by a local board, prior to beginning such investigation, the commission shall notify, in writing, the local board employing the educators of the following:
(1) The names and addresses of the parties making the complaint that gave rise to the proposed investigation;
(2) The names of the educators employed by the local board who are proposed to be investigated; and
(3) An explanation of the complaint made against the educators employed by the local board.
(d) In making an investigation authorized by this section, the commission shall:
(1) Be authorized to conduct probable cause and plenary hearings;
(2) Have the power to administer oaths and affirmations; and
(3) Have the power to issue subpoenas in the name of the commission to compel the attendance of witnesses and the production of documents and other things to be used as evidence. Such subpoenas shall be served in any manner now or hereafter provided for service of subpoenas issued by the superior courts. In the event any person fails or refuses to obey a subpoena issued hereunder, such failure or refusal shall constitute contempt of the commission. Upon application by the commission to the superior court of the county wherein such person resides or is found, the superior court shall have power, after notice and hearing, to adjudge such person in contempt and to punish such person by a fine not exceeding $300.00 or by imprisonment not exceeding 20 days or by both such fine and imprisonment and to enter such other orders and take such other action as may be necessary to enforce compliance with and obedience to the subpoena. At such hearing the person subpoenaed shall be entitled to make any defense and to show any valid reason why he failed or refused to comply with the subpoena.

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Section 8. Recommendations of the commission, (a) Upon its completion of any investigation authorized by Section 7 of this Act, the commission may furnish to the local board or the state board, or both, findings of fact, conclusions of law, and recommendations. Based on its findings of fact and conclusions of law, the commission may recommend that no action be taken against the educators involved if the commission, in its investigation, found that the complaints against the educators were not justified. If the commission, in its investigation, found justification for the complaints against the educators involved, it may recommend any combination of the following actions:
(1) That the educators be warned or reprimanded;
(2) That the contracts of the educators be terminated, suspended, or not renewed; or
(3) That the certificates of the educators be suspended or revoked.
(b) In addition to making recommendations pursuant to subsection (a) of this section, the commission may provide consultative services pertaining to the teaching profession to anyone who has a vested interest in education and make recommendations to the state board or to local boards which will promote an improvement in the teaching profession. The commission shall be authorized to hold meetings for the purposes of determining recommendations pursuant to this subsection; and, at such meetings, the commission may receive testimony from educators or other persons interested in the improvement of the teaching profession; but the powers provided by subsection (d) of Section 7 of this Act may not be exercised pursuant to the authority of this subsection.
Section 9. Executive director; staff. The commission shall be authorized to employ an executive director and such other professional and clerical staff as may be necessary to administer and execute the responsibilities and functions of the commission as provided by this Act. The executive director and all other employees of the commission shall be members of the classified service of the State Merit System of Personnel Administration as provided by the Act completely and exhaustively revising, superseding, and consolidating the laws relating to the State Personnel Board and the State

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Merit System of Personnel Administration, approved March 13, 1975 (Ga. Laws 1975, p. 79), as amended. The executive director and all other employees of the commission shall be members of the Employees' Retirement System of Georgia. All employer contributions to said retirement system and for social security for said employees shall be paid from funds appropriated for the operation of the commission.
Section 10. Funding; attachment for administrative purposes; gifts or grants; rules and regulations, (a) The funds necessary to carry out the provisions of this Act shall come from funds appropriated or otherwise made available to the Professional Practices Commission created by this Act.
(b) The commission is assigned to the State Department of Education for administrative purposes only as prescribed by Section 3 of the Act known as the "Executive Reorganization Act of 1972," approved April 6, 1972 (Ga. Laws 1972, p. 1015).
(c) The functions of the commission being in furtherance of educational purposes, the commission may accept gifts or grants of funds or property or services from any source.
(d) The commission is authorized to adopt such rules and regulations as may be necessary to carry out the provisions of this Act. Such rules and regulations shall be adopted pursuant to and in conformity with the applicable provisions of the Act known as the "Georgia Administrative Procedure Act," approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended.
Section 11. Continuation, (a) The commission created by this Act shall be the successor to and a continuation, without interruption, of the Professional Practices Commission heretofore created by the Act known as the "Professional Teaching Practices Act," approved April 19, 1967 (Ga. Laws 1967, p. 840), as amended. The initial membership of the commission created by this Act shall be the present membership of said heretofore existing commission, and the members of said heretofore existing commission shall continue to serve for the terms of office to which they were appointed. Upon the expiration of their terms of office or in the event of a vacancy, appointments of successors or to fill vacancies shall be made in accordance with the provisions of this Act.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(b) All rules, regulations, standards of performance, and code of ethics which may have been adopted by the heretofore existing Professional Practices Commission shall continue in effect as rules, regulations, standards of performance, and code of ethics of the commission created by this Act until modified or repealed pursuant to the provisions of this Act.
(c) Until the 1980-81 fiscal year and thereafter when funds are appropriated for the operation of the commission pursuant to Section 10 of this Act, the commission shall continue to be funded from funds heretofore appropriated to the State Department of Education for such purpose.
Section 12. Specific Act repealed. The Act known as the "Professional Teaching Practices Act," approved April 19, 1967 (Ga. Laws 1967, p. 840), as amended, is hereby repealed in its entirety.
Section 13. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 14. Conflicting laws repealed. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 26, 1980.

ATLANTIC JUDICIAL CIRCUIT - COUNTY SUPPLEMENTS FOR JUDGES AND DISTRICT ATTORNEY.
No. 1227 (House Bill No. 1772).
AN ACT
To amend an Act to provide for a supplement to the compensation, expenses, and allowances of the district attorney of the Atlantic Judicial Circuit, approved April 11, 1979 (Ga. Laws 1979, p. 584), so as to authorize such supplements for the judges of the circuit; to

GEORGIA LAWS 1980 SESSION

1223

provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act to provide for a supplement to the compensation, expenses, and allowances of the district attorney of the Atlantic Judicial Circuit, approved April 11, 1979 (Ga. Laws 1979, p. 584), is hereby amended by striking Section 1 thereof in its entirety and substituting in lieu thereof a new Section 1 to read as follows:
"Section 1. Each county lying within the Atlantic Judicial Circuit may supplement the salary of each judge and of the district attorney of the Atlantic Judicial Circuit in an amount to be determined within the discretion of the county governing authority. Each such supplement may be received and retained by the judges and by the district attorney of the Atlantic Judicial Circuit and shall be in addition to the compensation, salary, expenses, and allowances otherwise provided by, or pursuant to, law for the judges and the district attorney. Each such supplement shall be paid in monthly installments at the time the salary of the judges and the district attorney paid from state funds is paid."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill to amend an Act to provide for a supplement to the compensation of the district attorney of the Atlantic Judicial Circuit, approved April 11, 1979 (Ga. Laws 1979, p. 584), so as to authorize such a supplement for the judges of the circuit; and for other purposes.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

This 7th day of January, 1980.

Rene' D. Kemp Representative, 139th District Joseph E. Kennedy Senator, 4th District Richard W. Littlefield, Jr. Senator, 6th District Glenn E. Bryant Senator, 3rd District Thomas Clifton Representative, 121st District A. D. Clifton Representative, 107th District

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rene' D. Kemp who, on oath, deposes and says that he/she is Representative from the 139th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Ludowici News which is the official organ of Long County, on the following dates: January 10, 17, and 24, 1980.

Is/ Rene' D. Kemp Representative, 139th District

GEORGIA LAWS 1980 SESSION

1225

Sworn to and subscribed before me, this 13th day of February, 1980.
Isi Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill to amend an Act to provide for a supplement to the compensation of the district attorney of the Atlantic Judicial Circuit, approved April 11, 1979 (Ga. Laws 1979, p. 584), so as to authorize such a supplement for the judges of the circuit; and for other purposes.

This 7th day of January, 1980.

Rene' D. Kemp Representative, 139th District Joseph E. Kennedy Senator, 4th District Richard W. Littlefield, Jr. Senator, 6th District Glenn E. Bryant Senator, 3rd District Thomas Clifton Representative, 121st District A. D. Clifton Representative, 107th District

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rene' D. Kemp who, on oath,

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GENERAL ACTS AND RESOLUTIONS, VOL. I

deposes and says that he/she is Representative from the 139th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Darien News which is the official organ of McIntosh County, on the following dates: January 10, 17, and 24, 1980.

Is/ Rene' D. Kemp Representative, 139th District

Sworn to and subscribed before me, this 13th day of February, 1980.

Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Notice of Intention to Introduce Local Legislation.

Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill to amend an Act to provide for a supplement to the compensation of the district attorney of the Atlantic Judicial Circuit, approved April 11, 1979 (Ga. Laws 1979, p. 584), so as to authorize such a supplement for the judges of the circuit; and for other purposes.

This 7th day of January, 1980.

Rene' D. Kemp Representative, 139th District Joseph E. Kennedy Senator, 4th District Richard W. Littlefield, Jr. Senator, 6th District

GEORGIA LAWS 1980 SESSION

1227

Glenn E. Bryant Senator, 3rd District Thomas Clifton Representative, 121st District A. D. Clifton Representative, 107th District

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rene' D. Kemp who, on oath, deposes and says that he/she is Representative from the 139th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Tattnall Journal which is the official organ of Tattnall County, on the following dates: January 10, 17, 24, 1980.

Is/ Rene' D. Kemp Representative, 139th District

Sworn to and subscribed before me, this 13th day of February, 1980.

Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

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GENERAL ACTS AND RESOLUTIONS, VOL. I

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill to amend an Act to provide for a supplement to the compensation of the district attorney of the Atlantic Judicial Circuit, approved April 11, 1979 (Ga. Laws 1979, p. 584), so as to authorize such a supplement for the judges of the circuit; and for other purposes.
This 7th day of January, 1980.
Rene' D. Kemp Representative, 139th District Joseph E. Kennedy Senator, 4th District Richard W. Littlefield, Jr. Senator, 6th District Glenn E. Bryant Senator, 3rd District Thomas Clifton Representative/! > 121st District A. D. Clifton Representative, 107th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rene' D. Kemp who, on oath, deposes and says that he/she is Representative from the 139th District, and that the attached copy of Notice of Intention to Introduce

GEORGIA LAWS 1980 SESSION

1229

Local Legislation was published in the Liberty County Herald which is the official organ of Liberty County, on the following dates: January 10, 17, and 24, 1980.

Is/ Rene' D. Kemp Representative, 139th District

Sworn to and subscribed before me, this 13th day of February, 1980.

Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Notice of Intention to Introduce Local Legislation.

Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill to amend an Act to provide for a supplement to the compensation of the district attorney of the Atlantic Judicial Circuit, approved April 11, 1979 (Ga. Laws 1979, p. 584), so as to authorize such a supplement for the judges of the circuit; and for other purposes.

This 7th day of January, 1980.

Rene' D. Kemp Representative, 139th District Joseph E. Kennedy Senator, 4th District Richard W. Littlefield, Jr. Senator, 6th District

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GENERAL ACTS AND RESOLUTIONS, VOL. I

Glenn E. Bryant Senator, 3rd District Thomas Clifton Representative, 121st District A. D. Clifton Representative, 107th District

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rene' D. Kemp who, on oath, deposes and says that he/she is Representative from the 139th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Claxton Enterprise which is the official organ of Evans County, on the following dates: January 24, 31, February 7, 1980.

/s/' Rene' D. Kemp Representative, 139th District

Sworn to and subscribed before me, this 13th day of February, 1980.

Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill to

GEORGIA LAWS 1980 SESSION

1231

amend an Act to provide for a supplement to the compensation of the district attorney of the Atlantic Judicial Circuit, approved April 11, 1979 (Ga. Laws 1979, p. 584), so as to authorize such a supplement for the judges of the circuit; and for other purposes.

This 7th day of January, 1980.

Rene' D. Kemp Representative, 139th District Joseph E. Kennedy Senator, 4th District Richard W. Littlefield, Jr. Senator, 6th District Glenn E. Bryant Senator, 3rd District Thomas Clifton Representative, 121st District A. D. Clifton Representative, 107th District

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rene' D. Kemp who, on oath, deposes and says that he/she is Representative from the 139th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Bryan County News which is the official organ of Bryan County, on the following dates: January 24, 31, February 7, 1980.
Is/ Rene' D. Kemp Representative, 139th District

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GENERAL ACTS AND RESOLUTIONS, VOL. I

Sworn to and subscribed before me, this 13th day of February, 1980.

Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Approved March 26, 1980.

NORTHERN JUDICIAL CIRCUIT -- SALARY, ETC. OF ADDITIONAL JUDGE.
No. 1251 (House Bill No. 1824).
AN ACT
To amend an Act adding one additional judge of the superior courts of the Northern Judicial Circuit of Georgia, approved March 23, 1977 (Ga. Laws 1977, p. 572), so as to change the compensation provisions relating to said additional judge; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act adding one additional judge of the superior courts of the Northern Judicial Circuit of Georgia, approved March 23, 1977 (Ga. Laws 1977, p. 572), is hereby amended by striking Section 5 in its entirety and inserting in lieu thereof a new Section 5 to read as follows:

GEORGIA LAWS 1980 SESSION

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"Section 5. The qualifications of such additional judge and his successors shall be the same as are now provided by law for all other superior court judges, and his compensation, salary and expense allowance from the State of Georgia shall be the same as that of the other judge of the superior courts of the Northern Judicial Circuit. The salary supplement heretofore enacted by the counties of said circuit for the present judge shall also be applicable to the additional judge of said circuit."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 26, 1980.

FRAUDULENT AND DECEPTIVE PRACTICES IN THE SALE OF BUSINESS OPPORTUNITIES.
No. 1291 (House Bill No. 407).
AN ACT
To prevent and prohibit fraudulent and deceptive practices in the sale of business opportunities; to provide for definitions; to provide for disclosure statements and the contents and filing thereof; to provide for bonds; to provide for trust accounts and deposits; to provide for escrow accounts; to provide for filing of information with the Administrator of the Fair Business Practices Act; to provide that certain acts shall be prohibited; to require certain contracts to be in writing; to provide for form and provisions of contracts; to provide for penalties; to provide for remedies; to provide for practices and procedures; to provide for other matters relative to the foregoing; to provide for severability; to repeal conflicting laws; and for other purposes.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

Be it enacted by the General Assembly of Georgia:
Section 1. Definition. For the purposes of this Act, "business opportunity" means the sale or lease of any products, equipment, supplies or services which are sold to the purchaser for the purpose of enabling the purchaser to start a business, and in which the seller represents:
(1) that the seller will provide locations or assist the purchaser in finding locations for the use or operation of vending machines, racks, display cases or other similar devices, or currency-operated amusement machines or devices, on premises neither owned nor leased by the purchaser or seller; or
(2) that the seller will purchase any or all products made, produced, fabricated, grown, bred or modified by the purchaser using in whole or in part, the supplies, services or chattels sold to the purchaser; or
(3) that the seller guarantees that the purchaser will derive income from the business opportunity which exceeds the price paid for the business opportunity; or that the seller will refund all or part of the price paid for the business opportunity, or repurchase any of the products, equipment, supplies or chattels supplied by the seller, if the purchaser is unsatisfied with the business opportunity; or
(4) that upon payment by the purchaser of a fee or sum of money which exceeds fifty dollars ($50.00) to the seller, the seller will provide a sales program or marketing program which will enable the purchaser to derive income from the business opportunity which exceeds the price paid for the business opportunity, provided that this subsection shall not apply to the sale of a marketing program made in conjunction with the licensing of a registered trademark or service mark. Provided that "business opportunity" does not include the sale of an ongoing business when the owner of that business sells and intends to sell only that one business opportunity; nor does it include the not-for-profit sale of sales demonstration equipment, materials, or samples, for a total price of three hundred dollars ($300.00) or less.
Notwithstanding the foregoing, "business opportunity" shall not be deemed to include any relationship created solely by or involving

GEORGIA LAWS 1980 SESSION

1235

(i) the relationship between an employer and an employee, or among general business partners; or (ii) membership in a bona fide "cooperative association" or transactions between bona fide "cooperative associations" and their members. A "cooperative association" is either (i) an association of producers of agricultural products organized pursuant to the Cooperative Marketing Act of the State of Georgia, or statutes similar thereto enacted by other states; or (ii) an organization operated on a cooperative basis by and for independent retailers which wholesales goods or furnishes services primarily to its member-retailers. No Agri business corporation shall be deemed to be included under this Act.
Section 2. Required disclosure statement. At least 48 hours prior to the time the purchaser signs a business opportunity contract, or at least 48 hours prior to the receipt of any consideration by the seller, whichever occurs first, the seller must provide the prospective purchaser a written document, the cover sheet of which is entitled in at least 10-point bold face capital letters "DISCLOSURES REQUIRED BY GEORGIA LAW." Under this title shall appear the statement in at least 10-point type that "The State of Georgia has not reviewed and does not approve, recommend, endorse or sponsor any business opportunity. The information contained in this disclosure has not been verified by the State. If you have any questions about this investment, see an attorney before you sign a contract or agreement." Nothing except the title and required statement shall appear on the cover sheet. The disclosure document shall contain the following information:
(1) The name of the seller, whether the seller is doing business as an individual, partnership, or corporation, the names under which the seller has done, is doing or intends to do business, and the name of any parent or affiliated company that will engage in business transactions with purchasers or who takes responsibility for statements made by the seller.
(2) The names, addresses and titles of the seller's officers, directors, trustees, general partners, general managers, principal executives, and any other persons charged with responsibility for the seller's business activities relating to the sale of business opportunities.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(3) The length of time the seller has:

(A) sold business opportunities;

(B) sold business opportunities involving the product, equipment, supplies or services currently being offered to the purchaser.

(4) A full and detailed description of the actual services that the business opportunity seller undertakes to perform for the purchaser.

(5) A copy of a current (not older than 13 months) financial statement of the seller, updated to reflect any material changes in the seller's financial condition.

(6) If training of any type is promised by the seller, the disclosure statement must set forth a complete description of the training and the length of the training.

(7) If the seller promises services to be performed in connection with the placement of the equipment, product or supplies at various locations, the disclosure statement must set forth the full nature of those services as well as the nature of the agreements to be made with the owners or managers of these locations where the purchaser's equipment, product or supplies will be placed.

(8) If the business opportunity seller is required to secure a bond or establish a trust deposit pursuant to Section 3, the document shall state either:
(A) "As required by Georgia law, the seller has secured a bond

issued by

(name and address

of surety company)

a surety company authorized to

do business in this State. Before signing a contract to purchase this business opportunity, you should check with the surety company to determine the bond's current status," or

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1237

(B) "As required by Georgia law, the seller has established a

trust account

(number of account)

with

(name and address of bank or savings institution)

Before signing a contract to purchase this business opportunity, you should check with the bank or savings institution to determine the current status of the trust account."

(9) The following statement:

"If the seller fails to deliver the product, equipment or supplies necessary to begin substantial operation of the business within 45 days of the delivery date stated in your contract, you may notify the seller in writing and demand that the contract be cancelled."

(10) If the seller makes any statement concerning sales or earnings, or range of sales or earnings that may be made through this business opportunity, the document must disclose:

(A) The total number of purchasers of business opportunities involving the product, equipment, supplies or services being offered who to the seller's knowledge have actually received earnings in the amount or range specified, within three years prior to the date of the disclosure statement.

(B) The total number of purchasers of business opportunities involving the product, equipment, supplies or services being offered within three years prior to the date of the disclosure statement.

(11) The following statement:

"The seller of a business opportunity shall collect no more than fifteen percent (15%) of the purchase price. The balance of the purchase price shall be paid into an escrow account, established with a bank or an attorney, which is agreed upon by both parties. The balance in escrow shall be paid to the seller only upon complete compliance with the terms of the contract."

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(12) In lieu of the disclosures required by paragraphs (1), (2), (3), (4), (5), (6), (7), (9), and (10) of this Section, a seller may utilize the documents prescribed by the Federal Trade Commission, pursuant to Title 16, Chapter 1, Subchapter D, Trade Regulation Rules, Part 436--Disclosure Requirements and Prohibitions Concerning Franchising and Business Opportunity Ventures. Provided the seller shall provide the prospective purchaser with a separate written cover sheet which is entitled in at least 10-point bold face capital letters "DISCLOSURES REQUIRED BY GEORGIA LAW." Under this title shall appear the statement in at least 10-point type that "The State of Georgia has not reviewed and does not approve, recommend, endorse or sponsor any business opportunity. The information contained in this disclosure has not been verified by the State. If you have any questions about this investment, see an attorney before you sign a contract or agreement." Nothing except the title and required statement shall appear on the cover sheet.
Section 3. Bond or trust account required; escrow account required, (a) If the business opportunity seller makes any of the representations set forth in Section 1 (3), the seller must either, have obtained a surety bond issued by a surety company authorized to do business in this State or have established a trust account with a licensed and insured bank or savings institution located in the State of Georgia. The amount of the bond or trust account shall be an amount not less than seventy-five thousand dollars ($75,000.00). The bond or trust account shall be in favor of the State of Georgia. Any person who is damaged by any violation of this Act, or by the seller's breach of the contract for the business opportunity sale or of any obligation arising therefrom may bring an action against the bond or trust account to recover damages suffered; provided, however, that the aggregate liability of the surety or trustee shall be only for actual damages and in no event shall exceed the amount of the bond or trust account.
(b) In any sale of a business opportunity, the seller shall collect no more than fifteen percent (15%) of the total purchase price, with the balance to be placed in an independent escrow account, agreed upon by both parties. The balance in the escrow account shall be paid to the seller only upon complete compliance with the terms of the contract.

GEORGIA LAWS 1980 SESSION

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Section 4. Filing with the Administrator of the Fair Business Practices Act. (a) The seller of every business opportunity shall file with the Administrator of the Fair Business Practices Act a copy of the disclosure statement required by Section 2 prior to placing any advertisement or making any other representations to prospective purchasers in this State and shall update this filing as any material change in the required information occurs, but no less than annually. If the seller is required by Section 3 to provide a bond or establish a trust account, he shall contemporaneously file with the Administrator of the Fair Business Practices Act a copy of the bond or a copy of the formal notification by the depository that the trust account is established.
(b) The Administrator of the Fair Business Practices Act shall be authorized to charge and collect a fee which reflects the cost of the filing and updating the documents with his office required by this Act, not to exceed one hundred dollars ($100.00).
(c) (1) Upon the filing of the disclosure statement and upon the Administrator's finding of compliance with the disclosure requirements of Section 2, the Administrator shall issue to the business opportunity seller an advertisement identification number.
(2) The seller shall disclose, to each person with whom he places advertising, the advertisement identification number which may be recorded by the person receiving the advertising so that the advertising media may verify the authenticity of the registration.
(d) Every corporation, whether domestic or foreign, and every business, and every person representing or pretending to represent such corporation or business as an agent, salesman, officer, or employee thereof, who shall solicit, advertise, offer, or contract for any business opportunity in this State without filing as required in this Section shall be guilty of a felony and upon conviction shall be punished by imprisonment for not more than five years in the State penitentiary or by a fine of not more than $50,000.00, or both.
Section 5. Prohibited acts. Business opportunity sellers shall not:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(1) represent that the business opportunity provides income or earning potential of any kind unless the seller has documented data to substantiate the claims of income or earning potential and discloses this data to the prospective purchaser at the time such representation is made;
(2) use the trademark, service mark, trade names, logotype, advertising or other commercial symbol of any business which does not either control the ownership interest in the seller or accept responsibility for all representations made by the seller in regard to the business opportunity, unless it is clear from the circumstances that the owner of the commercial symbol is not involved in the sale of the business opportunity;
(3) make or authorize the making of any reference to its compliance with this Act in any advertisement or other contact with prospective purchasers.
Section 6. Contracts to be in writing; form; provisions, (a) Every business opportunity contract shall be in writing and a copy shall be given to the purchaser at the time he signs the contract.
(b) Every contract for a business opportunity shall include the following:
(1) the terms and conditions of payment;
(2) a full and detailed description of the acts or services that the business opportunity seller undertakes to perform for the purchaser;
(3) the seller's principal business address and the name and address of its agent in the State of Georgia authorized to receive service of process;
(4) the approximate delivery date of any product, equipment or supplies the business opportunity seller is to deliver to the purchaser.
Section 7. Remedies, (a) If a business opportunity seller uses any untrue or misleading statements in the sale of a business opportunity, or fails to give the proper disclosures in the manner required by Section 2, or fails to deliver the equipment, supplies or product necessary to begin substantial operation of the business within 45

GEORGIA LAWS 1980 SESSION

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days of the delivery date stated in the business opportunity contract, or if the contract does not comply with the requirements of Section 6, then, within one year of the date of the contract, upon written notice to seller, the purchaser may void the contract and shall be entitled to receive from the business opportunity seller all sums paid to the business opportunity seller. Upon receipt of such sums, the purchaser shall make available to the seller at purchaser's address or at the places at which they are located at the time notice is given, all products, equipment or supplies received by the purchaser. Provided that purchaser shall not be entitled to unjust enrichment by exercising the remedies provided in this subsection.
(b) Any purchaser injured by a violation of the Act or by the business opportunity seller's breach of a contract subject to this Act or any obligation arising therefrom may bring an action for recovery of damages, including reasonable attorneys' fees.
(c) Upon complaint of any person that a business opportunity seller has violated the provisions of this Act, the superior court shall have jurisdiction to enjoin the defendant from further such violations.
(d) The remedies provided herein shall be in addition to any other remedies provided for by law or in equity.
(e) Whenever the Attorney General or the appropriate District Attorney has reason to believe that any person or company is offering business opportunities for sale in violation of this Act and that proceedings would be in the public interest, he may move in the name of the State of Georgia in a superior court for a restraining order or temporary or permanent injunction to prohibit such offer. The action may be brought in the superior court of the county in which such person resides or has his principal place of business or in the superior court of the county in which the unlawful offer or sale has been or is about to be committed.
(f) The violation of any provision of this Act shall constitute an unfair or deceptive act or practice in the conduct of a consumer transaction under the "Fair Business Practices Act of 1975," approved April 10, 1975 (Ga. Laws 1975, p. 376), as now or hereafter amended.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(g) Nothing contained in this Act shall be construed to limit, modify, or repeal any provisions of the "Georgia Securities Act of 1973," approved April 18, 1973 (Ga. Laws 1973* p. 1202), as now or hereafter amended, including, but not limited to, the definition of "security" as contained in paragraph 16 of subsection (a) of Section 2 of said Act.
(h) Failure to comply with the provisions of this Act shall constitute a felony and upon conviction shall be punished by imprisonment for not more than five years in the State penitentiary or by a fine of not more than $50,000.00, or both.
Section 8. Severability. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would Have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 9. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 28, 1980.

GEORGIA FIREFIGHTER STANDARDS AND TRAINING ACT AMENDED.
No. 1292 (Senate Bill No. 473).
AN ACT
To amend an Act known as the "Georgia Firefighter Standards and Training Act," approved April 10, 1971 (Ga. Laws 1971, p.

GEORGIA LAWS 1980 SESSION

1243

693), as amended, so as to provide for minimum requirements of professional competence for personnel assigned to protect certain airports located in this state; to define certain terms; to provide for a course of instruction; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia;
Section 1. An Act known as the "Georgia Firefighter Standards and Training Act," approved April 10, 1971 (Ga. Laws 1971, p. 693), as amended, is hereby amended by adding two new subsections at the end of Section 2, to be designated subsections (d) and (e), to read as follows:
"(d) `Airport' means any airport located in this state which has regularly scheduled commercial air carrier service or commuter airline service as required for certification under Section 139.49 of the Federal Aviation Administration regulations.
(e) `Airport firefighter' means any person assigned to any airport located in the State of Georgia who performs the duties of firefighting, rescue, fire inspection, or any other duties normally associated with airport fire suppression or fire safety."
Section 2. Said Act is further amended by adding a new section immediately following Section 9, to be designated Section 9A, to read as follows:
"Section 9A. Minimum training of personnel assigned as airport firefighters, (a) Any person assigned as an airport firefighter at any airport shall, as a minimum, meet the minimum physical fitness requirements of Section 2-3, National Fire Protection Association, 1001, Firefighter Professional Qualifications.
(b) Any person assigned as an airport firefighter at any airport shall satisfactorily complete within 60 days a course of instruction which shall be specifically developed by the Georgia Fire Academy for airport firefighters and approved by the Georgia Firefighter Standards and Training Council.

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(c) The course of instruction shall meet, as a minimum, standards for airport firefighter professional qualifications, National Fire Protection Association, 1003, and shall also meet or exceed any standards, provisions, or requirements of the Federal Aviation Administration relating to airport firefighter training or qualifications. Firefighter requirements 1 and 2 of National Fire Protection Association, 1001 are hereby exempted.
(d) The Georgia Fire Academy shall develop the course of instruction with the advice of the Air Line Pilots Association Fire and Rescue Committee, National Fire Protection Association, Aviation Committee, the Airport Certification Branch of the Federal Aviation Administration, and at least two members of representative airport authorities and other officials as selected or needed.
(e) Upon satisfactory completion of the course of instruction by an airport firefighter, the superintendent of the Georgia Fire Academy shall submit the name of the person to the director of the Georgia Firefighter Standards and Training Council which shall cause a certificate of satisfactory completion to be issued.
(f) In addition to the initial training, performance, and physical fitness requirements, an airport firefighter shall satisfactorily complete a reevaluation each calendar year thereafter. The reevaluation shall be conducted by the Georgia Fire Academy or its designee and shall include both written and performance tests and shall include, as a minimum, 50 percent of the performance standards of National Fire Protection Association, 1003 and shall meet applicable Federal Aviation Administration performance standards.
(g) Fire officers who have attained the rank of lieutenant or higher and who have been assigned to an airport at least six months prior to the effective date of this Act are hereby excluded from the minimum physical fitness requirements as referred to in subsection (a); however, such fire officers shall meet all other provisions of this Act.
(h) An airport firefighter shall, in addition to the provisions of this section, meet all of the other qualifications contained in this Act."

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 28, 1980.

PUBLIC HEALTH -- REGISTRATION OF SPINAL-CORD DISABLED PERSONS.
Code Title 88 Amended.
No. 1293 (Senate Bill No. 11).
AN ACT
To amend Code Title 88, relating to public health, as amended, so as to provide a new Code Chapter requiring the registration of spinal-cord-disabled persons; to provide for legislative intent; to provide definitions; to provide for registration reports and exceptions thereto; to provide for lists, notifications, referrals, and records; to provide for rules and regulations; to provide for availability of information except under certain circumstances; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Title 88,, relating to public health, as amended, is hereby amended by adding at the end thereof a new Code Chapter, to be designated Code Chapter 88-34, to read as follows:
"CHAPTER 88-34. REGISTRATION OF SPINAL-CORD DISABLED.
88-3401. Legislative intent. It is the intent of the General Assembly to insure the registration of all spinal-cord-disabled persons by the Department of Human Resources in order that all spinalcord-disabled persons might obtain rehabilitative services provided

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by existing State agencies, departments, and other organizations and individuals.
88-3402. Definitions. As used in this Chapter:
(a) `Spinal-cord disabled' means any spinal cord disease, injury, or neural tube defect, whether congenital or acquired, which results in partial or total loss of motor or sensory functions and which results in partial or total disability whether such disability is temporary or permanent.
(b) `Department' means the Department of Human Resources.
88-3403. Registration procedures. Except as otherwise provided, every public and private health and social agency, and every physician authorized to practice medicine in this State, shall report to the Department any person such agency or physician has identified as being spinal-cord disabled. The report shall be made within seven calendar days after identification of the spinal-cord-disabled person. The report shall contain the name, age, address, type and extent of disability, and such other information concerning the disabled person as the Department may require. If the spinal-corddisabled person is identified as having temporary partial disability, the person making such identification shall request consent of the disabled person, or of such disabled person's immediate family or guardian if the disabled person is unable to consent, to make such report; only if such consent is obtained shall such report be required to be made for such temporary partial disability.
88-3404. Duties of the Department, (a) The Department shall establish procedures whereby a spinal-cord-disabled person for whom a report is made under this Chapter shall be referred to appropriate public or private departments or agencies for treatment and rehabilitative services unless such disabled person, or such person's immediate family or guardian if such person is unable to give consent, refuses to consent to such referral; provided, that such referrals shall be made notwithstanding such failure to obtain consent if the disabled person is a recipient of State funds to maintain such person including, but not limited to, Aid to Families with Dependent Children and Workers' Compensation.

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(b) The Department shall keep a list and short summary of services offered by State departments, divisions, agencies, and private organizations that serve spinal-cord-disabled individuals and send a copy thereof to each person whose disability is recorded.
(c) The Department's Epidemiological Section shall maintain records of reports, notifications, and referrals made under this Chapter.
(d) Statistical information collected under this Chapter shall be available to any other federal or State agency or private organization concerned with spinal cord dysfunction, but no names or addresses will be provided without the consent of the spinal-corddisabled person, or the consent of the immediate family or guardian of such person if that person is unable to consent."

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 31, 1980.

GEORGIA CIVIL DEFENSE ACT OF 1951 AMENDED STATE GRANTS.
No. 1294 (Senate Bill No. 52).
AN ACT
To amend an Act known as the "Georgia Civil Defense Act of 1951", approved February 19, 1951 (Ga. Laws 1951, p. 224), as amended, particularly by an Act approved March 15, 1973 (Ga. Laws 1973, p. 74), and by an Act approved April 24, 1975 (Ga. Laws 1975, p. 1262), so as to provide for State grants to assist local

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organizations for civil defense in the purchase of disaster preparedness equipment; to provide for procedures, requirements and other matters relative thereto; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act known as the "Georgia Civil Defense Act of 1951", approved February 19, 1951 (Ga. Laws 1951, p. 224), as amended, particularly by an Act approved March 15, 1973 (Ga. Laws 1973, p. 74), and by an Act approved April 24, 1975 (Ga. Laws 1975, p. 1262), is hereby amended by adding a new subsection at the end of Section 9 to be designated subsection (c) and to read as follows:
"(c) There is hereby created a State fund to provide assistance to local organizations for civil defense which are authorized by subsections (a) and (b) of this Section. Said fund shall be used for the purpose of making grants to such local civil defense organizations to enable such organizations to purchase or otherwise obtain equipment which is needed for disaster preparedness. Said fund shall be administered by the Director of Civil Defense who, by rules and regulations, shall establish uniform criteria governing application for and the use of funds granted to local organizations for civil defense pursuant to this subsection. Such rules and regulations shall include, but shall not be limited to, provisions:
(1) Requiring that, as a condition precedent to receiving a State grant pursuant to this subsection, an amount equal to the State grant shall be raised from local funds for the purchase of disaster preparedness equipment; and
(2) Defining disaster preparedness equipment which shall qualify for purchase by the use of matching funds made available pursuant to this subsection; and
(3) Establishing procedures and requirements governing the purchase of disaster preparedness equipment when matching funds made available pursuant to this subsection are used for such purchase; and

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(4) Establishing priorities governing grants made pursuant to this subsection which shall be based on the most effective and efficient use of disaster preparedness equipment purchased with matching funds made available pursuant to this subsection; and
(5) Establishing forms, procedures and requirements governing applications for grants pursuant to this subsection; and
(6) Prohibiting any single local civil defense organization from receiving more than 12 1/2 percent of the total funds annually appropriated to carry out the provisions of this subsection.
The funds necessary to carry out the provisions of this subsection shall come from funds specifically appropriated for such purpose by the General Assembly."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 31,1980.

INSURANCE - POLICIES COVERING SERVICES WITHIN SCOPE OF APPLIED PSYCHOLOGISTS.
Code Chapter 56-24 Amended.
No. 1295 (Senate Bill No. 169).
AN ACT
To amend Code Chapter 56-24, relating to the insurance contract in general, as amended, so as to provide that all insurance contracts of accident and sickness insurance, including individual, group, and blanket policies which provide coverage for services within the scope of an applied psychologist duly licensed to practice in this State shall provide that such reimbursements are payable 40

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regardless of whether such services are performed by a doctor of medicine or by an applied psychologist; to provide a definition; to provide for applicability; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Chapter 56-24, relating to the insurance contract in general, as amended, is hereby amended by adding at the end thereof a new Code Section, to be designated Code Section 562445, to read as follows:
"56-2445. Policies or contracts providing reimbursement for services within the lawful scope of practice of applied psychologists, (a) Notwithstanding any provisions in such policies or contracts which might be construed to the contrary, from and after July 1, 1980, all individual (Chapter 56-30) and group or blanket (Chapter 56-31) policies of accident and sickness insurance and individual or group service or indemnity contracts issued by nonprofit corporations (Chapters 56-17 and 56-18) or by health care corporations (Chapter 56-17A) which are issued, delivered, issued for delivery, amended or renewed in this State and which provide coverage for services which are within the lawful scope of practice of an applied psychologist duly licensed to practice in this State, shall be deemed to provide that any person covered under such policies or contracts shall be entitled to receive reimbursement for such services under such policies or contracts regardless of whether they are rendered by a duly licensed doctor of medicine or by a duly licensed applied psychologist.
(b) For purposes of this Code Section `applied psychologist' shall mean any person who is:
(1) duly licensed as an applied psychologist under an Act which provides for the licensure of applied psychologists, approved February 21, 1951 (Ga. Laws 1951, p. 408), as now or hereafter amended, and has a doctoral degree from an accredited educational institution and a year of supervised experience in a setting approved by the Board of Examiners of Psychologists;

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(2) required by Georgia law to meet continuing education requirements as a condition for renewal of licensing; and
(3) required to adhere to the American Psychological Association's Ethical Standards of Psychologists (Revised 1977)."
Section 2. This Act shall not be construed so as to impair the obligation of any policy or contract which is in existence prior to the effective date of this Act.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 31, 1980.

INSURANCE - OUTPATIENT SURGICAL PROCEDURES.
Code Section 56-3016 Amended.
No. 1296 (Senate Bill No. 217).
AN ACT
To amend Code Section 56-3016, relating to medical or surgical policies, as amended, so as to provide coverage on an outpatient basis; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 56-3016, relating to medical or surgical policies, as amended, is hereby amended by designating the first two paragraphs of said Code section as subsections (a) and (b), respectively, and by adding a new subsection a end of Code Section 56-3016, to be designated subsection (c), to. ad as follows:

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"(c) (1) All individual accident and sickness policies that provide coverage for medical or surgical procedures which are required to be performed on an inpatient basis at a licensed hospital shall contain a provision as a part of the policy or as an endorsement thereto which provides reimbursement for any covered medical or surgical procedures approved by the Commissioner in accordance with paragraph (3) below when such procedures are performed on an outpatient basis at a licensed outpatient surgical facility affiliated with a licensed hospital, at a licensed freestanding surgical facility, at any medical or surgical facilities operated by a health maintenance organization, at the office of a licensed medical doctor which provides health care services in return for a specific charge or charges.
(2) All such payments shall be made in compliance with the schedule of benefits, if any, contained in the policy, otherwise on the usual, customary, and reasonable professional charges for such procedures when performed in a hospital on an inpatient basis.
(3) The Commissioner shall have the authority to promulgate appropriate rules and regulations with the advice of the Department of Human Resources which shall contain a listing of approved medical or surgical procedures that the Commissioner of Human Resources has certified can be legally and safely performed on an outpatient basis. The listing may include but shall not be limited to the following types of procedures: emergency medical or surgical procedures, and other procedures that the Insurance Commissioner may deem appropriate. The Insurance Commissioner may also consult with the Georgia Foundation for Medical Care and other groups of health care professionals in connection with the promulgation of rules and regulations.
(4) The provisions of this subsection shall also apply to policies or contracts issued by a hospital service nonprofit corporation, a health care plan, a nonprofit medical service corporation, a health maintenance organization, a fraternal benefit society, or any other similar entity.
(5) Nothing contained in this subsection shall be deemed to prohibit any of the entities described in paragraph (4) from providing more outpatient benefits or coverage than is required by this subsection."

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Section 2. The provisions of this Act shall become effective September 1, 1980.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 31, 1980.

NUISANCES - AGRICULTURAL OR FARMING OPERATIONS.
No. 1297 (Senate Bill No. 348).
AN ACT
To provide that no agricultural or farming operation shall be or become a nuisance as a result of changed conditions in or around the locality of such agricultural or farming operation; to provide for legislative determination and declaration of policy; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Legislative determination and declaration of policy. It is the declared policy of the state to conserve and protect and encourage the development and improvement of its agricultural land for the production of food and other agricultural products. When nonagricultural land uses extend into agricultural areas, agricultural operations often become the subject of nuisance suits. As a result, agricultural operations are sometimes forced to cease operations. Many others are discouraged from making investments in farm improvements. It is the purpose of this Act to reduce the loss to the state of its agricultural resources by limiting the circumstances under which agricultural operations may be deemed to be a nuisance.

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Section 2. Agricultural or farming operations; nuisances. No agricultural or farming operation, place, establishment, or facility, or any of its appurtenances, or the operation thereof, shall be or shall become a nuisance, either public or private, as a result of changed conditions in or around the locality of such agricultural or farming operation, place, establishment, or facility if such agricultural or farming operation, place, establishment, or facility has been in operation for one year or more.
Section 3. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 4. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 31, 1980.

ACT REQUIRING PUBLIC MEETINGS AMENDED.
No. 1298 (Senate Bill No. 431).
AN ACT
To amend an Act providing that all meetings of any State department, agency, board, bureau, commission, or political subdivision and the governing authority of any department, agency, board, bureau, commission, or political subdivision of any county, municipal corporation, board of education, or other political subdivision at which official actions are to be taken are public meetings and shall be open to the public at all times, approved March 28, 1972 (Ga. Laws 1972, p. 575), as amended by an Act approved April 3, 1978 (Ga. Laws 1978, p. 1364), so as to authorize access to meetings by representatives of the news media; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing that all meetings of any State department, agency, board, bureau, commission, or political subdivision and the governing authority of any department, agency, board, bureau, commission, or political subdivision of any county, municipal corporation, board of education, or other political subdivision at which official actions are to be taken are public meetings and shall be open to the public at all times, approved March 28, 1972 (Ga. Laws 1972, p. 575), as amended by an Act approved April 3, 1978 (Ga. Laws 1978, p. 1364), is hereby amended by striking Section 1 thereof in its entirety and substituting in lieu thereof a new Section 1 to read as follows:
"Section 1. (a) As used in this Section, `agency' means any State department, agency, board, bureau, commission, or political subdivision and the governing authority of any department, agency, board, bureau, commission, or political subdivision of any county, municipal corporation, board of education, or other political subdivision and any State or local housing authority.
(b) All meetings of any agency at which official actions are to be taken are hereby declared to be public meetings and shall be open to the public at all times. No resolution, rule, regulation or formal action shall be binding except as taken or made at such meetings. Any action contesting a resolution, rule, regulation or formal action on the ground of noncompliance with this law must be commenced within 90 days of the date the resolution, rule or regulation was passed or the formal action was taken.
(c) Representatives of the news media at all times shall be afforded access to meetings declared open to the public pursuant to subsection (b). Visual, sound, and visual and sound recording during open meetings by representatives of the news media shall be permitted at each public meeting.
(d) The minutes of a meeting of any agency shall be promptly recorded and such records shall be open to public inspection. The superior courts of this State shall have jurisdiction to issue injunctions to enforce the purposes of this Section upon application by any citizen of this State.

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(e) It shall be unlawful for any person who is a member of any agency to conduct any meeting not held in accordance with the provisions of this Section. Any person violating the provisions of this subsection shall be guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine not to exceed $ 100.00.
(f) Any provision of this or any other law to the contrary notwithstanding, the term `records' or `public records' shall be construed to mean those documents and writings which are prepared and kept as written memorials of a final action taken by any such agency."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 31,1980.

GEORGIA ELECTION CODE AMENDED.
Code Title 34 Amended.
No. 1299 (Senate Bill No. 434).
AN ACT
To amend Code Title 34, known as the "Georgia Election Code," as amended, so as to change the provisions relating to the qualifications of registrars and deputy registrars; to require that polling places have suitable and appropriate access to the handicapped and provide for enforcement; to provide for ballots with candidates with same or similar names; to change the provisions relating to voting by absentee electors; to change the provisions relating to the offices of election superintendents and county boards of registrars remaining open at certain times; to change the provi-

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sions relating to voting by absentee electors; to provide that the general primary shall be conducted on a different date under certain conditions; to provide the procedures connected therewith; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia;
Section 1. Code Title 34, known as the "Georgia Election Code," as amended, is hereby amended by striking in its entirety subsection (b) of Code Section 34-605 and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) One or more members of the board of registrars and the judge of the probate court or one or more members of the county board of elections, as the case may be, in each county or their designated representatives shall attend a scheduled training session on registration and election laws in each year to be conducted by the Secretary of State. The governing authority of each county shall reimburse the registrars and the judge of the probate court or the members of the county board of elections, as the case may be, or their designated representatives for such expenses as they incur in attending such training sessions."
Section 1.1. Said Code Title is further amended by adding at the end of subsection (d) of Section 34-705 the following:
"On and after July 1, 1984, however, no polling place shall be selected or used under any circumstances which does not have suitable and appropriate access for the purpose of voting to handicapped voters; and on and after said date any person, whether or not personally aggrieved, may bring an action for mandamus to require that all polling places in the county have suitable and appropriate access for the purpose of voting to the handicapped.",
so that when so amended said subsection shall read as follows:
"(d) the judge of the probate court, in selecting and fixing a polling place in each election district, shall select, if practicable, a polling place with suitable and appropriate access to handicapped voters. If no such practicable locations exist within the election district, the judge of the probate court may effect temporary modifi-

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cations to such existing locations as will, in his judgment, provide more convenient and appropriate access to the polling place by the handicapped voter. On and after July Lj 1984, however, no polling place shall be selected or used under any circumstances which does not have suitable and appropriate access for the purpose of voting to handicapped voters; and on and after said date any person, whether or not personally aggrieved, may bring an action for mandamus to require that all polling places in the county have suitable and appropriate access for the purpose of voting to the handicapped."
Section 2. Said Code Title is further amended by striking Code Section 34-801 in its entirety and inserting in lieu thereof a new Code Section 34-801 to read as follows:
"34-801. General primary, (a) Whenever any political party shall hold a primary to nominate candidates for public offices to be filled in the ensuing November election, the same shall be held on the second Tuesday in August in each even-numbered year, except as provided in subsection (b) of this Code Section.
(b) Whenever the primary occurs during the same week of the national convention of either the political party whose candidates received the highest number of votes or the political party whose candidates received the next highest number of votes in the last presidential election, the general primary shall be conducted on the first Tuesday in August of such year. The provisions of this subsection shall not apply unless the date of the convention of the political party is announced by the political party prior to May 1 of the year in which the general primary is conducted."
Section 3. Said Code Title 34 is further amended by striking Code Section 34-1105 in its entirety and inserting in lieu thereof a new Code Section 34-1105 to read as follows:
"34-1105. Candidates with same or similar names; residence to be printed.--If two or more candidates for the same nomination or office shall have the same or similar names, the official with whom such candidates qualify shall print or cause to be printed the residence of all candidates for such nomination or office on the ballot under their names. Said official shall determine whether the names of the candidates are of such a similar nature as to warrant printing the residence of all candidates on the ballot, and the decision of such official shall be conclusive."

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Section 4. Said Code Title 34 is further amended by striking in its entirety subsection (a) of Code Section 34-1406 and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) At any time after receiving an official absentee ballot, but before the day of the primary or election, the elector shall vote his absentee ballot, then fold the ballot, enclose and securely seal the same in the envelope on which is printed `Official Absentee Ballot'. This envelope shall then be placed in the second one, on which is printed the form of the oath of the elector, the name, relationship, and oath of the person assisting (if any), and other required identifying information. The elector shall then fill out, subscribe and swear to the oath printed on such envelope. Such envelope shall then be securely sealed and the elector shall then mail or personally deliver same to the board of registrars; provided, that delivery by a physically disabled elector may be made by any adult upon satisfactory proof that such adult is such elector's mother, father, aunt, uncle, brother, sister, spouse, son, daughter, mother-in-law, father-in-law, brother-in-law, sister-in-law, or an individual residing in the household of such disabled elector,"
Section 5. Said Code Title 34 is further amended by striking Code Section 34-1501 in its entirety and inserting in lieu thereof a new Code Section 34-1501 to read as follows:
"34-1501. Office of superintendent and county board of registrars to remain open during primaries and elections and until completion of duties.--(a) Each superintendent shall cause his office to remain open during the entire duration of each primary and election, and after the close of the polls, until all the ballot boxes and returns have been received in the office of the superintendent, or received in such other place as has been designated by him.
(b) The chairman of the county board of registrars shall cause his office to remain open during the entire duration of each primary and election, and after the close of the polls, until completion of the duties of said board."
Section 6. Said Code Title 34 is further amended by adding at the end of subsection (a) of Code Section 34-610, relating to voter registration places, cards, hours and places, a new paragraph to read as follows:

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"These additional offices for registration will have fixed hours of operation. Voter registration cards shall not be removed from the offices except to be taken to the main office. The same degree of supervision and security provided for the main office to prevent registration irregularities will be provided to these additional offices."
Section 7. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 8. Said Code Title is further amended by adding between the second and third sentences of Code Section 34-1913 the following:
"This section shall not be applied to any sample or facsimile ballots or ballot labels obtained under Code Section 34-1301
and by adding at the end of Code Section 34-1913 the following:
"Nothing in this section shall be so construed as to prohibit any person from procuring and distributing reprints or portions of reprints of any sample or facsimile ballots or ballot labels as provided in Code Section 34-1301, provided such reprints or portions of reprints are of a different color and at least twenty-five percent larger or smaller than the official ballots or ballot labels."
Section 9. The provisions of this Act shall become effective July 1, 1981, except for Section 2 of this Act which shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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Section 10. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 31,1980.

LONG-TERM CARE FACILITY RESIDENT ABUSE REPORTING ACT.
No. 1300 (Senate Bill No. 450).
AN ACT
To provide protections for residents in long-term care facilities; to provide a short title; to define certain terms; to require reports by certain persons concerning abuse or exploitation; to require investigations of reports of abuse and exploitation; to specify duties of the Department of Human Resources and certain law enforcement agencies; to provide for confidentiality of reports; to provide immunity for certain persons; to prohibit retaliation; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section L Code Title 88, known as the "Georgia Health Code," as amended, is hereby amended by adding a new Code Chapter 8819c, to read as follows:
"88-190 lc. Short Title. This Act shall be known as the `LongTerm Care Facility Resident Abuse Reporting Act.'
88-1902c. Definitions. As used in this Act:
(a) `Department' means the Department of Human Resources.
(b) `Resident' means any person receiving treatment or care in a long-term care facility.

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(c) `Long-Term Care facility' or `facility' means any skilled nursing home, intermediate care home, or personal care home now or hereafter subject to regulation and licensure by the Department.
(d) `Abuse' means any intentional or grossly negligent act or series of acts, or intentional or grossly negligent omissions to act, which cause injury to a resident, including but not limited to, assault or battery, failure to provide treatment or care, or sexual harassment of the resident.
(e) `Exploitation' means an unjust or improper use of another person or his property for one's own profit or advantage.
88-1903c. Reporting of abuse or exploitation, (a) Any administrator, manager, physician, nurse, nurse's aid or orderly or other employee in a hospital or facility, and any medical examiner, dentist, osteopath, optometrist, chiropractor, podiatrist, social worker, coroner, clergyman, police officer, pharmacist, physical therapist, psychologist, or employee of a public or private agency engaged in professional services to residents or responsible for inspection of long-term care facilities, who has knowledge that any resident or former resident has been abused or exploited while residing in a long-term care facility, shall immediately make a report as described in subsection (c) of this Section by telephone or in person to the Department. In the event that an immediate report to the Department is not possible, the person shall make the report to the appropriate law enforcement agency. Such person shall also make a written report to the Department within 24 hours after making the initial report.
(b) Any other person who has knowledge that a resident or former resident has been abused or exploited while residing in a facility may report or cause a report to be made to the Department or appropriate law enforcement agency.
(c) A report of suspected abuse or exploitation shall include the following:
(1) Name and address of person making the report unless such person is not required to make a report.

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(2) Name and address of the resident or former resident.
(3) Name and address of the facility.
(4) Nature and extent of any injuries or condition resulting from the suspected abuse or exploitation.
(5) The suspected cause of the abuse or exploitation.
(6) Any other information which the reporter believes might be helpful in determining the cause of the resident's injuries or condition, and in determining the identity of the person or persons responsible for the abuse or exploitation.
(d) Upon receipt of a report of abuse or exploitation, the Department may notify the appropriate law enforcement agency. In the event a report is made to a law enforcement agency, under Subsection (a) or (b) above, that agency shall immediately notify the Department.
(e) The Department shall maintain accurate records which shall include all reports of abuse or exploitation; the results of all investigations, administrative or judicial proceedings; and a summary of actions taken to assist the residents.
88-1904c. Investigations, (a) The Department shall immediately initiate an investigation after the receipt of any report. The Department shall direct and conduct all investigations; however, it may delegate the conduct of investigations to local police authorities, or other appropriate agencies. If such delegation occurs, such other agency must report the results of its investigation to the Department immediately upon completion.
(b) The investigation shall determine the nature, cause, and extent of the reported abuse or exploitation, an assessment of the current condition of the resident, and an assessment of needed action and services. Where appropriate; i the investigation shall include a prompt visit to the resident.
(c) The investigating agency shall collect and preserve all evidence relating to the suspected abuse or exploitation.

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(d) All state, county and municipal law enforcement agencies, employees of long-term care facilities, and other appropriate persons shall cooperate with the Department or investigating agency in carrying out the provisions of this Chapter.
88-1905c. Protection of the resident, (a) Upon the receipt of the results of an investigation the Department, in cooperation with the investigating agency, shall immediately evaluate such results to determine what actions shall be taken to assist the resident.
(b) The Department or an agency designated by the Department shall assist and prevent further harm to a resident who has been abused or exploited. The Department may also take appropriate legal actions to assure the safety and welfare of all other residents of the facility where necessary.
(c) Within a reasonable time not to exceed 30 days after it has initiated action to assist a resident, the Department shall determine the current condition of the resident, whether the abuse or exploitation has been abated, and whether continued assistance is necessary.
88-1906c. Referral for prosecution, (a) If as a result of an investigation a determination is made that a resident has been abused or exploited, the Department shall contact the appropriate prosecuting authority, and provide all information and evidence to such prosecuting authority.
88-1907c. Immunity. Any person or agency who in good faith makes a report, or provides information or evidence, pursuant to this Chapter shall be immune from liability for such actions.
88-1908c. Confidentiality. The identity of the resident, the alleged perpetrator, the name of the facility, and persons making a report or providing information or evidence, shall not be disclosed to the public unless required to be revealed in court proceedings or upon the written consent of the person whose identity is to be revealed or as required by other statutes. Upon the resident's or his representative's request the Department shall make information obtained in an investigation available to an allegedly abused or exploited resident or his representative for inspection or duplication except that such disclosure shall be made without revealing the identity of any other resident by name or inference.

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88-1909c. Retaliation prohibited. No person or facility shall discriminate or retaliate in any manner against any person for making a report or providing information pursuant to this Chapter or against any resident who is the subject of a report, but nothing herein shall be construed to prohibit the termination of the relationship between the facility and the resident for reasons other than being the subject of a report, the making of such a report or providing of such information.
88-1910c. Notice. The Department shall prepare a written notice describing the reporting requirements pursuant to this Chapter. Such notice shall be distributed to all long-term care facilities and hospitals in the State, and such notices shall be posted in conspicuous locations within facilities and hospitals."
Section 2. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 31, 1980.

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INSURANCE -- MEDICARE SUPPLEMENT HEALTH INSURANCE.
Code Title 56 Amended.
No. 1301 (Senate Bill No. 451).
AN ACT
To amend Code Title 56, known as the Georgia Insurance Code, as amended, so as to provide that no individual policy, plan, certificate, or contract providing for medicare supplement health insurance shall be sold unless it provides the insured reasonable economic benefit; to create a presumption that a certain percentage of the premiums collected from the sale thereof be returned in the form of benefits provided under such policy, plan, certificate, or contract to provide reasonable economic benefit; to provide for approval or suspension of forms; to provide for rules and regulations; to provide for unfair methods of competition and unfair or deceptive acts or practices; to provide for definitions; to change the provisions relating to grounds for disapproval of forms; to provide an effective date; to provide for applicability; to provide for severability; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Title 56, known as the Georgia Insurance Code, as amended, is hereby amended by adding at the end of Code Chapter 56-30, relating to the sale of individual accident and sickness insurance policies, a new section, to be designated Section 56-3019, to read as follows:
"56-3019. Medicare supplement health insurance, (a) As used in this section, `medicare' means any benefits provided under the Health Insurance for the Aged Act, Title XVIII of the Social Security Amendments of 1965, as it existed on January 1, 1980; `medicare supplement insurance policy' means any policy, plan, certificate, or contract which provides for accident and sickness insurance designed primarily to supplement medicare, or is advertised, marketed, or otherwise purports to be a supplement to medicare, and is delivered or issued for delivery in this state; `medicaid' means any program of medical assistance provided by this state in accordance

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with the State Plan for Medical Assistance as established in Title XIX of the Federal Social Security Act of 1935, as amended.
(b) No insurance company, hospital service nonprofit corporation, nonprofit medical service corporation, health care plan, fraternal benefit society, or other insurer shall deliver or issue for delivery any individual medicare supplement insurance policy which does not provide reasonable benefits to the insured in relation to the premium paid.
(c) The Commissioner shall adopt such rules and regulations as he deems necessary for the regulation of medicare supplement insurance. Such rules and regulations may regulate waiting periods, exclusions, reductions, preexisting limitations, readability, advertising, and may include such other requirements as the Commissioner deems necessary for the protection of the citizens of this state."
Section 2. Said Code Title 56 is further amended by adding to Code Section 56-704, relating to unfair methods of competition and unfair or deceptive acts or practices defined, a new subsection to read as follows:
"(11) Medicare supplement health insurance, (a) Representing that any insurer or agent is employed by or otherwise associated with any medicare program as defined in Section 56-3019 or the United States Social Security Administration or that any insurance policy sold or offered for sale has been endorsed or sponsored by the federal or state government.
(b) Knowingly selling or offering to sell medicare supplement insurance coverage as defined in Section 56-3019 which duplicates existing medicare supplement insurance coverage or which replaces such coverage with new coverage without disclosing to the prospective buyer the actual consequences of such replacement.
(c) Representing that any individual policy is a group policy or that the insurer, agent, or policy is endorsed or sponsored by, or associated with, any group, association, or other organization unless such is, in fact, the case.

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(d) Knowingly selling to medicaid recipients substantially unnecessary coverage which duplicates benefits provided under the medicaid program without disclosing to the prospective buyer that it may not be to the buyer's benefit or that it might actually be to the buyer's detriment to purchase such additional coverage."
Section 3. Said Code Title 56 is further amended by striking Code Section 56-2411 in its entirety and inserting in lieu thereof a new Code Section 56-2411 to read as follows:
"56-2411. Grounds for disapproval of forms.--The Commissioner shall disapprove any such form filed under section 56-2410, or withdraw any previous approval thereof only:
(1) If it is in any respect in violation of or does not comply with this Title;
(2) If it contains or incorporates by reference any inconsistent, ambiguous, or misleading clauses, or exceptions and conditions which deceptively affect the risk purported to be assumed in the general coverage of the contract;
(3) If it has any title, heading, or other indication of its provisions which is misleading;
(4) If it is printed or otherwise reproduced in such manner as to render any provision of the form substantially illegible or not easily legible to persons of normal vision;
(5) If it contains provisions which are unfair or inequitable or contrary to the public policy of this State, or would, because such provisions are unclear or deceptively worded, encourage misrepresentation; or
(6) If the benefits provided in any medicare supplement insurance policy defined in Code Section 56-3019 are unreasonable in relation to the premium charged."
Section 4. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other

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sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval and shall apply with respect to any medicare supplement policy delivered or issued for delivery in this state on or after November 1, 1980.
Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 31, 1980.

GEORGIA RESIDENTIAL FINANCE AUTHORITY ACT AMENDED.
No. 1302 (Senate Bill No. 544).
AN ACT
To amend an Act known as the "Georgia Residential Finance Authority Act," approved March 26, 1974 (Ga. Laws 1974, p. 975), as amended, so as to provide for legislative findings and declaration of public necessity for the family farm program; to change certain definitions; to define "family farm"; to change the composition of the Authority; to provide for two new members and for their selection and appointment; to change the powers of the Authority; to provide for family farm loans; to provide criteria for family farm loans; to provide for loan commitments and loan participations by the Authority; to provide for the purchase of family farm mortgages by the Authority; to provide for the issuance of revenue bonds in

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connection with the family farm program; to provide for other matters relative to the foregoing; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section I. An Act known as the "Georgia Residential Finance Authority Act," approved March 26, 1974 (Ga. Laws 1974, p. 975), as amended, is hereby amended by striking the last paragraph of subsection (a) and subsection (b) of Section 2 in their entirety and inserting in lieu thereof new paragraphs (5), (6), (7), and (8) of subsection (a) and new subsections (b) and (c) to read as follows:
"(5) that the family farm unit is the most productive and efficient farm unit; that Georgia and the nation were founded on the principal of self-sufficiency as symbolized by the family farmer;
(6) that the number of family farms in Georgia and the nation is decreasing yearly at an alarming rate; that, in fact, recent data shows that in 1956 about 60 percent of all farmland was sold to new farmers and that by 1976 that percentage was between 25 and 30 percent;
(7) that because of inflation and other reasons it is almost impossible for a new family farmer to purchase land and buy equipment to start a new family farm; and that it is in the best interest of the State of Georgia to encourage the development of the family farm;
(8) that in order to encourage the development and operation of new family farms in Georgia that the establishment of the Authority under this Act is in the best interest of all Georgians.
(b) Accordingly, it is determined that it is a valid public purpose, as a matter of public health, safety, convenience and welfare, to assist in providing housing for such low or moderate income families and persons who would otherwise be unable to obtain adequate dwelling which they could afford and to assist in developing the family farm unit to its full capabilities in Georgia.

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(c) It is further found and declared that the creation of the Authority and the carrying out of its corporate purposes are in all respects for the benefit of the people of this State and are public purposes within the provisions of the Constitution of the State of Georgia in that the development and stimulation of trade and commerce in the housing industry and family farm units of this State are vital to the public welfare, create employment opportunities, and lessen unemployment and underemployment in the home construction and real estate industries and in the agricultural business and industry, and that an adequate supply of money with which to finance safe and sanitary dwelling accommodations and family farms for the people of Georgia is necessary to the health and welfare of the people of the State."
Section 2. Said Act is further amended by adding a new paragraph (4) at the end of subsection (d) of Section 3 to read as follows:
"(4) Persons and families in this State who do not have sufficient income to afford to pay the interest rates at which private enterprise, without federally aided mortgages or State-aided mortgages, is offering to the family farmer loans to purchase land and equipment and who satisfy income limitations set by the Authority in its rules."
Section 3. Said Act is further amended by striking subsection (e) of Section 3 in its entirety and inserting in lieu thereof a new subsection (e) of Section 3 to read as follows:
"(e) `Development Costs' shall mean the total of all costs incurred in the development of a residential housing or housing unit or a family farm unit, which are approved by the Authority as reasonable and necessary, which costs shall include, but not necessarily be limited to the following: cost of land acquisition and any buildings thereon, including payments for options, deposits, or contracts to purchase properties on the proposed housing or farm site or payments for the purchase of such properties; costs of site preparation, demolition, and development; fees for architectural, engineering, legal, accounting, and other services paid or payable in connection with the planning, execution, and financing of the residential housing or family farm; cost of necessary studies, surveys, plans, and permits; cost of insurance, interest, financing, tax, assessments, and other operating and carrying costs during construction; cost of

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construction, rehabilitation, reconstruction, fixtures, furnishings, equipment, machinery, and apparatus related to the real property; cost of land improvements, including without being limited to, landscaping and off-site improvements, whether or not any such cost has been paid in cash or in a form other than cash; necessary expenses in connection with initial occupancy of the residential housing or family farm; a reasonable builder's and sponsor's profit and risk fee in addition to job overhead; an allowance established by the Authority for working capital, and contingency reserves, and reserves for any anticipated operating deficits during the early years of occupancy; and the cost of such other items, including tenant relocation, as the Authority shall determine to be reasonable and necessary for the development of the residential housing and the family farm."
Section 4. Said Act is further amended by striking subsection (f) of Section 3 in its entirety and inserting in lieu thereof a new subsection (f) of Section 3 to read as follows:
"(f) `Federally Aided Mortgage' shall mean any mortgage insured or guaranteed by an agency of the United States Government or any mortgage receiving special benefits, directly or indirectly, under other federal laws designated specifically to develop low and moderate income housing or family farms, or other agricultural developments and consistent with the provisions of this Act."
Section 5. Said Act is further amended by adding a new subsection (p) at the end of Section 3 to read as follows:
"(p) `Family Farm' shall mean land in Georgia that is capable of supporting the commercial production of agricultural crops, livestock, or livestock products, poultry products, milk, or dairy products, or fruit or other horticultural products; also all necessary buildings, equipment, and residence for the owner who must keep his residence located on the family farm to qualify under this Act."
Section 6. Said Act is further amended by striking subsection (a) of Section 5 in its entirety and inserting in lieu thereof a new subsection (a) of Section 5 to read as follows:
"(a) The Authority shall be composed of nine members as follows:

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(1) the Governor, or in the event he is unable to attend a meeting, the Director of the Office of Planning and Budget;
(2) the Director of the Financing and Investment Division of the Georgia State Financing and Investment Commission;
(3) the Commissioner of the State Department of Community Affairs;
(4) the Director of the Co-operative Extension Service of the University of Georgia; and
(5) five public members.
No two public members shall be residents of the same congressional district. At least two of the public members appointed by the Governor shall reside outside of the Standard Metropolitan Statistical Areas of the State and at least one such public member shall reside within one of the Standard Metropolitan Statistical Areas of the State. One of the public members shall be an active family farmer. Public members shall serve for four-year terms, except as otherwise provided by law. Such public members shall continue in office until their successors have been appointed and qualified. In the event of a vacancy in the office of a public member by death, resignation or otherwise, the Governor shall appoint a successor to serve for the balance of the unexpired term. The public members of the Georgia Residential Finance Authority shall be subject to the code of ethics covering members of boards, commissions and Authorities heretofore adopted (Ga. Laws 1976, p. 344) and shall be subject to removal for violation thereof in the same manner (Ga. Laws 1976, p. 344). Any vacancy created by any such removal for cause shall be filled by the Governor. The Authority shall elect a Chairman who shall be chief executive officer of the Authority, and a Secretary. The members of the Authority may appoint an Executive Director, who shall be a person experienced in mortgage lending, home building or real estate development. The Executive Director shall become an ex officio nonvoting member of the Authority. The members shall employ such technical and other personnel as may be necessary to the performance of the powers and duties of the Authority. A majority of members then in office shall constitute a quorum for the transaction of any business and for the exercise of any power or function of the Authority. No vacancy in

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the Authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the Authority. Except for the issuance of debt, the Authority may delegate to one or more of its members, the Executive Director, agent or agents, or employees such power and duties as it may deem proper. The public members of the Authority shall be compensated in the amount of $44 per day, plus actual expenses incurred, for each day's service spent in the performance of the duties of the Authority; provided, however, such compensation shall be limited to 30 days during any one fiscal year, unless one of the public members is elected Chairman, in which event such compensation shall be limited to 100 days during any one fiscal year. The permanent members shall be reimbursed for actual expenses incurred in the performance of their duties under this Act."
Section 7. Said Act is further amended by striking paragraphs (12), (20); (22), and (23) of subsection (a) of Section 6 in their entirety and inserting in lieu thereof new paragraphs (12), (20), (22), and (23) of subsection (a) of Section 6 to read as follows:
"(12) to encourage research in, and demonstration projects to develop, new and better techniques and methods for increasing the supply of housing and the number of family farms for eligible persons and families;
(20) to participate in the making of or to make loans to mortgagees and to take collateral approved by the Authority as security for such loans, provided that the Authority shall first obtain such written assurances as shall be satisfactory to it that the proceeds of such loans will be used, as nearly as practicable, for the making of or investment in residential housing and family farms for occupancy by eligible persons and families or that other monies in an amount approximately equal to such proceeds shall be committed and used for such purpose;
(22) to provide advisory, consultative, technical, training, and educational services to existing or potential qualified housing sponsors and family farm operators;
(23) to undertake and carry out studies and analyses of housing and family farm needs within the State and ways of meeting such needs;".

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Section 8. Said Act is further amended by adding a new Section 7A immediately following Section 7 to read as follows:
"Section 7A. Loans, (a) The Authority may make loans to qualified persons under this Act for the construction, development, purchase, or rehabilitation of such housing, buildings, and equipment as in the judgment of the Authority have promise of operating as a family farm. Such loans may be for development costs and construction financing and may also be for permanent financing, subject to regulation. No such loans shall be made unless the Authority finds that the construction, operation, or rehabilitation will be undertaken in an economical manner and that it will not be of elaborate design or materials. The ratio of loan amount to cost and the amortization period of loans made by the Authority under the provisions of this subsection shall be determined in accordance with rules promulgated and published by the Authority.
(b) A family farm security loan approval may be granted if the following criteria are satisfied:
(1) that the applicant is a resident of the State of Georgia, or shows sufficient evidence that he intends to become a resident and will begin living on the family farm;
(2) that the applicant has sufficient education, training, or experience in the type of farming for which he wishes the loan and continued participation in a farm management program, approved by the Authority, for the duration of the family farm security loan;
(3) that the applicant, his dependents, and spouse have total net worth valued at less than $100,000, exclusive of the value of land and improvements owned by the family, and has demonstrated a need for the loan;
(4) that if the applicant intends to purchase farm land it be used by the applicant for agricultural purposes;
(5) that the applicant demonstrate that he can repay the farm loan by the operation of the family farm;

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(6) that the applicant is credit worthy according to standards prescribed by the Authority;
(7) that the applicant and his family will receive at least 50 percent of its combined family income from the operation of the family farm;
(8) that the applicant has not acquired the farm land for sale or for purposes of obtaining an income tax exemption.
(c) The following shall apply to any loan:
(1) While such loan is outstanding, any sale of any family farm unit financed by such loan shall be subject to approval by the Authority and the Authority shall provide in its rules concerning such sales and resales that the price of the family farm unit sold, the method of making payments thereafter, the security afforded, and the interest rate, fees, and charges to be paid shall at all times be sufficient to permit the Authority to make the payments on its bonds and notes plus any administrative or other costs of the Authority in connection with the transactions.
(2) While such loan is outstanding, the Authority shall, prior to the approval of the sale of any such family farm unit, satisfy itself that such sale is to or for the benefit of eligible persons and families.
(d) A loan shall be secured in such manner and be repaid in such period, not exceeding 50 years, as may be determined by the Authority and shall bear interest at a rate determined by the Authority.
(e) The Authority may make loans as permitted under the provisions of this Section only upon the determination by the Authority that such loan is not otherwise available to eligible persons and families, wholly or in part, from private lenders upon reasonably equivalent terms and conditions."
Section 9. Said Act is further amended by striking subsection (a) of Section 8 in its entirety and inserting in lieu thereof a new subsection (a) of Section 8 to read as follows:

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"(a) With respect to the power set forth in Section 6(a)(8) to purchase mortgages or participations therein from lending institutions, the Authority may purchase mortgages from lending institutions within the State of Georgia which shall in turn reinvest the proceeds in new residential and family farm mortgage loans made as rapidly as possible on residential real property for single and multi-family units, residential projects and family farms within the State for the benefit of eligible persons and families. A mortgage shall not be acquired under this Act unless the rate of interest on its principal obligations meets the rates of interest established by the Authority. The Authority shall establish such rates of interest taking into consideration all of the following:
(1) the cost to the Authority in obtaining funds;
(2) allowances to be made to a lending institution as a service fee in acting as servicing agent in the administration and collection of the mortgage;
(3) administrative costs of the Authority;
(4) allowances for any necessary reserves of the Authority; and
(5) rules of the Internal Revenue Service of the United States."
Section 10. Said Act is further amended by striking subsection (e) of Section 8 in its entirety and inserting in lieu thereof a new subsection (e) of Section 8 to read as follows:
"(e) The Authority may make commitments to lending institutions to purchase a mortgage or participation therein prior to the date of its execution, and a mortgage which is made by a lending institution under a prior commitment from the Authority to purchase the mortgage or a participation therein shall satisfy the requirement to reinvest the proceeds from the sale as quickly as possible in new residential and family farm mortgage loans for the benefit of eligible persons and families. The Authority shall establish such fees as are necessary to reimburse the Authority for the administrative costs incurred in connection with making commitments to purchase and in purchasing mortgages or participations therein."

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Section 11. Said Act is further amended by striking subsection (a) of Section 9 in its entirety and inserting in lieu thereof a new subsection (a) of Section 9 to read as follows:
"(a) The Authority shall have the power and is hereby authorized at one time or from time to time to issue its negotiable revenue bonds in such principal amounts as, in the opinion of the Authority, shall be necessary to provide sufficient funds for achieving the corporate purposes thereof, including the making and purchasing of mortgage loans for the construction of housing for eligible persons and families, for the rehabilitation of existing structures for such persons and families, and for the construction of community facilities appurtenant thereto, and for the acquisition of family farms as provided in this Act; the payment of interest on bonds of the Authority; the establishment of reserves to secure such bonds; and all other expenditures of the Authority incident to and necessary or convenient to carry out its corporate purposes and powers. The Authority shall not have outstanding at any one time bonds and notes for its residential housing program in an aggregate principal amount exceeding 300 million dollars, excluding bonds and notes issued to refund outstanding bonds and notes. The Authority shall not have outstanding at any one time bonds and notes for its family farm program in an aggregate principal amount exceeding 100 million dollars, excluding bonds and notes issued to refund outstanding bonds and notes. Provided, the authority shall at no time co-mingle funds derived from the issue of bonds and notes used in its residential housing program with the funds derived from the issue of bonds and notes used in its family farm program, nor shall funds derived from the issue of bonds and notes used in its residential housing program be liable for any deficit, default or failure of the family farm program, nor shall the funds derived from the issue of bonds and notes used in its family farm program be liable for any deficit, default or failure of the residential housing program."
Section 12. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining

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parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 13. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 14. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 31, 1980.

INSURANCE -- POLICIES COVERING SERVICES WITHIN SCOPE OF CHIROPRACTORS.
Code Chapter 56-24 Amended.
No. 1303 (House Bill No. 228).
AN ACT
To amend Code Chapter 56-24, relating to the insurance contract in general, as amended, so as to provide that all insurance contracts of accident and sickness insurance, including individual, group, and blanket policies which provide coverage for services within the scope of a chiropractor duly licensed to practice in this State shall provide that such reimbursements are payable regardless of whether such services are performed by a doctor of medicine or by a chiropractor; to provide for applicability; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Chapter 56-24, relating to the insurance contract in general, as amended, is hereby amended by adding at the end thereof a new Code Section, to be designated Code Section 562445, to read as follows:

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"56-2445. Policies or contracts providing reimbursement for services within the lawful scope of practice of chiropractors. Notwithstanding any provisions in such policies or contracts which might be construed to the contrary, from and after July 1, 1980, all individual (Chapter 56-30) and group or blanket (Chapter 56-31) policies of accident and sickness insurance and individual or group service or indemnity contracts issued by nonprofit corporations (Chapters 56-17 and 56-18) or by health care corporations (Chapter 56-17A) which are issued, delivered, issued for delivery, amended or renewed in this State and which provide coverage for services which are within the lawful scope of practice of a chiropractor duly licensed to practice in this State, shall be deemed to provide that any person covered under such policies or contracts shall be entitled to receive reimbursement for such services under such policies or contracts regardless of whether they are rendered by a duly licensed doctor of medicine or by a duly licensed chiropractor."
Section 2. This Act shall not be construed so as to impair the obligation of any policy or contract which is in existence prior to the effective date of this Act.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 31, 1980.

COMPENSATION OF LAND SURVEYORS SETTLING COUNTY LINE DISPUTES.
Code Section 23-407 Amended.
No. 1304 (House Bill No. 499).
AN ACT
To amend Code Section 23-407, relating to the compensation of the land surveyor appointed to settle county line disputes between

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counties, as amended, so as to provide for an advisory committee to assist the Surveyor General in fixing and negotiating an appropriate fee for the services of the land surveyor; to provide the procedures connected therewith; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia;
Section 1. Code Section 23-407, relating to the compensation of the land surveyor appointed to settle county line disputes between counties, as amended, is hereby amended by adding at the end thereof the following paragraphs:
"For the purpose of assisting the Surveyor General in connection with his responsibilities and duties to fix and negotiate an appropriate fee for the services of the land surveyor in surveying, marking out and defining the boundary line in dispute, the Surveyor General may appoint an advisory committee to be composed of three registered land surveyors. One of the members of the advisory committee shall be a county surveyor who shall be selected by the Surveyor General from a list of at least three county surveyors submitted to the Surveyor General by the Association County Commissioners of Georgia. The members of the advisory committee shall serve at the pleasure of the Surveyor General or for such terms as the Surveyor General shall provide. The members of the advisory committee shall receive no compensation for their services as such.
The advisory committee shall review the proposals of the land surveyor appointed by the Governor and shall counsel and advise the Surveyor General as to the committee's recommendation concerning an appropriate fee for such services. The recommendations of the advisory committee to the Surveyor General in relation to such fee shall not be binding upon the Surveyor General but shall be used by the Surveyor General in assisting him in determining and fixing an appropriate fee."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 31, 1980.

PEER REVIEW PROTECTION - HEALTH SERVICES.
Code Title 84 Amended.
No. 1305 (House Bill No. 553).
AN ACT
To amend Code Title 84, relating to professions, businesses, and trades, so as to provide immunity from liability for certain persons for providing information to a professional health care review organization; to provide legislative intent; to define certain terms; to provide limitations; to provide for confidentiality of certain records; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Title 84, relating to professions, businesses, and trades, is hereby amended by adding thereto a new Code Chapter, to be designated Code Chapter 84-76, to read as follows:
"CODE CHAPTER 84-76. PEER REVIEW PROTECTION
84-7601. Legislative intent. It is the intent of the General Assembly to provide protection for those individuals who are members of Peer Review Groups which evaluate the quality and efficiency of professional health care providers and to protect the confidentiality of their records.

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84-7602. Definitions. As used in this Chapter:
(a) `Peer review' means the procedure for evaluation by professional health care providers of the quality and efficiency of services ordered or performed by other professional health care providers, including practice analysis, inpatient hospital and extended care facility utilization review, medical audit, ambulatory care review, claims review, and the compliance of a hospital, nursing home or convalescent home, or other health care facility operated by a professional health care provider with the standards set by an association of health care providers and with applicable laws, rules, and regulations.
(b) `Professional health care provider' means an individual who is licensed, or an organization which is approved, to practice or operate in the health care field under the laws of Georgia including, but not limited to, the following individuals or organizations:
(1) A physician.
(2) A dentist.
(3) A podiatrist.
(4) A chiropractor.
(5) An optometrist.
(6) A psychologist.
(7) A pharmacist.
(8) A registered or practical nurse.
(9) A physical therapist.
(10) An administrator of a hospital, a nursing or convalescent home, or other health care facility.
(11) A corporation or other organization operating a hospital, a nursing or convalescent home, or other health care facility.

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(c) `Trade or professional society or association' includes hospital, nursing home, medical, psychological, nursing, dental, optometric, pharmaceutical, chiropractic, and podiatric organizations having as members at least a majority of the eligible licentiates in the area or health care facility or agency served by the particular society.
(d) `Review organization' means any committee engaging in peer review established by one or more State or local trade or professional societies or associations to gather and review information relating to the care and treatment of patients by members of such societies or associations for the purposes of (1) evaluating and improving the quality of health care rendered; (2) reducing morbidity or mortality; or (3) establishing and enforcing guidelines designed to keep within reasonable bounds the cost of health care.
84-7603. Immunity from liability, (a) No person providing information to any review organization shall be held, by reason of having provided such information, to have violated any criminal law, or to be civilly liable under any law, unless:
(1) Such information is unrelated to the performance of the duties and functions of such review organization; or
(2) Such information is false and the person providing such information knew, or had reason to believe, that such information was false.
(3) Such information constitutes patient medical records, and such records are furnished to the review committee without ten (10) days' written notice to the patient involved of his right to object to the furnishing of such records to the committee or such records are furnished notwithstanding such patient's objection, except when such information is furnished for federally mandated utilization review.
(b) (1) No individual who serves as a member or employee of any review organization or who furnishes professional counsel or services to such organization, shall be held by reason of the performance by him of any duty, function, or activity authorized or required of review organizations, to have violated any criminal law, or to be civilly liable under any law, provided he has exercised due care.

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(2) The provisions of paragraph (1) of this subsection shall not apply with respect to any action taken by any individual if such individual, in taking such action, was motivated by malice toward any person affected by such action.
84-7604. Confidentiality of review organization's records. Except in proceedings alleging violation of this Act, the proceedings and records of a review committee shall be held in confidence and shall not be subject to discovery or introduction into evidence in any civil action against a professional health care provider arising out of the matters which are the subject of evaluation and review by such committee and no person who was in attendance at a meeting of such committee shall be permitted or required to testify in any such civil action as to any evidence or other matters produced or presented during the proceedings of such committee or as to any findings, recommendations, evaluations, opinions, or other actions of such committee or any members thereof: Provided, however, that information, documents, or records otherwise available from original sources are not to be construed as immune from discovery or used in any such civil action merely because they were presented during proceedings of such committee, nor should any person who testifies before such committee or who is a member of such committee be prevented from testifying as to matters within his knowledge, but the said witness cannot be asked about his testimony before such a committee or opinions formed by him as a result of said committee hearings."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 31, 1980.

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USED CAR DEALERS' REGISTRATION ACT AMENDED.
No. 1306 (House Bill No. 816).
AN ACT
To amend an Act known as the "Used Car Dealers' Registration Act," approved February 20, 1958 (Ga. Laws 1958, p. 55), as amended, particularly by an Act approved February 20, 1968 (Ga. Laws 1968, p. 23), so as to change provisions relating to certain exemptions from licensure; to remove certain provisions relating to wholesale used car dealer licenses; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act known as the "Used Car Dealers' Registration Act," approved February 20, 1958 (Ga. Laws 1958, p. 55), as amended, particularly by an Act approved February 20, 1968 (Ga. Laws 1968, p. 23), is hereby amended by striking in their entirety subsections (c) and (d) of Section 2 thereof and substituting in lieu thereof new subsections (c) and (d), to read as follows:
"(c) (1) (A) (i) `Wholesale used car dealer' means any person, firm, association, or corporation engaged in the business of buying, selling, trading, soliciting, offering, displaying, or advertising the sale of used motor vehicles to licensed dealers.
(ii) `Retail used car dealer' means any person, firm, association, or corporation engaged in the business of buying, selling, trading, soliciting, offering, displaying, or advertising the sale of used motor vehicles to consumers and other licensed dealers.
(B) Neither wholesale nor retail used car dealers shall include anyone who holds a franchise from a manufacturer of motor vehicles, or is a direct dealer of a manufacturer, even though such franchised motor vehicle dealer shall buy, sell and otherwise deal in used motor vehicles, as well as new ones, in the course of his business.

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(2) The term `used motor vehicle dealer' does not include:
(A) Franchised motor vehicle dealers and their wholly owned and controlled subsidiaries operating in the county in which their franchise is located as defined or as a direct dealer of a manufacturer.
(B) Receivers, trustees, administrators, executors, guardians, or other persons appointed by or acting under the judgment or order of any court.
(C) Public officers while performing their official duties.
(D) Persons disposing of motor vehicles acquired for their own use and actually so used, when the same shall have been acquired and used in good faith and not for the purpose of avoiding the provisions of this article. Proof of good faith as provided in this subparagraph shall consist of the fact that the vehicle is properly titled and registered in the name of the transferor.
(E) Finance companies, banking institutions, and subsidiaries of a finance company or banking institution when the company, institution, or subsidiary sells its repossessed or leased motor vehicles. A subsidiary for purposes of this subparagraph is a subsidiary which engages solely in financing or leasing of motor vehicles.
(F) Insurance companies who sell motor vehicles to which they have taken title as an incident of payments made under policies of insurance.
(G) Persons, firms or corporations who act as agents for insurance companies for the purpose of soliciting insurance for motor vehicles.
(H) Persons, firms, or corporations engaged in a business other than as a used car dealer as defined above who sell motor vehicles traded in as a part of the purchase price of an article other than a motor vehicle, and which has not been acquired by direct purchase for cash, and not for the purpose of violating this article.

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(I) Persons, firms or corporations engaged in a business of conducting automobile auctions wherein title is required merely for the purpose of resale at said auction.
(d) `Established place of business' shall be applicable only to retail used car dealers and means a salesroom or sales office in a permanent building on an open lot physically separated from any other business marked by an appropriate sign at which a permanent business of bartering, trading, and selling of used motor vehicles will be carried on as such in good faith. Used car dealers, wholesale and retail, shall keep and maintain the books, records and files necessary to conduct the business as herein defined. Each place of business of a used car dealer shall be furnished with a working telephone for use in conducting the business."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 31,1980.

GEORGIA CONTROLLED SUBSTANCES ACT AMENDED.
Code Chapter 79A-8 Amended.
No. 1307 (House Bill No. 845).
AN ACT
To amend Code Chapter 79A-8, the "Georgia Controlled Substances Act," as amended, particularly by an Act approved April 10, 1978 (Ga. Laws 1978, p. 2237), so as to change the provisions relating to transactions in drug related objects; to change the definition of certain terms; to change the penalties; to prohibit certain activities relating to drug related objects; to provide for defenses; to

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declare certain instruments, devices, and objects to be contraband; to provide for severability; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Chapter 79A-8, the "Georgia Controlled Substances Act," as amended, particularly by an Act approved April 10, 1978 (Ga. Laws 1978, p. 2237), is hereby amended by striking Code Section 79A-811.1, which reads as follows:
"79A-811.1. Transactions in drug-related objects prohibited, (a) `Drug-related object' means any instrument, device or object which is primarily intended for one or more of the following purposes:
(1) To inject, ingest, inhale or otherwise introduce into the human body marijuana or a controlled substance;
(2) To enhance the effect on the human body of marijuana or a controlled substance;
(3) To test the strength, effectiveness, or purity of marijuana or a controlled substance.
(b) It shall be unlawful for any person (`transferor') to sell, offer to sell, exchange, or offer to exchange any drug-related object to any person but one whom the transferor knows to be authorized by law to possess or have under his control marijuana or a controlled substance for which the object is primarily intended to be used.
(c) Any person who shall violate any provision of this Section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor.",
in its entirety and inserting in lieu thereof a new Code Section 79A811.1 to read as follows:
"79A-811.1. Transactions in drug related objects prohibited.

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(1) `Drug related object' means any instrument, device, or object which is designed or marketed as useful primarily for one or more of the following purposes:
(A) To inject, ingest, inhale, or otherwise introduce into the human body marijuana or a controlled substance;
(B) To enhance the effect on the human body of marijuana or a controlled substance;
(C) To test the strength, effectiveness, or purity of marijuana or a controlled substance;
(D) To process or prepare for introduction into the human body marijuana or a controlled substance;
(E) To conceal any quantity of marijuana or a controlled substance;
(F) To contain or hold marijuana or a controlled substance while it is being introduced into the human body.
(2) It shall be unlawful for any person or corporation, knowing the drug related nature of the object, to sell, lend, rent, lease, give, exchange, or otherwise distribute to any person any drug related object. It shall also be unlawful for any person or corporation, knowing the drug related nature of the object, to display for sale, or possess with the intent to distribute, any drug related object. Unless stated within the body of the advertisement or notice that the object that is advertised or about which information is disseminated is not available for distribution of any sort in Georgia, it shall be unlawful for any person or corporation, knowing the drug related nature of the object, to distribute or disseminate in any manner to any person any advertisement of any kind or notice of any kind which gives information, directly or indirectly, on where, or how, or from whom, or by what means any drug related object may be obtained or made. `Knowing' as used herein means either actual or constructive knowledge of the drug related nature of the object, and a person or corporation has constructive knowledge of the drug related nature of the object if he or it has knowledge of facts which would put a reasonable and prudent person on notice of the drug related nature of the object.

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(3) It shall be unlawful for any person or corporation, other than a licensed pharmacist or practitioner licensed to dispense Legend Drugs, to sell, lend, rent, lease, give, exchange, or otherwise distribute to any person a hypodermic syringe or needle designed or marketed primarily for human use. It shall be an affirmative defense that the hypodermic syringe or needle was marketed for a legitimate medical purpose.
(4) For a first offense, any person or corporation which shall violate any provision of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished as for a misdemeanor. For a second offense, the defendant shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction, shall be punished as for a misdemeanor of a high and aggravated nature. For a third or subsequent offense, the defendant shall be guilty of a felony and shall, upon conviction, be imprisoned for not less than one year nor more than five years and shall be fined not more than $5,000.00.
(5) All instruments, devices, and objects which are distributed or possessed in violation of this section are hereby declared to be contraband.
(A) Any instruments, devices, or objects which are the subject of prosecution under this section may be destroyed by the state or any county or municipality thereof without court order after conviction and after all direct appeals from the conviction have been exhausted.
(B) Any instruments, devices, or objects which are seized after the effective date of this subsection on condemnation as being distributed or possessed in violation of this section and are not made the subject of prosecution under this section may be destroyed by the state or any county or municipality thereof only after compliance with the following procedure. Within 90 days after seizures made under this section, which seizures are made after the effective date of this subsection on condemnation, the district attorney or solicitor of any court that has jurisdiction to try misdemeanors in the county where the seizure occurred shall institute condemnation proceedings in said court by petition, a copy of which shall be served upon the owner of the seized items,

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if known; and, if the owner is unknown, notice of such proceedings shall be published once a week for two weeks in the newspaper in which the sheriff's advertisements are published. Said petition shall allege that the seized items were distributed or possessed in violation of this section. If no defense shall be filed within 30 days from the filing of the petition, judgment by default shall be entered by the court at chambers and the court shall order the seized items to be destroyed; otherwise, the case shall proceed as other civil cases in said court. Should the state prove, by a preponderance of the evidence, that the seized items were distributed or possessed in violation of this law, the court shall order the seized items to be destroyed.
(6) Should any part or provision of this section be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the section as a whole nor any part thereof other than the part so declared to be invalid or unconstitutional."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 31, 1980.

GEORGIA MILITARY SCHOLARSHIP ACT.
No. 1308 (House Bill No. 1079).
AN ACT
To provide for a program of scholarships to attend North Georgia College; to provide for a short title; to provide for findings and purpose; to provide for eligibility for scholarships; to provide

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for the selection of nominees for scholarships by members of the General Assembly; to provide for a selection committee and for its duties; to provide for the Governor's selection of persons to receive scholarships; to provide for the coverage of the scholarship; to provide requirements relative to the failure to meet certain obligations; to provide for loss of eligibility for scholarships; to provide for administration and funding; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Short title. This Act shall be known and may be cited as the "Georgia Military Scholarship Act."
Section 2. Findings; purpose. North Georgia College, a unit of the University System of Georgia, is widely recognized as one of the most outstanding senior military colleges in the United States. Its outstanding status as a senior military college has been formally recognized by the Board of Regents and by the Department of the Army of the United States Government. It is the purpose of this Act to recognize this status of North Georgia College and to enable Georgia's most gifted young people who are interested in pursuing a military career to attend the state's premier senior military college under a full scholarship.
Section 3. Eligibility, (a) In order for a student to qualify as a nominee for and to be a recipient of a scholarship under this Act, the student shall meet the following standards and requirements:
(1) The student shall be a resident of Georgia.
(2) The student shall have demonstrated academic excellence at the high school level.
(3) The student must meet mental and physical health standards required for commission in the Georgia Army National Guard.
(4) The student shall qualify for regular admission to North Georgia College.

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(b) If selected as a recipient of a scholarship under this Act, a student, in order to maintain eligibility for the scholarship, shall:
(1) Maintain standards of academic excellence and standards of conduct as established by North Georgia College.
(2) Maintain minimum full-time enrollment of at least 12 hours each quarter.
(3) Participate in military and ROTC programs at North Georgia College.
(4) Maintain membership in good standing in the Georgia Army National Guard.
(5) Demonstrate the qualities required of a commissioned officer in the United States armed forces.
(6) Upon graduation from North Georgia College, accept a commission as a second lieutenant and agree to serve not less than four years in the Georgia Army National Guard.
(c) No recipient of a scholarship under this Act shall be eligible to receive a tuition grant or other educational assistance under any other educational assistance program authorized by the laws of Georgia.
Section 4. Selection process. The Georgia Scholarship Commission shall establish and promulgate, consistent with the provisions of this Act, criteria for the eligibility and award of such scholarships. Said commission shall, on or before February 1 of each year, select and nominate 50 persons (five persons from each congressional district in Georgia) from a list of persons recommended to the commission by members of the General Assembly. From the 50 persons so nominated, ten shall be selected as scholarship recipients as provided in Section 5 hereof. One additional recipient may be selected by the Governor as provided in Section 6.
Section 5. The selection committee, (a) For the purpose of receiving nominees submitted under Section 4 of this Act, there is hereby created a selection committee, the membership of which shall be as follows:

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(1) The chief executive officer of North Georgia College or his designated representative who shall serve as chairman of said committee.
(2) The professor of military science at North Georgia College or his designated representative.
(3) The director of admissions of North Georgia College.
(4) A civilian faculty member of North Georgia College designated by the chief executive officer of said college.
(5) A commissioned officer of the Georgia Army National Guard designated by the Adjutant General of the State of Georgia.
(6) The Chairman of the House University System of Georgia Committee or his designee from the University System of Georgia Committee.
(7) The Chairman of the Senate Higher Education Committee or his designee from the Senate Higher Education Committee.
(8) The Executive Director of the Georgia State Scholarship Commission or his designated representative.
(b) It shall be the duty of the selection committee to select one person to receive a scholarship under this Act from each congressional district from the five nominees from each congressional district submitted to the committee pursuant to Section 4 of this Act. Upon selecting the recipients of scholarships, the committee shall:
(1) Notify each recipient of the scholarship.
(2) Notify each member of the legislative delegation from each congressional district of the name of the recipient of the scholarship from that congressional district.
(3) Notify the State Scholarship Commission of the names and addresses of the recipients of the scholarships.

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(c) The selection committee shall have the following additional duties:
(1) To publish and maintain standards of academic excellence and conduct necessary for continued eligibility for a scholarship under this Act.
(2) To monitor the performance of the recipients of scholarships under this Act in accordance with the standards promulgated under paragraph (1) above.
Section 6. Governor's selection, (a) In addition to the ten recipients of scholarships under this Act provided for in Sections 4 and 5, the Governor shall annually select an outstanding junior ROTC student from Georgia's high schools to receive a scholarship under this Act. Any person selected by the Governor shall meet the qualifications and standards for other recipients of scholarships under this Act. The Governor shall notify the selection committee and the State Scholarship Commission of the name and address of the person selected by him by May 1 of each year, beginning on May 1, 1981.
(b) The Governor may adopt such policies and procedures, consistent with the provisions of this Act, as he deems appropriate to select the recipient of a scholarship as provided herein.
Section 7. The scholarship. A scholarship under this Act shall cover all costs for room, board, matriculation, fees, and uniform deposits. The scholarship shall be for a maximum period of 12 academic quarters for each recipient of the scholarship.
Section 8. Failure to meet obligation, (a) If the recipient of a scholarship under this Act fails to honor his obligation to serve in the Georgia Army National Guard as provided in paragraph (6) of subsection (b) of Section 3 of this Act, such recipient shall, at the option of the recipient, either:
(1) Serve not less than four years as an enlisted member of the Georgia Army National Guard; or
(2) Pay to the State Scholarship Commission an amount equal to the total dollar value received by the recipient pursuant

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to the scholarship provided for by this Act, such amount to be paid, in accordance with regulations adopted by the State Scholarship Commission for such purpose, within five years after graduating from North Georgia College.
(b) The provisions of subsection (a) of this section shall not apply to any person who, for bona fide reasons of health as jointly verified by the State Scholarship Commission and the selection committee provided for in Section 5 of this Act, is unable to honor the obligation provided for by paragraph (6) of subsection (b) of Section 3 of this Act.
Section 9. Loss of scholarship. If at any time a recipient of a scholarship under this Act fails to meet the standards and requirements for continued eligibility as provided by the selection committee pursuant to subsection (c) of Section 5 of this Act, such recipient shall thereby lose eligibility for the scholarship. The selection committee shall promptly notify the State Scholarship Commission when a recipient loses eligibility hereunder.
Section 10. Administration; funding, (a) The State Scholarship Commission is hereby designated as the state agency to administer the provisions of this Act. Consistent with the provisions of this Act, the commission is hereby authorized and directed to promulgate such rules and regulations as may be necessary to administer the scholarship program provided for by this Act.
(b) The funds necessary to carry out the provisions of this Act shall be paid from the funds of the State Scholarship Commission from appropriations made to the commission for such purposes. The first appropriations hereunder shall be for the fiscal year beginning July 1, 1981.
Section 11. Conflicting laws repealed. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 31, 1980.

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MUNICIPALITIES - LEVY OF EMPLOYMENT TAXES.
Code Chapter 91A-60 Amended.
No. 1309 (House Bill No. 1083).
AN ACT
To amend Code Chapter 91A-60, relating to specific, business, and occupation taxes, so as to place limitations upon the levy of employment taxes by municipalities; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Chapter 91A-60, relating to specific, business, and occupation taxes, is hereby amended by adding a new Section after Code Section 91A-6013, to be designated Code Section 91A6014, to read as follows:
"91A-6014. Limitations on the levy of employment taxes by municipalities, (a) Except as may be authorized by general law, no municipality may levy any tax upon an individual for the privilege of working within or being employed within the limits of such municipality.
(b) Nothing contained within this Section shall be construed to prohibit a municipality, when otherwise authorized, to levy any form of tax or license fee being levied by any municipality in this State on January 1, 1980."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 31, 1980.

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CONSTRUCTION INDUSTRY LICENSING BOARD.
No. 1310 (House Bill No. 1084).
AN ACT
To protect homeowners, property owners, tenants, and the general public against faulty, inadequate, and unsafe electrical, plumbing, and conditioned air fixtures and systems through the regulation of electrical contractors, plumbers, and conditioned air contractors; to provide for declaration of purpose; to define certain terms; to create the Construction Industry Licensing Board; to provide for the appointment of members and their compensation; to provide for the board's powers and duties; to provide for an executive director of the board, his powers, duties, and compensation; to provide for divisions within the board, their powers and duties; to provide for examinations and the issuance of licenses and certificates; to prohibit certain activities; to provide for the display of licenses; to provide for injunctive relief; to provide for exemptions; to provide for applicability and the effect of this Act; to provide for penalties; to repeal specific Acts; to provide an effective date; to provide for the termination of the Construction Industry Licensing Board and the provisions of this Act; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Declaration of purpose. This Act is enacted for the purpose of safeguarding homeowners, other property owners, tenants, and the general public against faulty, inadequate, inefficient, or unsafe electrical, plumbing, or conditioned air installations. Electrical contracting; plumbing contracting, installing or repairing; and conditioned air contracting are hereby declared to be effected with the public interest; and this Act shall be liberally construed so as to accomplish the foregoing purposes.
Section 2. Definitions. The following terms shall have the following meanings respectively ascribed to them unless the context clearly requires a different meaning:
(1) "Board" shall mean the State Construction Industry Licensing Board created by this Act.

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(2) "License" shall mean a valid and current certificate of registration issued by a division of the board which shall give the named person to whom it is issued authority to engage in the activity prescribed thereon.
(3) "Electrical contracting" shall mean the installation, maintenance, alteration, or repairing of any electrical equipment, apparatus, control system, or electric wiring device which is attached to or incorporated into any building or structure in the State of Georgia.
(4) "Electrical contractor" shall mean any person, corporation, or other legal entity which engages in the business of electrical contracting under express or implied contract or which bids, offers to perform, purports to have the capacity to perform, or does perform electrical contracting services under express or implied contract. The term "electrical contractor" shall not include a person who is an employee of an electrical contractor and who receives only a salary or hourly wage for performing electrical contracting work.
(5) "Certificate of competency" shall mean a valid current certificate issued by the Division of Electrical Contractors which shall give the named electrical contractor to which it is issued authority to engage in electrical contracting of the kind described therein. Certificates of competency shall be of two kinds: Class I and Class II, according to the classification of license held by the electrical contractor.
(6) "Plumbing" shall mean the practice of installing, maintaining, altering, or repairing piping fixtures, appliances, and appurtenances in connection with any of the following: sanitary drainage or storm drainage facilities, the venting system, and the public or private water supply systems within or adjacent to any building, structure, or conveyance; also the practice and materials used in the installation, maintenance, extension, or alteration of the storm water or sewerage and water supply systems of any premises to their connection with any point of public disposal or other acceptable terminal.
(7) "Master or contracting plumber" shall mean any individual engaging in the business of plumbing.

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(8) "Journeyman plumber" shall mean any person other than a master or contracting plumber who has practical knowledge of the installation of plumbing and installs plumbing under the direction of a master or contracting plumber.
(9) "Conditioned air contracting" shall mean the sale or installation of conditioned air systems or conditioned air equipment.
(10) "Conditioned air contractor" shall mean an individual, partnership, or corporation engaged in conditioned air contracting.
(11) "Conditioned air equipment" shall mean warm air space heating equipment, which by common practice is considered to be an integral part of the structure, embracing the following types of conditioned air equipment: wall-type and insert heaters, floor furnaces, gravity furnaces, and basement and closet-type mechanically circulated air furnaces; and warm air radiant heating installations and conversion equipment. Conversion equipment shall be considered to be coal stokers, oil burners, or gas burners installed in existing warm air furnaces. Conditioned air equipment shall also mean air-conditioning equipment up to and including 30 tons (360,000 BTU) capacity.
(12) "Joint secretary" shall mean the joint secretary, State Examining Boards.
(13) "Executive director" shall mean the executive director of the State Construction Industry Licensing Board.
Section 3. State Construction Industry Licensing Board, (a) There is hereby created within the executive branch of state government the State Construction Industry Licensing Board, hereinafter referred to as the "board." The board shall be assigned to the Secretary of State's office for administrative purposes and shall be under the jurisdiction of the joint secretary. The board shall be composed of 17 members as follows:
(1) Five members known as the Division of Electrical Contractors: one such member shall be a consulting engineer engaged in electrical practice; one such member shall be the

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chief electrical inspector of a county or municipality and shall have served in such office for five years immediately preceding his appointment; and three such members shall be engaged in the electrical contracting business.
(2) Five members known as the Division of Master Plumbers and Journeyman Plumbers: one such member shall be a full-time plumbing inspector of a county or municipality, three such members shall be master or contracting plumbers, and one such member shall be a journeyman plumber.
(3) Five members known as the Division of Conditioned Air Contractors: two such members shall be licensed professional engineers; two such members shall be conditioned air contractors with more than five years of installation and service experience in the trade; and one such member shall be both an experienced, licensed professional engineer and a conditioned air contractor.
(4) Two members who shall not have any connection with the electrical contracting, plumbing, or conditioned air contracting businesses whatsoever; but they shall have a recognized interest in consumer affairs and consumer protection concerns.
All members shall be appointed by the Governor, subject to confirmation by the Senate, for terms of four years commencing July 1, 1980; provided, however, that with respect to the initial appointments the Governor shall appoint 14 members and the following persons shall be designated members of the board for terms of office expiring June 30, 1982: the chairman of the Georgia State Board of Electrical Contractors in existence prior to the effective date of this Act pursuant to the "Georgia Electrical Contractors Act," approved April 8, 1971 (Ga. Laws 1971, p. 583), as amended; the chairman of the State Board of Examiners of Plumbing Contractors in existence prior to the effective date of this Act pursuant to an Act creating the State Board of Examiners of Plumbing Contractors, approved March 15, 1968 (Ga. Laws 1968, p. 308), as amended; and the chairman of the State Board of Warm Air Heating Contractors in existence prior to the effective date of this Act pursuant to an Act regulating the installation of warm air heating equipment, approved February 25, 1949 (Ga. Laws 1949, p. 1622), as amended; provided, further, that such designated members shall

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also be chairmen of their respective divisions for terms of office expiring June 30, 1982. A member shall serve until his successor has been duly appointed and qualified. The Governor shall make appointments to fill the unexpired portions of any terms vacated for any reason. In making such appointments, the Governor shall preserve the composition of the board as required by the provisions of this Act. Members shall be eligible for reappointment. Any appointive member who, during his term, shall cease to meet the qualifications for original appointment shall thereby forfeit his membership on the board. Each member of the board shall take an oath of office before the Governor that he will faithfully perform the duties of his office. The Governor may remove any member for failure to attend meetings, neglect of duty, incompetence, revocation or suspension of professional trade license, or other dishonorable conduct.
(b) Members of the board shall serve without compensation but shall be reimbursed for actual expenses incurred in the performance of their duties under this Act. Notwithstanding any other provision of this Act or other law, each member shall receive the sum of $44.00 per diem for room and board which shall be paid only for days on which a member is in attendance at a meeting of the body, or in attendance to the official duties or business of the board or a division, or in attendance at an annual state or national meeting pertaining to one of the professions covered by this Act. Such members shall be reimbursed for actual transportation costs incurred in attendance at a meeting of the body in the amount of the least expensive tariff when traveled by public carrier or an amount based on the mileage rate that is established by law for members of the General Assembly when traveled by private vehicle. Any reimbursement for expenses which is received from any other source, either private or public, shall be in lieu of the expenses authorized by this section.
Section 4. Organization of board; executive director. (a) Within 30 days after the appointment of the initial members of the board by the Governor, the board shall hold its initial meeting at the call of the Governor. The board shall elect from its membership a chairman who shall serve for a term of office of two years. The office of chairman shall be rotated among the three divisions, provided that the board, through its rules and regulations, may provide otherwise. Any vacancy in the office of chairman shall be filled by the members for the unexpired term. The person selected to fill the

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vacancy shall be a member of the same division as the previous chairman. Any member elected chairman may succeed himself to such office. The board shall meet at the call of the chairman or upon the recommendation of a majority of its members. Nine members shall constitute a quorum for the transaction of business. The Secretary of State, with the approval of the division chairmen, shall appoint an executive director who shall be an administrative officer of the board. The executive director shall serve at the pleasure of the Secretary of State with the approval of the board. The executive director shall be placed in the classified service of the state merit system for compensation purposes only. The executive director shall carry out and enforce the provisions of this Act and the rules and regulations of the board. The executive director shall employ a secretary, investigators, and such other staff to assist him in his duties as the board approves in writing and for which funds are appropriated by the General Assembly. Such personnel are hereby placed in the classified service of the state merit system. The joint secretary shall also provide assistance to the board in carrying out the provisions of this Act.
(b) Except for the initial chairmen as provided for in this Act to serve through December 31, 1982, each division within the board shall also elect from its membership a chairman, who shall serve for a term of office of two years. Any vacancy in the office of chairman shall be filled by the members for the unexpired term. Any member elected chairman of a division may succeed himself to such office. Each division shall carry out its powers and duties provided in this Act with the assistance of the executive director and his staff. The divisions shall meet at the call of the chairman. Three members of each division shall constitute a quorum for the transaction of business of such division.
Section 5. Executive director, (a) The office of the executive director shall have the duty to bring together and keep all records of said board, to receive all applications for licenses, to schedule a time and place for examinations (with the consent of the board and the applicable division), to schedule a time and place for all hearings, to issue licenses and certificates upon authority of the divisions of the board, and to collect all fees and to remit same to the state treasury.
(b) All orders and processes of the board and the divisions of the board shall be signed and attested by the executive director,

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State Construction Industry Licensing Board; and any notice or legal process necessary to be served upon the board or the divisions may be served upon the executive director, State Construction Industry Licensing Board.
(c) The executive director is hereby vested with the power and authority to make such investigations in connection with the enforcement of the provisions of this Act and the rules and regulations of the board as he, the board, the divisions of the board, or any district attorney may deem necessary or advisable; and the result of all investigations shall be reported to and the records thereof shall be kept by the board.
(d) The joint secretary, State Examining Boards, shall transmit to the executive director all relevant materials, information, documents, and files pertaining to the State Board of Electrical Contractors, the State Board of Examiners of Plumbing Contractors, and the State Board of Warm Air Heating Contractors in existence prior to the effective date of this Act. The joint secretary shall assist the executive director in carrying out his duties.
Section 6. Administrative procedures. This Act shall be administered in accordance with the "Georgia Administrative Procedure Act."
Section 7. Powers of board. In addition to any authority hereafter provided by this Act, the board shall have the power to:
(1) Administer all funds available to the board.
(2) Accept any grant of funds made by the United States government or any agency thereof for the purpose of carrying out the provisions of this Act.
(3) Request from the various state departments and other agencies and authorities of the state and its political subdivisions and their agencies and authorities such available information as it may require in its work; and all such agencies and authorities shall furnish such requested available information to the board within a reasonable time.

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(4) Contract with the United States government or agencies thereof, with political subdivisions of the State of Georgia, and with private persons and corporations.
(5) Establish and charge reasonable fees for the administration of applications, examinations, registration, and licensure and renewal of licenses with respect to electrical contractors, master plumbers, journeyman plumbers, and conditioned air contractors; provided, however, that the amount of fees charged shall be set such that the amount of revenue collected shall cover the cost of the administration of this Act and the rules and regulations of the board.
(6) Provide by regulation for reciprocity with other states in the registration and licensing of electrical contractors, master plumbers, journeyman plumbers, or conditioned air contractors, provided such other states have requirements substantially equal to the requirements in force in this state for registration and licensure and provided that a similar privilege is offered to residents of this state.
(7) Adopt an official seal for its use and change it at pleasure.
(8) Establish the policies for regulating the businesses of electrical contracting, plumbing, and conditioned air contracting.
(9) Promulgate and adopt rules and regulations necessary to carry out the provisions of this Act.
Section 8. Powers and duties of divisions, (a) The Division of Electrical Contractors within the board shall have the following powers and duties with respect to applicants for a license to engage in or licensees engaging in the business of electrical contracting. The Division of Master Plumbers and Journeyman Plumbers within the board shall have the following powers and duties with respect to applicants for a license to engage in or licensees engaging in the business of plumbing as master or contracting plumbers or journeyman plumbers. The Division of Conditioned Air Contractors within the board shall have the following powers and duties with respect to applicants for a license to engage in or licensees engaging in the business of conditioned air contracting. The said divisions shall:

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(1) Examine all applicants for licenses to practice the profession. Examinations shall be prepared in such a manner to test the knowledge, skill, and efficiency of the applicants; and such examinations shall be based on the applicable state minimum standards codes. Where feasible, examinations shall be given at regional locations throughout the state.
(2) Prepare examinations within the state at least twice each year and grade such applicants taking the examinations; provided, however, that the Division of Electrical Contractors is hereby authorized and directed to prepare separate examinations for Class I and Class II licenses. Class I licenses shall be restricted to electrical contracting involving single-phase electrical installations which do not exceed 200 amperes and Class II licenses shall be unrestricted; provided, further, that the Division of Master Plumbers and Journeyman Plumbers is hereby authorized and directed to prepare separate examinations for master or contracting plumbers and journeyman plumbers; provided, further, that the Division of Conditioned Air Contractors is hereby authorized and directed to prepare separate examinations for Class I and Class II licenses. Class I shall be restricted to the sale or installation of conditioned air systems or equipment not exceeding 175,000 BTU (net) of heating and five tons (60,000 BTU) of cooling. Class II shall be unrestricted.
(3) Register and license, and issue renewal licenses biennially, to all persons meeting the qualifications for a license. The following licenses shall be issued by the divisions:
(A) Electrical Contractor Class I;
(B) Electrical Contractor Class II;
(C) Master or Contracting Plumber;
(D) Journeyman Plumber;
(E) Conditioned Air Contractor Class I; and
(F) Conditioned Air Contractor Class II.

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(4) Prescribe the exact time of renewal of licenses biennially.
(5) Investigate, with the aid of the executive director, alleged violations of this Act or other laws and rules and regulations of the board relating to the profession.
(6) After notice and hearing, have the power to reprimand or power to suspend, revoke, or cancel the license or certificate of competency of or refuse to grant, renew, or restore a license or certificate of competency to any person or licensee upon any one of the following grounds:
(A) The commission of any false, fraudulent, or deceitful act or the use of any forged, false, or fraudulent document in connection with the license requirements of this Act or the rules and regulations of the board; or
(B) Failure at any time to comply with the requirements for a license under the provisions of this Act; or
(C) Habitual intemperance in the use of alcoholic spirits, narcotics, or stimulants to such an extent as to render the licensee unsafe or unfit to practice his profession licensed under this Act; or
(D) Engaging in any dishonorable or unethical conduct likely to deceive, defraud, or harm the public; or
(E) Knowingly performing any act which in any way assists an unlicensed person to practice his profession; or
(F) Violating, directly or indirectly, or assisting in or abetting any violation of any provisions of this Act or any rule or regulation of the board; or
(G) The performance of any faulty, inadequate, inefficient, or unsafe electrical, plumbing, or conditioned air work likely to endanger life, health, or property. The performance of any work that does not comply with the standards set by state codes shall be prima facie evidence of the faulty, inadequate, inefficient, or unsafe character of such

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electrical, plumbing, or conditioned air work. Provided, however, that the board, in its sole discretion, for good cause shown and under such conditions as it may prescribe, may restore a license to any person whose license has been suspended or revoked.
(7) Review amendments to or revisions in the state minimum standard codes as prepared by the State Building Administrative Board or any agency assuming its powers and duties. The State Building Administrative Board or its successor shall be required to provide a copy of the amendment to or revision in the state minimum standard code to the executive director at least 45 days prior to the adoption thereof.
(8) Do all other things necessary and proper to exercise its powers and perform its duties in accordance with the provisions of this Act.
(9) The Division of Electrical Contractors may also provide by rules and regulations for the issuance of certificates of competency pertaining to financial responsibility and financial disclosure; provided, however, that such rules and regulations are adopted by the board. The said division shall issue certificates of competency and renewal certificates to persons meeting the qualifications therefor.
Section 9. Licensure and prohibited activities, (a) No person shall engage in the electrical contracting business unless such person has a valid license from the Division of Electrical Contractors and a certificate of competency, if such certificates are issued by the division pursuant to the provisions of paragraph (9) of Section 8.
(b) (1) No person shall engage in the business of plumbing as a master or contracting plumber unless such person has a valid license from the Division of Master Plumbers and Journeyman Plumbers.
(2) No person shall engage in the business of plumbing as a journeyman plumber unless such person has a valid license from the Division of Master Plumbers and Journeyman Plumbers.

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(c) No person shall engage in the business of conditioned air contracting unless such person has a valid license from the Division of Conditioned Air Contractors.
(d) (1) Notwithstanding any other provisions of this Act, any electrical contractor, master plumber, or journeyman plumber holding a valid license immediately prior to the effective date of this Act shall continue to be licensed in the same capacity without the necessity of passing an examination, provided such person pays or has paid the required fees and is not otherwise in violation of the provisions of this Act.
(2) Notwithstanding any other provisions of this Act, within 12 months after the effective date of this Act, any individual, partnership, or corporation desiring to qualify as a conditioned air contractor shall make application to stand the examination herein provided for or, within the same period, shall furnish satisfactory evidence to the division of conditioned air contractors that such individual, partnership, or corporation has a partner, officer, or regular employee who has successfully and efficiently engaged in said vocation in the State of Georgia for a period of at least three consecutive years prior to the time of application. Any individual, partnership, or corporation so qualifying shall pay or shall have paid to said division the fee prescribed for applicants for examination for qualification. The decision of the division as to the qualifications of applicants taking the required examination shall, in the absence of fraud, be conclusive. All individuals, partnerships, or corporations desiring to engage in said vocation after the expiration of 12 months after the approval of this Act shall take the examination and qualify under this Act before engaging in said vocation or business.
(e) No partnership or corporation shall have the right to engage in the business of electrical contracting unless there is regularly connected with such partnership or corporation a person or persons actually engaged in the performance of said business on a full-time basis who have valid licenses issued to them as provided for in this Act.
(f) No partnership or corporation shall have the right to engage in the business of plumbing unless there is regularly connected with

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such partnership or corporation a person or persons actually engaged in the performance of said business on a full-time basis who have valid licenses for master or contracting plumbers issued to them as provided for in this Act.
(g) No partnership or corporation shall have the right to engage in the business of conditioned air contracting unless there is regularly connected with such partnership or corporation a person or persons actually engaged in the performance of said business on a full-time basis who have valid licenses issued to them as provided for in this Act.
(h) It shall be the duty of all partnerships and corporations qualified under this Act to notify the appropriate division immediately of the severance of connection of any person or persons upon whom such qualification rested with such partnership or corporation.
(i) All applicants for examinations and licenses provided for by this Act and all applicants for renewal of licenses under the provisions of this Act shall be required to fill out a form which shall be provided by each division, which form shall show whether or not the applicant is an individual, partnership, or corporation and, if a partnership or corporation, the names and addresses of the partners or the names and addresses of the officers, when and where formed or incorporated, and such other information as the board or each division may require. All forms of applications for renewal of licenses shall also show whether or not the applicant, if it is a partnership or corporation, still has connected with it a duly qualified person holding a license issued by the division.
(j) Notwithstanding any other provisions of this Act, any person who has paid a license fee pursuant to the provisions of an Act known as the "Georgia Electrical Contractors Act," approved April 8, 1971 (Ga. Laws 1971, p. 583), as amended, an Act creating the State Board of Examiners of Plumbing Contractors, approved March 15, 1968 (Ga. Laws 1968, p. 308), as amended, and an Act providing for the regulation of the installation of warm air heating equipment, approved February 25, 1949 (Ga. Laws 1949, p. 1622), as amended, shall not be required to pay any fees under this Act until the expiration of the period which such fee covered pursuant to any of said Acts.

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Section 10. Display of licenses. Every person holding a license issued by a division of the board shall display it in a conspicuous manner at his place of business.
Section 11. Annual list of persons holding licenses. Each division shall annually publish a list of names and addresses of all individuals holding licenses issued by the division under this Act and shall mail a copy of said list to all licensees who make application for same and to other interested parties, provided such nonlicensees pay a certain fee therefor.
Section 12. Injunction to prevent violation. Whenever it shall appear to a division of the board or the executive director that any person is or has been violating any provisions of this Act or any of the lawful rules, regulations, or orders of the board, the division of the board or the appropriate district attorney may file a petition for injunction in the proper superior court of this state against such person for the purpose of enjoining any such violation. It shall not be necessary to allege or prove that there is no adequate remedy at law. The right of injunction provided for in this section shall be in addition to any other legal remedy which the board has and shall be in addition to any right of criminal prosecution provided by law.
Section 13. Exemptions, (a) The provisions of this Act shall not apply:
(1) To the installation, construction, or maintenance of power systems for the generation and distribution of electric current constructed under the provisions of the National Electrical Safety Code, which regulates the safety requirements of utilities. The interior wiring regulated by the National Electrical Code would not be exempt and must be done by an electrical contractor.
(2) To the installation, construction, maintenance, or repair of telephone or signal systems by or for public utilities or their corporate affiliates when said work pertains to the services furnished by said public utilities.
(3) To any technician employed by a municipal, franchised CATV system.

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(b) The provisions of this Act shall not apply to public utility corporations operating under the supervision of the Georgia Public Service Commission.
(c) The provisions of this Act shall not apply to any individual owner or lessee performing plumbing or related services upon residential property, where owned or leased by him and where he resides, nor shall this Act apply to plumbing or related services performed by plumbers employed by any institution, manufacturer, or business to render such services with respect to its installation and maintenance operations.
(d) Any person who holds a license issued to him under the provisions of this Act may engage in the business of plumbing, electrical contracting, or conditioned air contracting, but only as prescribed by the license, throughout the State of Georgia; and no municipality or county may require such person to comply with any additional licensing requirements imposed by such municipality or county.
Section 14. Fees or taxes may be levied by municipality or county. No provision of this Act shall be construed as prohibiting or preventing a municipality or county from fixing, charging, assessing, or collecting any license fee, registration fee, tax, or gross receipt tax on any related business or on anyone engaged in any related business governed by the provisions of this Act.
Section 15. Effect on certain laws. Nothing in this Act shall repeal or be construed as abrogating or otherwise affecting the power of any state department or agency to promulgate regulations, make inspections, or approve plans in accordance with any other applicable provisions of law.
Section 16. Application of provisions of this Act. The provisions of this Act shall apply to all installations, alterations, and repairs of plumbing, air-conditioning and heating, or electrical systems within or on public or private buildings, structures, or premises except as hereinafter provided:
(a) The provisions of this Act shall not apply to the installation, alteration, or repair of plumbing, air-conditioning and heating, or electrical services up to and including the meters where such work 42

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is performed by or is an integral part of the system owned or operated by a public service corporation or the electrical, water or gas department of any city in this state in rendering its duly authorized service as such.
(b) The provisions of this Act shall not apply to the installation, alteration, or repair of plumbing, air-conditioning and heating, or electrical systems where such work is an integral part of the system owned or operated, in rendering its duly authorized service as such, by a railroad company, pipeline company, mining company, or public utility or municipal utility in the exercise of its normal functions as a public utility or where such work is an integral part of any irrigation system on farms, ranches, or other open, unpopulated areas where such work will not be located within 30 feet of any dwelling or any building devoted to animal husbandry.
(c) The provisions of this Act shall not prohibit an individual from installing, altering, or repairing plumbing, plumbing fixtures, air conditioning and heating, air-conditioning and heating fixtures, or electrical services in a single-family dwelling owned or occupied by him; provided, however, all such work must be done in conformity with all other provisions of this Act and the orders, rules, and regulations of the board.
(d) The provisions of this Act shall not prohibit an individual from installing, altering, or repairing plumbing, plumbing fixtures, air-conditioning and heating fixtures, or electrical services in a farm or ranch building owned or occupied by him; provided, however, all such work must be done in conformity with all other provisions of this Act and the orders, rules, and regulations of the board.
(e) The provisions of this Act shall not prohibit an individual employed on the maintenance staff of a state owned or county owned facility from installing, altering, or repairing plumbing, plumbing fixtures, air-conditioning and heating fixtures, or electrical services when such work is an integral part of the maintenance requirements of the facility; provided, however, all such work must be done in conformity with all other provisions of this Act and the orders, rules, and regulations of the board.
Section 17. Penalty. Any person violating the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor.

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Section 18. Specific repealers, (a) An Act known as the "Georgia Electrical Contractors Act," approved April 8, 1971 (Ga. Laws 1971, p. 583), as amended by an Act approved March 21, 1974 (Ga. Laws 1974, p. 425), an Act approved April 24, 1975 (Ga. Laws 1975, p. 1228), and an Act approved March 14, 1978 (Ga. Laws 1978, p. 956), is hereby repealed in its entirety.
(b) An Act creating the State Board of Examiners of Plumbing Contractors, approved March 15, 1968 (Ga. Laws 1968, p. 308), as amended by an Act approved April 28, 1969 (Ga. Laws 1969, p. 853), an Act approved March 21, 1970 (Ga. Laws 1970, p. 590), an Act approved April 10, 1971 (Ga. Laws 1971, p. 843), and an Act approved March 14, 1978 (Ga. Laws 1978, p. 1001), is hereby repealed in its entirety.
(c) An Act providing for the regulation of the installation of warm air heating equipment, approved February 25, 1949 (Ga. Laws 1949, p. 1622), as amended by an Act approved March 17, 1958 (Ga. Laws 1958, p. 132) and an Act approved March 31, 1976 (Ga. Laws 1976, p. 1082), is hereby repealed in its entirety.
Section 19. Effective date. The provisions of this Act shall become effective July 1, 1980, except the provisions of Section 3 relating to the appointment and designation of the initial members of the State Construction Industry Licensing Board and the provisions of Section 4 relating to the organization of the board, which provisions shall become effective May 1, 1980.
Section 20. Termination date. Pursuant to Section 9 of "The Act Providing for the Review, Continuation, Reestablishment or Termination of Regulatory Agencies," approved March 24, 1977 (Ga. Laws 1977, p. 961), as now or hereafter amended, the Construction Industry Licensing Board created in Section 3 of this Act is hereby continued until July 1, 1986, at which time the board shall be terminated. Upon its termination, the board shall continue in existence until July 1 of the next succeeding year for the purpose of concluding its affairs and activities. During that termination period, the powers or authority of the board shall not be reduced or otherwise limited. The laws relative to the board shall be continued in effect for the duration of the termination period only for the purpose of concluding its affairs. As of the last day of the termination period, this Act shall stand repealed in its entirety. During the

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termination period, neither the board nor divisions within the board shall issue any new licenses, renew any licenses, or collect any license fees which were not due and payable prior to the date of termination of the board.
Section 21. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 31,1980.

TRANSFER OF FUNCTIONS, ETC. FROM STATE BUILDING ADMINISTRATIVE BOARD TO STATE
DEPARTMENT OF COMMUNITY AFFAIRS.
No. 1311 (House Bill No. 1085).
AN ACT
To provide for the transfer of functions, personnel, and equipment from the State Building Administrative Board to the State Department of Community Affairs; to provide for intent; to define certain terms; to provide for code adoption and continuation; to provide for amendments to codes; to provide for the adoption of certain codes by counties and municipalities; to provide for inspection and enforcement of codes; to provide for the mandatory application of the Georgia State Energy Code for Buildings; to provide for additional powers of the department; to provide for licenses; to provide for effect on certain laws; to provide for application of provisions of this Act; to provide for the transfer of personnel and equipment; to amend an Act which provides for the certification of factory-built housing, approved April 1, 1971 (Ga. Laws 1971, p. 364), so as to provide a definition; to change a certain term; to transfer certain functions; to provide for the continuation of certain rules and regulations; to provide for other matters relative to the foregoing; to repeal specific Acts and a specific section of an Act; to provide effective dates; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia:
Section 1. It is the intent of this Act to provide for the transfer of the functions and personnel of the State Building Administrative Board to the State Department of Community Affairs, except for the policy-making functions of said board which shall be transferred jointly to the State Department of Community Affairs and to the Board of Community Affairs. All codes which have been adopted by the State Building Administrative Board shall be continued under the administration of the State Department of Community Affairs.
Section 2. (a) As used in this Act:
(1) "Commissioner" means the commissioner of the State Department of Community Affairs.
(2) "Department" means the State Department of Community Affairs.
(3) "Board" means the Board of Community Affairs.
(b) As used in this Act, with respect to the Georgia State Energy Code for Buildings only:
(1) |`Exempted building' ' means any of the following:
(A) Any building whose peak design rate of energy usage for heating, cooling, ventilation, and lighting is less than one watt or 3.4 British thermal units (BTUs) per hour per square foot of floor area for all purposes;
(B) Any building which is neither mechanically heated nor cooled;
(C) Any mobile home; and
(D) Any building owned or leased in whole or in part by the United States.
(2) "Exterior envelope" means those elements of a building which enclose conditioned spaces through which thermal energy may be transferred to or from the exterior.

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(3) "New building" means any building on which final design is commenced after the adoption of the Georgia State Energy Code for Buildings under this law.
(4) "Public building" means any building which is open to the public during normal business hours and is not an exempted building, including the following:
(A) Any building which provides facilities or shelter for public assembly or which is used for educational, office, or institutional purposes;
(B) Any inn, hotel, motel, sports arena, supermarket, transportation terminal, retail store, restaurant, or other commercial establishment which provides services or retails merchandise;
(C) Any portion of an industrial plant building used primarily as office space; and
(D) Any building owned by the state or a political subdivision or instrumentality thereof, including libraries, museums, schools, hospitals, auditoriums, sports arenas, and university buildings.
(5) "Renovated building" means either of the following:
(A) A building undergoing alteration of the exterior envelope, heating, ventilation, and air-conditioning systems, water-heating systems, or lighting systems for which the aggregate cost exceeds 10 percent of the assessed value of the building immediately prior to such alteration; or
(B) A building undergoing alteration in the physical configuration or interior space for which the aggregate cost of alteration exceeds one-fourth of the assessed value of the building immediately prior to such alteration.
Section 3. (a) The following codes prepared and adopted by the State Building Administrative Board pursuant to an Act approved April 21, 1969 (Ga. Laws 1969, p. 546), as amended, and an Act approved April 10, 1978 (Ga. Laws 1978, p. 2212), as such codes

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exist on July 1, 1980, are hereby adopted and continued in their entirety by the State Department of Community Affairs as the state standard minimum codes:
(1) Georgia State Housing Code;
(2) Georgia State Building Code;
(3) Georgia State Plumbing Code;
(4) Georgia State Air Conditioning and Heating Code;
(5) Georgia State Electrical Code;
(6) Georgia State Gas Code.
(b) The following code prepared and adopted by the State Building Administrative Board pursuant to an Act approved April 21, 1969 (Ga. Laws 1969, p. 546), as amended, and an Act approved April 10, 1978 (Ga. Laws 1978, p. 2212), as such code exists on July 1, 1980, is hereby adopted and continued in its entirety by the State Department of Community Affairs:
Georgia State Energy Code for Buildings.
Section 4. (a) The department, with the approval of the board, may, from time to time, revise and amend the Georgia State Housing Code, the Georgia State Building Code, the Georgia State Plumbing Code, the Georgia State Air Conditioning and Heating Code, the Georgia State Electrical Code, the Georgia State Gas Code, or the Georgia State Energy Code for Buildings either on its own motion or upon recommendation from any citizen, profession, state agency, or political subdivision of the state. Upon approval by a majority of the board, each such amendment, modification, or new provision shall be held to be in full force and effect just as if it were included in the original adopted code. Prior to the adoption of any proposed amendment, modification, or new provision, the department shall conduct public hearings as are required by the provisions of the "Georgia Administrative Procedure Act" for the adoption of rules. Such public hearings shall be conducted at such places and on such dates and at such times as may be determined by the department.

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(b) Revisions of or amendments to the Georgia State Energy Code for Buildings shall not become effective without the approval of the Office of Energy Resources. The department shall consult with the Office of Energy Resources during the revision or amendment of such code and shall submit such revision or amendments to the Office of Energy Resources for approval at least ten days prior to the adoption thereof.
(c) The department shall make copies of the adopted codes and the amendments thereto available to members of the general public at such price as it shall deem reasonable to defray the costs of publication and handling.
(d) The revision or amendment of any such codes shall have reasonable and substantial connection with the public health, safety, and general welfare and the provisions shall be construed liberally to those ends.
(e) (1) For the purpose of assisting the department in carrying out the provisions of this section, the commissioner shall appoint an advisory committee to be composed of 15 members as follows:
(A) The Georgia Safety Fire Commissioner, or his designee as an ex officio member with full voting privileges,
(B) The Commissioner of the Department of Human Resources or his designee as an ex officio member with full voting privileges,
(C) The Commissioner of the Bureau of Community Affairs or his designee as an ex officio member with full voting privileges,
(D) One representative from municipal government,
(E) One representative of county government,
(F) One representative of home builders,
(G) One representative of savings and loan institutions,

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(H) One representative of the profession of architecture,
(I) One representative of the consulting engineering profession engaged in civil, mechanical, structural, or electrical practice,
(J) One representative of the mobile home industry,
(K) One representative of contractors,
(L) One electrical contractor from the state at large,
(M) One building material dealer,
(N) One plumbing contractor, and
(O) One conditioned air contractor.
(2) All appointments to the committee shall be for a term of four years. A member shall serve until his successor has been duly appointed. The commissioner shall make appointments to fill the unexpired portion of any term vacated for any reason. In making such appointments, the commissioner shall preserve the composition of the committee as required by this section. Any appointive member who, during his term, shall cease to meet the qualifications for original appointment shall thereby forfeit his membership on the committee. The commissioner shall have a period of 30 days from the effective date of this Act to appoint the members of the committee. Membership on the committee shall not constitute public office, and no member shall be disqualified from holding public office by virtue of his membership. Each member of such advisory committee shall serve without compensation, but each member of such committee shall be reimbursed for travel and other reasonable and necessary expenses incurred by him while attending called meetings of such committee.
(3) Any amendment, modification, or new provision to the codes set forth in Section 3 of this Act when such are prepared, proposed, or recommended by the department shall, prior to their submission to the board for approval, be submitted to the

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advisory committee for review and consideration. The department shall not forward any such amendment, modification, or new provision to the board without a favorable recommendation of a majority of the advisory committee.
Section 5. (a) The governing authority of any municipality and the governing authority of any county in this state are hereby authorized to adopt such state minimum standard codes, to provide for the local administration of such codes, to provide for local enforcement of such codes, to require building permits and fixing charges therefor, and to provide for the inspection of buildings or similar structures to insure compliance with the standard codes. Said governing authorities may contract with each other or with the state to administer such codes and to provide inspection and enforcement personnel and services necessary to insure compliance with the codes.
(b) Any municipality or county which has adopted codes pursuant to charter amendment, local laws, or any statute having general application may continue to operate under such codes. All powers and authority granted to municipalities and counties by this Act shall be cumulative. Such powers and authority shall be in addition to all other powers and authority municipalities and counties now possess.
(c) Any county resolution or municipal ordinance legally enacted under the authority of any such statute as stated above shall remain in force and effect after this Act has become effective until or unless the county or municipality, by affirmative act of the governing authority, has adopted the Georgia minimum standard codes provided for herein.
Section 6. (a) The governing body of each municipality and each county adopting any state minimum standard code is authorized to adopt by ordinance or resolution any reasonable provisions for the enforcement of said codes, including procedural requirements, providing for hearings, providing for appeals from decisions of local inspectors, and any other provisions or procedures necessary to the proper administration, inspection, and enforcement of the requirements of such codes. Said governing authorities are hereby authorized to employ inspectors, including chief and deputy inspectors, and any other personnel necessary to the proper enforcement of

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such codes and to provide for the authority, functions, and duties of such inspectors. The governing authority of each county and municipality is hereby authorized to contract with any other county or municipality, under which the parties agree to utilize county or municipal inspectors, or both, to enforce the provisions of the state minimum standard codes within their respective jurisdictions. The provisions of this section shall not apply to the enforcement of the Georgia State Energy Code for Buildings.
(b) (1) The commissioner shall be authorized to employ and fix the compensation of a chief state inspector and such deputy state inspectors as the board deems necessary to carry out the functions hereinafter provided.
(2) The commissioner shall be authorized to establish a training program for local inspectors whereby a state inspector, upon the request of the governing authority of a county or municipality, may visit such county or municipality for the purpose of training the inspectors of such county or municipality in the effective enforcement of any state code promulgated pursuant to this Act and adopted by such county or municipality. As a supplement to, or in conjunction with, sending state inspectors to individual counties or municipalities for the purpose of training local inspectors, the commissioner may establish, from time to time, regional training programs whereby the inspectors of several different counties and municipalities may take advantage of the training made available by such regional training programs.
Section 7. (a) The design, erection, construction, and alteration of any building for which the Georgia State Energy Code for Buildings shall apply shall be accomplished so that the building or applicable portions thereof shall meet or conform to such code. Enforcement of compliance with the provisions of this section shall be solely the province of local governing authorities, except in regard to buildings owned by the state. In state owned buildings, the state agency which owns the building shall provide for the compliance with the code adopted under this Act. Local governing authorities are authorized to adopt rules and regulations for the administration and enforcement of the code and to adopt such penalties for violation of the code as they deem appropriate.

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(b) The Georgia State Energy Code for Buildings shall not apply to exempted buildings; and, with respect to renovated buildings, such code shall only apply to portions or systems of the building which are directly involved in the renovation.
(c) The commissioner or his designated representative shall have authority to hear appeals relating to the interpretation, enforcement, and administration by local governing authorities of the Georgia State Energy Code for Buildings and exceptions to such code. The commissioner may, at his option, hear de novo cases but shall not hear any appeal until it is determined that the appeal procedures available through the affected local government have been exhausted. If the commissioner determines that the local governing authority erred in its interpretation of the code, it shall remand the case to the local government with instructions to take such action as the commissioner directs. Further appeals may be made as provided by the "Georgia Administrative Procedure Act."
Section 8. In addition to the authority heretofore provided by this Act, the department shall have the power to:
(a) Administer all funds available under this Act.
(b) Accept any grant of funds made by the United States government or any agency thereof for the purpose of carrying out the provisions of this Act.
(c) Request from the various state departments and other agencies and authorities of the state and its political subdivisions and their agencies and authorities such available information as it may require in its work; and all such agencies and authorities shall furnish, within a reasonable time, such requested available information to the department.
(d) Contract with the United States government or agencies thereof, political subdivisions of the State of Georgia, and with private persons and corporations.
(e) Do all other things necessary and proper to exercise its powers and perform its duties in accordance with the provisions of this Act.

GEORGIA LAWS 1980 SESSION

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Section 9. Each municipality and each county adopting the state minimum standard codes as provided by this Act are hereby authorized to establish a local licensing authority consisting of not less than three members appointed by the governing body, which local licensing authority shall have the power to examine and license persons engaged in the installation, alteration, and repair of plumbing, air-conditioning and heating, or electrical systems unless otherwise provided by law. The local licensing authority is hereby authorized to adopt such procedures, rules, or regulations reasonably necessary to administer locally examinations to and license said craftsmen.
Section 10. (a) Nothing in this Act shall repeal or be construed as abrogating or otherwise affecting the power of any state department or agency to promulgate regulations, make inspections, or approve plans in accordance with any other applicable provisions of law.
(b) With the exception of the Georgia State Energy Code for Buildings, nothing in this Act shall be construed to prohibit or abrogate the adoption of any lawful ordinance, regulation, or resolution which is more restrictive than the provisions of the state minimum standard codes.
Section 11. The provisions of this Act shall apply to all installations, alterations, and repairs of plumbing, air-conditioning and heating, or electrical systems within or on public or private buildings, structures, or premises except as hereinafter provided:
(a) The provisions of this Act shall not apply to the installation, alteration, or repair of plumbing, air-conditioning and heating, or electrical services up to and including the meters, where such work is performed by or is an integral part of the system owned or operated by a public service corporation or the water or gas department of any city in this state in rendering its duly authorized service as such.
(b) The provisions of this Act shall not apply to the installation, alteration, or repair of plumbing, air-conditioning and heating, or electrical systems, where such work is an integral part of the system owned or operated, in rendering its duly authorized service as such, by a railroad company, pipeline company, mining company, public

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utility in the exercise of its normal functions as a public utility, or where such work is an integral part of any irrigation system on farms, ranches, or other open, unpopulated areas where such work will not be located within 30 feet of any dwelling or any building devoted to animal husbandry.
(c) The provisions of this Act shall not prohibit an individual from installing, altering, or repairing plumbing, plumbing fixtures, air conditioning and heating, air-conditioning and heating fixtures, or electrical services in a single-family dwelling owned and occupied by him; provided, however, all such work must be done in conformity with all other provisions of this Act and the orders, rules, and regulations of the department.
(d) The provisions of this Act shall not prohibit an individual from installing, altering, or repairing plumbing, plumbing fixtures, air-conditioning and heating fixtures, or electrical services in a farm or ranch building owned or occupied by him; provided, however, all such work must be done in conformity with all other provisions of this Act and the orders, rules, and regulations of the department.
(e) The provisions of this section shall not affect or abrogate the requirements of the Georgia State Energy Code for Buildings.
Section 12. (a) The staff director and personnel of the State Building Administrative Board are hereby transferred to the State Department of Community Affairs. Such state employees transferred shall continue to retain all rights, entitlements, and privileges as state employees and participate in the various state personnel programs as they were heretofore entitled or otherwise authorized. Any legal contracts previously entered into by the State Building Administrative Board which are in effect are hereby transferred and shall continue in effect under the State Department of Community Affairs until their normally prescribed termination or expiration.
(b) All records, equipment, furniture and fixtures, files, and supplies of every kind and character presently assigned to the State Building Administrative Board are transferred to the State Department of Community Affairs.
Section 13. (a) An Act providing for the certification of factorybuilt housing and for the establishment of uniform health and safety

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standards and inspection procedures for factory-built housing, approved April 1, 1971 (Ga. Laws 1971, p. 364), is hereby amended by striking in its entirety subsection (a) of Section 2 and inserting in lieu thereof a new subsection (a) to read as follows:
(a) "Commissioner" means the Commissioner of the Department of Community Affairs.
(b) Said 1971 Act is further amended by striking the term "Board" wherever the same shall appear in the Act and inserting in lieu thereof the term "Commissioner."
(c) All functions heretofore exercised by the State Building Administrative Board pursuant to the Act providing for certification of factory-built housing and for the establishment of uniform health and safety standards and inspection procedures for factory-built housing, approved April 1, 1971 (Ga. Laws 1971, p. 364), are hereby transferred to and will be exercised by the said Commissioner of the Department of Community Affairs. All rules and regulations relative to factory-built housing heretofore adopted by the State Building Administrative Board pursuant to the said Act relative to factory-built housing shall be continued in full force and effect until revised or repealed by the Commissioner in accordance with the Administrative Procedure Act.
Section 14. (a) An Act creating the State Building Administrative Board, approved April 21, 1969 (Ga. Laws 1969, p. 546), as amended by an Act approved March 24, 1970 (Ga. Laws 1970, p. 734), an Act approved March 29, 1971 (Ga. Laws 1971, p. 242), an Act approved March 24, 1976 (Ga. Laws 1976, p. 654), and an Act approved March 23, 1977 (Ga. Laws 1977, p. 769), is hereby repealed in its entirety.
(b) An Act known as the "Energy Conservation Building Standards Act of 1978," approved April 10, 1978 (Ga. Laws 1978, p. 2212), is hereby repealed in its entirety.
(c) Section 5 of an Act creating the State Office of Housing Section within the State Department of Community Affairs, which Section 5 assigns the State Building Administrative Board to said department for administrative purposes, approved March 24, 1976 (Ga. Laws 1976, p. 651), is hereby repealed in its entirety.

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Section 15. In order to provide for an orderly transfer of personnel and equipment from the State Building Administrative Board to the State Department of Community Affairs, Section 12 of this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. The remaining sections of this Act shall become effective July 1, 1980.
Section 16. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 31, 1980.

HEALTH CODE AMENDED - EYE BANKS.
Code Chapter 88-20 Amended.
No. 1312 (House Bill No. 1186).
AN ACT
To amend Code Chapter 88-20, relating to eye banks, as amended, particularly by an Act approved March 7,,11978 (Ga. Laws 1978, p. 811), so as to provide for removal of eye tissue and corneal tissue from decedents; to provide the conditions under which such removal is authorized; to provide for civil and criminal immunity for persons making such authorized removals; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Chapter 88-20, relating to eye banks, as amended, particularly by an Act approved March 7, 1978 (Ga. Laws 1978, p. 811), is hereby amended by striking Section 88-2010 which reads as follows:

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"88-2010. Corneal and Eye Removal by Medical Examiners and Physicians, (a) Upon the request of any eye bank in any case in which a patient is in need of corneal tissue or an eye for a transplant, a medical examiner or physician performing an autopsy may provide the cornea or eye of a decedent whenever all of the following conditions are met:
(1) (A) A decedent who may provide a suitable cornea or eye for the transplant is under the jurisdiction of a medical examiner and an autopsy is required in accordance with the `Georgia Post Mortem Examination Act' (Ga. Laws 1953, Jan.-Feb., p. 602); or
(B) The physician has been requested, as provided by law, to perform an autopsy on a decedent who may provide a suitable cornea or eye for the transplant.
(2) The express written consent to the removal of the cornea or eye is given by the next of kin of the decedent.
(3) The removal of the cornea or eye will not interfere with the subsequent course of an investigation or autopsy.
(b) Neither the medical examiner or physician, nor any eye bank, shall be held liable or responsible in any civil or criminal action for the removal or transplant of a cornea or eye as authorized by this Section.",
and inserting in lieu thereof a new section to read as follows:
"88-2010. Cornea and eye tissue removal authorized, (a) Eye tissue. (1) Upon the request of any eye bank licensed in the State of Georgia in any case in which a patient is in need of an eye for a transplant, a physician performing an autopsy by consent, a coroner, a medical examiner, hospital, or funeral director may provide the eye of a decedent whenever all of the following conditions are met:
(A) (i) A decedent who may provide a suitable eye for the transplant is under the jurisdiction of a coroner or medical examiner and an autopsy is required in

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GENERAL ACTS AND RESOLUTIONS, VOL. I

accordance with the `Georgia Post Mortem Examination Act' (Ga. Laws 1953, Jan.-Feb., p. 602); or
(ii) The physician has been requested, as provided by law, to perform an autopsy on a decedent who may provide a suitable eye for the transplant.
(B) The express written consent to the removal of the eye is given by the next of kin of the decedent.
(C) The removal of the eye will not interfere with the subsequent course of an investigation or autopsy.
(2) No physician, coroner, medical examiner, hospital, or funeral director authorizing removal of eye tissue nor any eye bank or its personnel requesting or participating in such removal shall be liable or responsible in any civil or criminal action for the removal or subsequent transplant of such tissue, provided that its removal was in accordance with the requirements of this subsection.
(b) Corneal tissue. (1) Upon a request from an authorized official of an eye bank licensed in the State of Georgia for corneal tissue to be used for transplants or research, a coroner, a medical examiner, hospital, funeral director, or an authorized official acting for the coroner may permit the removal of the corneal tissue of a decedent by individuals designated by the eye bank for delivery to the eye bank for such purposes if all of the following conditions are met:
(A) (i) The decedent from whom the tissue is to be taken is under the jurisdiction of a coroner or medical examiner pursuant to Section 4 of the `Georgia Post Mortem Examination Act' (Ga. Laws 1953, Jan.-Feb., p. 602);
(ii) No objection by the decedent or, after the decedent's death, by the appropriate person listed below is known to the coroner, medical examiner, or authorized official acting for the coroner at the time the tissue is removed;

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(iii) The person designated by the eye bank to remove the tissue is a person authorized to do so under Section 88-2005 of this Code.
(B) Objection to the removal of corneal tissue may be made known to the coroner, medical examiner, hospital, funeral director, or authorized official acting for the coroner by the decedent during his lifetime or by the following persons after decedent's death:
(i) The decedent's spouse;
(ii) If no spouse survives him, any of the decedent's adult children;
(iii) If no adult children or spouse survive him, either of the decedent's parents;
(iv) If no parents, adult children, or spouse survive him, any of the decedent's brothers or sisters; or
(v) If none of the foregoing survive him, decedent's next of kin.
(2) No coroner, medical examiner, hospital, funeral director, or authorized official acting for the coroner authorizing the removal of corneal tissue nor any eye bank, its personnel, or other person requesting or participating in the removal of corneal tissue for the eye bank shall be liable in any civil or criminal action for removing corneal tissue from a decedent and using same for transplant or research purposes without obtaining prior consent from any individual listed in Section 882010(b)(1)(B), if such individual failed to object prior to such removal as authorized in this section and such removal of tissue was in accordance with the provisions of this section."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 31, 1980.

DEVELOPMENT AUTHORITIES LAW AMENDED PROJECT DEFINED, ETC.
No. 1313 (House Bill No. 1260).
AN ACT
To amend an Act known as the "Development Authorities Law," approved March 28, 1969 (Ga. Laws 1969, p. 137), as amended, particularly by an Act approved March 15, 1979 (Ga. Laws 1979, p. 413), so as to change the definition of the word "project" to include certain skilled nursing home and intermediate care home facilities; to change certain provisions relating to taxation; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act known as the "Development Authorities Law," approved March 28, 1969 (Ga. Laws 1969, p. 137), as amended, particularly by an Act approved March 15, 1979 (Ga. Laws 1979, p. 413), is hereby amended by adding the following new paragraph to the end of subsection (e) of Section 1:
"(11) The word `project' shall also include any one or more buildings or structures used or to be used as a skilled nursing home or intermediate care home subject to regulation and licensure by the Department of Human Resources and all necessary, convenient or related interests in land, machinery, apparatus, appliances, equipment, furnishings, appurtenances, site preparation, landscaping and physical amenities."

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Section 2. Said Act is further amended by striking in its entirety Section 10 thereof and substituting in lieu thereof a new Section 10 to read as follows:
"Section 10. This Act is passed pursuant to authority granted the General Assembly by amendment to the Constitution of the State of Georgia (Ga. Laws 1968, pp. 1606-1608), duly ratified and proclaimed. Each Authority hereby created is created for nonprofit and public purposes, and it is hereby found, determined and declared that the creation of each such Authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of the State, that the Authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this Act and for such reasons, the State convenants with the holders from time to time of the bonds issued hereunder that such Authority shall be required to pay no taxes or assessments imposed by the State or any of its counties, municipal corporations, political subdivisions or taxing districts upon any property acquired by the Authority or under its jurisdiction, control, possession or supervision or leased by it to others (other than property leased for the purposes of a `project' defined in Section l(e)(10)or (11) or (12) which shall be taxable by the State and its counties, municipal corporations, political subdivisions, and taxing districts), or upon its activities in the operation or maintenance of any such property or on any income derived by the Authority in the form of fees, recording fees, rentals, charges, purchase price, installments or otherwise, and that the bonds of such Authority, their transfer and the income therefrom shall at all times be exempt from taxation within the State. The tax exemption herein provided shall not include any exemption from sales and use tax on property purchased by the Authority or for use by the Authority."
Section 3. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall affect the other parts of this Act, which shall thereafter be of no force and effect. The General Assembly hereby declares that it would not have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 31, 1980.

MOTOR VEHICLES ^HANDICAPPED PARKING LAW.
Code Chapter 68A-10 Amended.
No. 1314 (House Bill No. 1302).
AN ACT
To amend Code Chapter 68A-10, also designated as Article X of Title 68A, relating to stopping, standing, and parking of motor vehicles, so as to provide for handicapped parking; to provide for a short title; to define terms; to provide for a system of handicapped parking permits to be administered by the Department of Public Safety; to provide for temporary and permanent permits and for fees for said permits; to provide that it shall be unlawful to use handicapped parking places without displaying a permit, to use handicapped parking places except for access to vehicles by handicapped persons, to obtain by fraud or counterfeit said permits, or to make unauthorized use of said permits; to provide penalties; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Chapter 68A-10, also designated as Article X of Title 68A, relating to stopping, standing, and parking of motor vehicles, is hereby amended by adding following the title of said chapter the following designation of the existing text of the chapter as Subchapter A:

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"SUBCHAPTER A. GENERAL REGULATIONS''.
Section 2. Said Code chapter is further amended by adding following Section 68A-1005 the following:
"68A-1006 through 1019. Reserved."
Section 3. Said Code chapter is further amended by adding a new Subchapter B to read as follows:
"SUBCHAPTER B. HANDICAPPED PARKING
68A-1020. Short title. This subchapter may be known and cited as the Handicapped Parking Law.
68A-1021. Definitions. As used in this subchapter the following terms shall have the meaning ascribed to them in this section unless the context clearly requires otherwise:
(1) `Handicapped parking place' means any area on public or private property which has been designated as reserved for use of handicapped persons by any sign or pavement marking bearing the word `handicap,' the word `handicapped,' or a symbol representing a person in a wheelchair.
(2) `Handicapped person' means a person who by reason of illness, injury, age, congenital malfunction, or other incapacity or disability has a significantly greater need for use of handicapped parking places than do persons who are not so affected.
(3) `Permanently handicapped person' means a handicapped person whose disability or incapacity can be expected to last for more than 180 days.
(4) `Temporarily handicapped person' means a handicapped person whose disability or incapacity can be expected to last for not more than 180 days.
68A-1022. Permits, (a) The department shall issue handicapped parking permits at every place where it issues drivers'

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GENERAL ACTS AND RESOLUTIONS, VOL. I

licenses. Permits shall be in such form as the department prescribes but shall be of sufficient size and sufficiently distinctively marked to be easily visible when placed on the dashboard of a parked car. Permits shall be issued to individuals and the name of the individual shall appear on the permit. The individual to whom a permit is issued may use such permit for any vehicle he is operating or in which he is a passenger.
(b) The department shall issue a temporary permit, which shall be predominantly red in color, to any temporarily handicapped person upon presentation of a licensed medical doctor's affidavit stating that such person is a temporarily handicapped person and stating a date until which such person is likely to remain handicapped. The temporary permit shall show prominently on its face an expiration date the same as the date specified by the physician for the likely termination of the handicap, such date not to be more than 180 days after the date issued.
(c) The department shall issue a permanent permit, which shall be predominantly blue in color, to any person who is obviously permanently disabled and to any other permanently disabled person upon presentation of a licensed medical doctor's affidavit stating that such person is a permanently handicapped person. The permanent permit shall show prominently on its face an expiration date four years from the date issued.
68A-1023. Fees. The department shall establish a fee for temporary and permanent permits in such an amount that the total amount of fees charged and collected by the department in each fiscal year approximates the total of the direct and indirect costs to the state of issuing permits for the fiscal year.
68A-1024. Penalties, (a) It shall be unlawful for any person to stop, stand, or park any vehicle in a handicapped parking place unless there is displayed on the dashboard of the vehicle a valid unexpired handicapped parking permit.
(b) It shall be unlawful for any person to stop, stand, or park any vehicle in a handicapped parking place except for the purpose of allowing a handicapped person to enter or get out of such vehicle while in such parking place.

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(c) It shall be unlawful for any person to obtain by fraud or counterfeit a handicapped parking permit.
(d) It shall be unlawful for any person other than the handicapped person to whom a handicapped parking permit is issued to make use of a handicapped parking permit.
(e) No person shall park a vehicle so as to block any entrance/egress ramp used by the handicapped on public or private property.
(f) State and local authorities shall honor visitor's out-of-state handicapped license tags and similar special parking permits on the same basis as handicapped license tags and special parking permits issued within Georgia pursuant to this Act.
(g) (1) Any person violating subsection (c) of this section shall be guilty of a misdemeanor and upon conviction shall be punished as for a misdemeanor.
(2) Any person violating subsection (a), (b), (d), or (e) of this section shall be subject to a fine not to exceed $40.00."
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 31, 1980.

STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS ACT AMENDED.
No. 1315 (House Bill No. 1422).
AN ACT
To amend an Act providing for the licensure of applied psychologists, approved February 21 1951 (Ga. Laws 1951, p. 408), as

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GENERAL ACTS AND RESOLUTIONS, VOL. I

amended, so as to add a consumer member to the board and to provide for the appointment and term of such member; to provide for limitations regarding the voting of the consumer member; to continue the board and the laws relating thereto but to provide for the later termination of the board and the laws relating thereto; to change the quorum, manner of appointment, and compensation and allowances of the board; to change certain provisions relating to the issuance of temporary licenses and the duration and renewal thereof; to provide for fee refunds; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing for the licensure of applied psychologists, approved February 21, 1951 (Ga. Laws 1951, p. 408), as amended, is hereby amended by designating the first paragraph of Section 2 as subsection (a) and by striking from said newly designated subsection (a) the following:
"five members",
and substituting in lieu thereof the following:
"six members",
and by striking from said subsection (a) the following:
"Members of the Board of Examiners shall be representative of psychologists licensed under the terms of this Act.",
and by adding at the end of Section 2 a new subsection (b) to read as follows:
"(b) Pursuant to Section 9 of `The Act Providing for the Review, Continuation, Reestablishment or Termination of Regulatory Agencies,' approved March 24, 1977 (Ga. Laws 1977, p. 961), as now or hereafter amended, the State Board of Examiners of Psychologists and the laws relating thereto are hereby continued until July 1, 1986, at which time the board shall be terminated. Upon its termination, the board shall continue in existence until July 1 of the next succeeding year for the purpose of concluding its affairs and activities. During that termination period, the powers or authority

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of the board shall not be reduced or otherwise limited. The laws relative to the board shall be continued in effect for the duration of the termination period only for the purpose of concluding its affairs. As of the last day of the termination period, the laws relative to the board shall stand repealed in their entirety. During the termination period, the board shall not issue any new licenses nor renew any licenses nor collect any license fees which were not due and payable prior to the date of termination of the board.",
so that when so amended said Section 2 shall read as follows:
"Section 2. State Board of Examiners of Psychologists created, (a) There is hereby created a State Board of Examiners of Psychologists, hereinafter referred to as the Board of Examiners of Psychologists, to consist of six members who shall be appointed by the Governor under conditions hereinafter set forth. No member of the board shall be liable to civil action for any act performed in good faith in the performance of his duties as prescribed by law.
"(b) Pursuant to Section 9 of `The Act Providing for the Review, Continuation, Reestablishment or Termination of Regulatory Agencies,' approved March 24, 1977 (Ga. Laws 1977, p. 961), as now or hereafter amended, the State Board of Examiners of Psychologists and the laws relating thereto are hereby continued until July 1, 1986, at which time the board shall be terminated. Upon its termination, the board shall continue in existence until July 1 of the next succeeding year for the purpose of concluding its affairs and activities. During that termination period, the powers or authority of the board shall not be reduced or otherwise limited. The laws relative to the board shall be continued in effect for the duration of the termination period only for the purpose of concluding its affairs. As of the last day of the termination period, the laws relative to the board shall stand repealed in their entirety. During the termination period, the board shall not issue any new licenses nor renew any licenses nor collect any license fees which were not due and payable prior to the date of termination of the board."
Section 2. Said Act is further amended by striking in its entirety Section 3 thereof, which reads as follows:
"Section 3. Appointment of Board by Governor.--Commencing in 1970, the Board shall be increased from three to five members by

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the appointment of three new members in lieu of the one member whose term is to expire. Of these three new Board members, one member shall be appointed for a period of three years; one member shall be appointed for a period of four years; and one member shall be appointed for a period of five years. All new appointments to the Board commencing in 1971 shall be for a period of five years. Vacancies shall be filled for the unexpired terms, and members shall serve until their successors are appointed and qualified. All appointments to the Board shall be made from a list of qualified members of the Georgia Psychological Association to be furnished to the Governor by said Association. All vacancies occurring in the Board shall be filled by the Governor for the unexpired term from the said list of all qualified members of the Georgia Psychological Association within thirty (30) days after the vacancy occurs: Provided, that if the said Association shall fail to furnish the Governor with the list of persons eligible for such an appointment, the Governor shall make such appointments by nominating such members of the profession of psychology hereto as may seem to him to be proper. Any Board member may be removed after notice and hearing for incompetence, neglect of duty, malfeasance in office, or commission of a crime involving moral turpitude.",
and inserting in lieu thereof the following:
"Section 3. Appointment of board by Governor. The Governor shall appoint members to serve on the board so that the board shall at all times be composed of five members who are persons licensed as psychologists under this Act and one consumer member who is not licensed as a psychologist under this Act. The initial term of the consumer member shall begin July 1, 1980, and end June 31, 1985, upon the appointment and qualification of a successor. Those persons serving as board members immediately prior to the effective date of this section shall serve out their terms of office. All six members of the board shall serve for terms of five years and until their successors are appointed and qualified. Vacancies on the board shall be filled by the Governor for the unexpired term in the same manner as the original appointment, and members shall serve until their successors are appointed and qualified. Any board member may be removed after notice and hearing for incompetence, neglect of duty, malfeasance in office, or commission of a crime involving moral turpitude."

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Section 3. Said Act is further amended by striking in its entirety Section 5 thereof, which reads as follows:
"Section 5. The Board of Examiners of Psychologists shall elect annually a president and vice-president. Said board shall operate under the terms of Chapter 84-1, providing for a joint-secretary for the several State examining boards and said joint-secretary shall serve said board as provided by law. Each member shall receive all necessary expenses incident to holding meetings: Provided, however, that expenses shall in no case exceed the fees collected by said jointsecretary for said board. The board shall hold at least one regular meeting each year, said required meeting to be held at the State Capitol. Call meetings may be held at the discretion of the president or at the written request of any two members of the board. Said board shall adopt a seal, which must be affixed to all licenses issued by the board. The board shall, from time to time, adopt such rules and regulations as they may deem necessary for the performance of their duties, and shall examine and pass upon the qualifications of the applicants for the practice of applied psychology as herein provided. Three members of the board shall at all times constitute a quorum. The board shall be empowered to hire such clerical assistance as is necessary to carry on its activities, within the limits of funds available to the board. In addition to the expenses which are provided in this section to be paid to the members of the board, each member of the board shall also receive fifteen ($15.00) dollars per diem while in attendance at the meetings of the board.",
and inserting in lieu thereof a new Section 5 to read as follows:
"Section 5. (a) The Board of Examiners of Psychologists shall elect annually a president and vice-president. Said board shall operate under the terms of Chapter 84-1, providing for a joint secretary for the several state examining boards and said joint secretary shall serve said board as provided by law. The board shall hold at least one regular meeting each year, said required meeting to be held at the state capitol. Call meetings may be held at the discretion of the president or at the written request of any two members of the board. Said board shall adopt a seal, which must be affixed to all licenses issued by the board. The board shall from time to time, adopt such rules and regulations as they may deem necessary for the performance of their duties, and shall examine and pass upon the qualifi-

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GENERAL ACTS AND RESOLUTIONS, VOL. I

cations of the applicants for the practice of applied psychology as herein provided. Four members of the board shall at all times constitute a quorum. The board shall be empowered to hire such clerical assistance as is necessary to carry on its activities, within the limits of funds available to the board.
(b) Each member of the board shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member of the board is in attendance of official duties of such board, plus either reimbursement for actual transportation costs while traveling by public carrier or the same mileage allowance for use of a personal car in connection with such attendance as members of the General Assembly receive. Such expense and travel allowance shall be paid in lieu of any per diem, allowance, or other remuneration now received by any such member for such attendance; provided, the compensation and allowances herein provided shall in no case exceed the fees collected by said joint secretary for said board."
Section 4. Said Act is further amended by striking in its entirety Section 10 thereof, which reads as follows:
"Section 10. Temporary licenses, issuance to applicants to practice: In the discretion of the Joint-Secretary, State Examining Boards, with the approval of the President of the State Board of Examiners of Psychologists, he may issue a temporary license to an applicant for a permanent license. Said temporary license shall have the same force and effect as a permanent license until the board has rejected or approved the application for a permanent license. Said temporary license shall not be recorded.",
and inserting in lieu thereof a new Section 10 to read as follows:
"Section 10. Temporary licenses, issuance to applicants to practice. In the discretion of the joint secretary, State Examining Boards, with the approval of the State Board of Examiners of Psychologists, he may issue a temporary license to an applicant for a permanent license. Such license shall have the same force and effect as a permanent license but shall expire 12 months from the date of its issuance and shall not be renewable. Said temporary license shall not be recorded."

GEORGIA LAWS 1980 SESSION

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Section 5. Said Act is further amended by striking from Section 15 the following:
"under any circumstances",
and inserting in lieu thereof the following:
"except for good cause, as shall be determined by the board",
so that when so amended said Section 15 shall read as follows:
"Section 15. License and registration fees. The board shall be empowered to establish fees for all applications, examinations, licenses, registrations, or permits authorized by this Act or for the renewal of any such licenses, registrations, or permits, such fees to be commensurate with the cost of fulfilling the statutory duties imposed upon said board. No part of any fee shall be refundable except for good cause, as shall be determined by the board."
Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 31, 1980.

INDEMNIFICATION FOR DEATHS OF CERTAIN LAW ENFORCEMENT OFFICERS.
No. 1316 (House Bill No. 1487).
AN ACT
To amend an Act to provide for indemnification with respect to the death of certain law enforcement officers, firemen, or prison guards, approved April 5, 1978 (Ga. Laws 1978, p. 1914), so as to clarify legislative intent with respect to taxability within this state of indemnification paid pursuant to the Act; to provide an effective date; to repeal conflicting laws; and for other purposes.

1344

GENERAL ACTS AND RESOLUTIONS, VOL. I

Be it enacted by the General Assembly of Georgia:
Section 1. An Act to provide for indemnification with respect to the death of certain law enforcement officers, firemen, or prison guards, approved April 5, 1978 (Ga. Laws 1978, p. 1914), is hereby, amended by adding a new section after Section 1 thereof, to be designated Section 1 A, to read as follows:
"Section 1A. It is the intent of the General Assembly that indemnification paid pursuant to this Act shall not be taxable within this State for any purposes."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 31, 1980.

ACCESS TO BUILDINGS AND FACILITIES BY HANDICAPPED PERSONS.
No. 1317 (House Bill No. 1641).
AN ACT
To amend an Act relating to access to buildings and facilities by handicapped persons, approved April 3, 1972 (Ga. Laws 1972, p. 750), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 552), so as to define the enforcement duties of the Safety Fire Commissioner; to require approval of certain new buildings before the same may be built; to provide for practice and procedure; to provide for statutory construction; to repeal conflicting laws; and for other purposes.

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1345

Be it enacted by the General Assembly of Georgia:
Section 1. An Act relating to access to buildings and facilities by handicapped persons, approved April 3, 1972 (Ga. Laws 1972, p. 750), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 552), is hereby amended by striking subsection (a) of Section 20, which reads as follows:
"(a) The Safety Fire Commissioner shall be responsible for the administration and enforcement of this Act with respect to those buildings described in section 8 of an Act creating the Office of the Georgia Safety Fire Commissioner, approved February 25, 1949 (Ga. L. 1949, p. 1057), as amended, particularly by an) Act approved April 14, 1967 (Ga. L. 1967, p. 619), except as otherwise provided for in subsections (a) and (b) of this section.",
and inserting in its place a new subsection to read as follows:
"(a) (1) Except for buildings under the jurisdiction of the Board of Regents, all buildings subject to subsection 8(a) of the Act creating the office of Georgia Safety Fire Commissioner, approved February 25, 1949 (Ga. Laws 1949, p. 1057), as amended through January 1, 1980, shall be subject to the jurisdiction of the Georgia Safety Fire Commissioner for purposes of enforcement of this Act. Said subsection, as so amended, appears at Ga. Laws 1967, pp. 621-22.
(2) With respect to any such building, the Georgia Safety Fire Commissioner shall have the following powers and duties:
(A) No such building shall be built in this state by any private person or corporation or public entity unless it conforms to the requirements of Sections 4 through 19 of this Act and its plans and specifications have been approved by the Commissioner as provided in this subparagraph. All such plans and specifications shall identify the architect or engineer submitting them in a manner acceptable to the Commissioner. The Commissioner shall approve such plans and specifications only if they conform to the requirements of this Act. The Commissioner shall not require any additional fee for each submission of plans or specifications other than the standard fee required by Section 9 of the Act 43

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GENERAL ACTS AND RESOLUTIONS, VOL. I

creating the Office of Georgia Safety Fire Commissioner, approved February 25, 1949 (Ga. Laws 1949, p. 1057), as now or hereafter amended. No local governing authority shall issue any building permit for any building subject to this subsection without proof of the approval required by this subparagraph.
(B) In any case where the Commissioner denies his approval under subparagraph (A) or an exemption under subparagraph (C), the rights and remedies of the person submitting same shall be as provided by the `Administrative Procedure Act,' as now or hereafter amended. (C) Upon a showing that full compliance with any particular requirement or requirements is impractical or not necessary to accomplish the purposes of this Act, the Commissioner may exempt a building from full compliance with such requirement or requirements and approve plans and specifications which do not conform (or which only partially conform) to such requirement or requirements."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 31, 1980.

RETIREMENT SYSTEM FOR JUDGES OF PROBATE COURTS.
No. 1321 (Senate Bill No. 442).
AN ACT
To amend an Act providing for retirement benefits for the judges of the probate courts, approved March 21, 1958 (Ga. Laws 1958, p. 185), as amended, particularly by an Act approved March 17, 1959 (Ga. Laws 1959, p. 354) and an Act approved April 3, 1968 (Ga. Laws 1968, p. 548), so as to require certain reports; to provide for

GEORGIA LAWS 1980 SESSION

1347

penalties and interest on certain funds and reports to be remitted to the Board of Commissioners of the Judges of the Probate Court Retirement Fund of Georgia; to provide when said funds shall be due and delinquent; to authorize the Board to waive penalties imposed; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing for retirement benefits for the judges of the probate courts, approved March 21, 1958 (Ga. Laws 1958, p. 185), as amended, particularly by an Act approved March 17, 1959 (Ga. Laws 1959, p. 354) and an Act approved April 3, 1968 (Ga. Laws 1968, p. 548), is hereby amended by designating the existing text of Section 8 as subsection (a), by correcting certain references within said subsection, and by adding a new subsection (b) to read as follows:
"(b) (1) All monies required to be paid to the Board by this Section shall be due on the tenth day of the month after collection. Each probate judge shall pay said monies to the Board no later than said due date and shall submit with said monies a sworn statement of the number and nature of transactions for which said monies are required to be paid and the amount due. Said sworn statement shall be on a form furnished to each probate judge by the Board.
(2) Monies not paid when due shall bear interest at the rate of seven percent per annum.
(3) Monies not paid within 60 days of the date they are due shall be delinquent. There shall be imposed on delinquent funds a specific penalty in the amount of five percent of the principal amount delinquent per month for each month such monies remain delinquent; but such specific penalty shall not exceed twenty-five percent. Such specific penalty shall be in addition to the seven percent per annum interest charged on overdue monies. All funds due on or before July 10, 1980, shall be delinquent 60 days after said date.
(4) For failure to file the written report of transactions and amount due when due, there shall be imposed a specific penalty

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GENERAL ACTS AND RESOLUTIONS, VOL. I

in the amount of $5.00 for each month said report remains overdue; but such specific penalty shall not exceed $50.00 for failure to file any one report.
(5) By affirmative vote of all the members, the Board, upon the payment of all overdue funds and interest and for good cause shown, may waive the specific penalties provided by paragraphs (3) and (4) of this subsection.",
so that when so amended Section 8 shall read as follows:
"Section 8. (a) From the date of approval of this Act, twenty percent of all fees collected by any and all judges of the probate courts in the State of Georgia for any service rendered as such for taking application for marriage licenses, issuing and recording such marriage licenses and for filing said application and marriage licenses with the Department of Human Resources shall be withheld by the judges of the probate courts so collecting the same and paid over to the Board of Commissioners of the Judges of the Probate Court Retirement Fund of Georgia, irrespective of whether such collecting judge of the probate court is now or may hereafter be compensated from fees collected or salary or both, by the tenth of each succeeding month after such collection. It shall be the duty of each judge of the probate courts to keep accurate records of all said fees collected and such records may be audited by said Board at any time. The sums remitted to the Board under this section shall be used to provide adjustments of the compensation of the several judges of the probate courts in Georgia by making retirement benefits herein provided available to said judges of the probate courts and for paying costs of administration incurred by the Board.
(b) (1) All monies required to be paid to the Board by this Section shall be due on the tenth day of the month after collection. Each probate judge shall pay said monies to the Board no later than said due date and shall submit with said monies a sworn statement of the number and nature of transactions for which said monies are required to be paid and the amount due. Said sworn statement shall be on a form furnished to each probate judge by the Board.
(2) Monies not paid when due shall bear interest at the rate of seven percent per annum.

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(3) Monies not paid within 60 days of the date they are due shall be delinquent. There shall be imposed on delinquent funds a specific penalty in the amount of five percent of the principal amount delinquent per month for each month such monies remain delinquent; but such specific penalty shall not exceed twenty-five percent. Such specific penalty shall be in addition to the seven percent per annum interest charged on overdue monies. All funds due on or before July 10, 1980, shall be delinquent 60 days after said date.
(4) For failure to file the written report of transactions and amount due when due, there shall be imposed a specific penalty in the amount of $5.00 for each month said report remains overdue; but such specific penalty shall not exceed $50.00 for failure to file any one report.
(5) By affirmative vote of all the members, the Board, upon the payment of all overdue funds and interest and for good cause shown, may waive the specific penalties provided by paragraphs (3) and (4) of this subsection."
Section 2. Said Act is further amended by designating the unnumbered paragraphs of Section 16 as subsections (a) and (b) and by striking the following:
"secretary-treasurer",
wherever the same appears and inserting in lieu thereof the following:
"Board",
and by striking the following:
"first day of each month thereafter or at such time as the board mav provide",
and inserting in lieu thereof the following:
"tenth day of the month after collection",

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GENERAL ACTS AND RESOLUTIONS, VOL. I

and by inserting a new subsection (c) to read as follows:
"(c) (1) All monies required to be paid to the Board by this Section shall be due on the tenth day of the month after collection. Each probate judge shall pay said monies to the Board no later than said due date and shall submit with said monies a sworn statement of the number and nature of transactions for which said monies are required to be paid and the amount due. Said sworn statement shall be on a form furnished to each probate judge by the Board.
(2) Monies not paid when due shall bear interest at the rate of seven percent per annum.
(3) Monies not paid within 60 days of the date they are due shall be delinquent. There shall be imposed on delinquent funds a specific penalty in the amount of five percent of the principal amount delinquent per month for each month such monies remain delinquent; but such specific penalty shall not exceed twenty-five percent. Such specific penalty shall be in addition to the seven percent per annum interest charged on overdue monies. All funds due on or before July 10, 1980, shall be delinquent 60 days after said date.
(4) For failure to file the written report of transactions and amount due when due, there shall be imposed a specific penalty in the amount of $5.00 for each month said report remains overdue; but such specific penalty shall not exceed $50.00 for failure to file any one report.
(5) By affirmative vote of all the members, the Board, upon the payment of all overdue funds and interest and for good cause shown, may waive the specific penalties provided by paragraphs (3) and (4) of this subsection.",
so that when so amended said section shall read as follows:
"Section 16. (a) In all criminal and quasi-criminal cases for violating state statutes or traffic laws before any judge of the probate court in this State wherein a fine, which shall be construed to include cost, is collected, or wherein a bond, which shall be construed to include cost, is forfeited, a sum based upon the scale set

GEORGIA LAWS 1980 SESSION

1351

out hereinafter for each case shall be paid to the Board on the tenth day of the month after collection by the judge of the probate court, person, or authority collecting the same. Such sums shall be paid upon the following scale:

For any fine or bond forfeiture of more than $4.00, but not more

than $25.00

$

1.00

For any fine or bond forfeiture of more than $25.00, but not

more than $50.00

$

1.50

For any fine or bond forfeiture of more than $50.00, but not

more than $100.00

$

2.00

For any fine or bond forfeiture of more than $ 100.00 $

2.50.

(b) The sum provided for shall be paid to the Board before the payment of any cost or any claims whatsoever against such fine or forfeiture. It is hereby made the duty of the judge of the probate court, person, or authority collecting the said money to keep accurate records of the amount due the Board so that the same may be audited or inspected at any time by any representative of the Board by direction of the Board. Sums remitted to the Board under this section shall be used as provided for elsewhere in this Act.

(c) (1) All monies required to be paid to the Board by this Section shall be due on the tenth day of the month after collection. Each probate judge shall pay said monies to the Board no later than said due date and shall submit with said monies a sworn statement of the number and nature of transactions for which said monies are required to be paid and the amount due. Said sworn statement shall be on a form furnished to each probate judge by the Board.

(2) Monies not paid when due shall bear interest at the rate of seven percent per annum.

(3) Monies not paid within 60 days of the date they are due shall be delinquent. There shall be imposed on delinquent funds a specific penalty in the amount of five percent of the principal amount delinquent per month for each month such

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GENERAL ACTS AND RESOLUTIONS, VOL. I

monies remain delinquent; but such specific penalty shall not exceed twenty-five percent. Such specific penalty shall be in addition to the seven percent per annum interest charged on overdue monies. All funds due on or before July 10, 1980, shall be delinquent 60 days after said date.
(4) For failure to file the written report of transactions and amount due when due, there shall be imposed a specific penalty in the amount of $5.00 for each month said report remains overdue; but such specific penalty shall not exceed $50.00 for failure to file any one report.
(5) By affirmative vote of all the members, the Board, upon the payment of all overdue funds and interest and for good cause shown, may waive the specific penalties provided by paragraphs (3) and (4) of this subsection."

Section 3. This Act shall become effective on July 1, 1980.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved April 1, 1980.

URBAN REDEVELOPMENT LAW AMENDED.
No. 1322 (Senate Bill No. 515).
AN ACT
To amend an Act known as the Urban Redevelopment Law, approved March 3, 1955 (Ga. Laws 1955, p. 354), as amended, particularly by an Act approved February 26, 1970 (Ga. Laws 1970, p. 115), so as to remove the interest rates on bonds issued by a municipality; to provide that bonds may be sold to an institution insured by an agency of the federal government at not less than par

GEORGIA LAWS 1980 SESSION

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at private sale; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act known as the Urban Redevelopment Law, approved March 3, 1955 (Ga. Laws 1955, p. 354), as amended, particularly by an Act approved February 26, 1970 (Ga. Laws 1970, p. 115), is hereby amended by striking Section 10 in its entirety and inserting in lieu thereof a new Section 10 to read as follows:
"Section 10. Issuance of bonds, (a) A municipality shall have power to issue bonds from time to time in its discretion to finance the undertaking of any urban redevelopment project under this Act, including, without limiting the generality thereof, the payment of principal and interest upon any advances for surveys and plans for urban redevelopment projects, and shall also have power to issue refunding bonds for the payment or retirement of such bonds previously issued by it. Such bonds shall be made payable, as to both principal and interest, solely from the income, proceeds, revenues, and funds of the municipality derived from or held in connection with its undertaking and carrying out of urban redevelopment projects under this Act: Provided, however, that payment of such bonds, both as to principal and interest, may be further secured by a pledge of any loan, grant or contribution from the Federal Government or other source, in aid of any urban redevelopment projects of the municipality under this Act, and by a mortgage of any such urban redevelopment projects, or any part thereof, title to which is in the municipality.
(b) Bonds issued under this section shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction, and shall not be subject to the provisions of any other law or charter relating to the authorization, issuance or sale of bonds. Bonds issued under the provisions of this Act are declared to be issued for an essential public and governmental purpose and, together with interest thereon and income therefrom, shall be exempted from all taxes.
(c) Bonds issued under this section shall be authorized by resolution or ordinance of the local governing body and may be issued

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GENERAL ACTS AND RESOLUTIONS, VOL. I

in one or more series and shall bear such date or dates, be payable upon demand or mature at such time or times, bear interest at such rate or rates, be in such denomination or denominations, be in such form either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable in such medium of payment, at such place or places, and be subject to such terms of redemption (with or without premium), be secured in such manner, and have such other characteristics, as may be provided by such resolution or trust indenture or mortgage issued pursuant thereto.
(d) Such bonds may be sold at not less than par at public sales held after notice published prior to such sale in a newspaper having a general circulation in the area of operation and in such other medium of publication as the municipality may determine or may be exchanged for other bonds on the basis of par: Provided, that such bonds may be sold to the Federal Government or to an institution insured by an agency of the Federal Government at private sale at not less than par, and, in the event less than all of the authorized principal amount of such bonds is sold to the Federal Government or to an institution insured by an agency of the Federal Government, the balance may be sold at private sale at not less than par at an interest cost to the municipality of not to exceed the interest cost to the municipality of the portion of the bonds sold to the Federal Government or to an institution insured by an agency of the Federal Government.
(e) In case any of the public officials of the municipality whose signatures appear on any bonds or coupons issued under this Act shall cease to be such officials before the delivery of such bonds, such signatures shall, nevertheless, be valid and sufficient for all purposes, the same as if such officials had remained in office until such delivery. Any provision of any law to the contrary notwithstanding, any bonds issued pursuant to this Act shall be fully negotiable.
(f) In any suit, action, or proceeding involving the validity or enforceability of any bond issued under this Act or the security therefor, any such bond reciting in substance that it has been issued by the municipality in connection with an urban redevelopment project, as herein defined, shall be conclusively deemed to have been issued for such purpose and such project shall be conclusively

GEORGIA LAWS 1980 SESSION

1355

deemed to have been planned, located and carried out in accordance with the provisions of this Act.
(g) Any urban redevelopment agency or housing authority, which a municipality shall have elected to have powers under Section 15 hereof, may also issue bonds as provided in this Section 10 in the same manner as a municipality, except that such bonds shall be authorized and the terms and conditions thereof prescribed by the commissioners of such urban redevelopment agency or housing authority, in lieu of the local governing body."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved April 1, 1980.

BOARDS OF PILOTAGE COMMISSIONERS ACT AMENDED--NUMBER OF PILOTS FOR PORT OF SAVANNAH.
No. 1323 (Senate Bill No. 522).
AN ACT
To amend an Act relating to boards of pilotage commissioners and the regulation of pilots and pilotage, approved March 8, 1945 (Ga. Laws 1945, p. 279), so as to increase the number of pilots the Board of Pilotage Commissioners for the port of Savannah is authorized to license; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

Section 1. An Act relating to boards of pilotage commissioners and the regulation of pilots and pilotage, approved March 8, 1945 (Ga. Laws 1945, p. 279), is hereby amended by striking from the third sentence of Section 4 the word "eleven" in its entirety and inserting in lieu thereof the word "fifteen'', so that Section 4 when so amended shall read as follows:
"Section 4. The Commissioners at each of the ports of this State are entitled to license during good behavior such citizens of the United States of good character as they shall think fit to act as pilots in conducting vessels inward to and outward from the several ports and rivers for which they shall be licensed. Any pilot who is now licensed shall continue to act under his present license until said license is revoked or he is suspended or he is retired as herein provided. No additions shall be made to the present number of licensed pilots until the number shall not exceed fifteen for the Dort of Savannah, three for the port of Doboy and Darien, five from the port of Brunswick, two for the Great Satilla River and two for the port of St. Mary's. Thereafter when vacancies occur, the Commissioners for the port at which the vacancy occurs may grant licenses as pilots until the number of licensed pilots reach the number allowed by this section for that port or river. No person other than a duly licensed pilot shall be entitled to receive any fee, gratuity or reward for conducting or piloting any vessels inward or outward from anv of the ports, rivers or harbors for which pilots mav be licensed under the terms of this Act. If any persons having no authority or license to act as pilot or who, having had such authority, has had it suspended or revoked, shall pilot or conduct any vessel inward to or outward from any of the ports, rivers, or harbors of this State and anv person who interferes with or disturbs a licensed pilot in the performance of his duty, shall be guilty of a misdemeanor, provided, however, that any person may assist a vessel in distress which has no pilot on board if such person shall deliver up the vessel to the first licensed pilot who comes on board and offers to conduct it."
Section 2. This Act shall become effective upon its approval bv the Governor or upon its becoming law without his approval.

GEORGIA LAWS 1980 SESSION

1357

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved April 1, 1980.

GEORGIA AUCTIONEERS COMMISSION - TERMINATION DATE.
Code Chapter 84-3A Amended.
No. 1324 (Senate Bill No. 567).
AN ACT
To amend Code Chapter 84-3A, relating to regulation and licensure of auctioneers, as amended, so as to continue the Georgia Auctioneers Commission and the laws relating thereto until July 1, 1984; to provide for the termination of such board and the repeal of the laws relating thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Chapter 84-3A, relating to the regulation and licensure of auctioneers, as amended, is hereby amended by adding at the end of Section 84-305A a new subsection (f) to read as follows:
"(f) Pursuant to Section 9 of `The Act Providing for the Review, Continuation, Reestablishment or Termination of Regulatory Agencies,' approved March 24, 1977 (Ga. Laws 1977, p. 961), as now or hereafter amended, the Georgia Auctioneers Commission and the laws relating thereto are hereby continued until July 1, 1984, at which time the board shall be terminated. Upon its termination, the board shall continue in existence until July 1 of the next succeeding year for the purpose of concluding its affairs and activities. During

1358

GENERAL ACTS AND RESOLUTIONS, VOL. I

that termination period, the powers or authority of the board shall not be reduced or otherwise limited. The laws relative to the board shall be continued in effect for the duration of the termination period only for the purpose of concluding its affairs. As of the last day of the termination period, the laws relative to the board shall stand repealed in their entirety. During the termination period, the board shall not issue any new licenses nor renew any licenses nor collect any license fees which were not due and payable prior to the date of termination of the board."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved April 1, 1980.

LIABILITY INSURANCE FOR MEMBERS OF THE ORGANIZED MILITIA.
No. 1325 (Senate Bill No. 570).
AN ACT
To amend an Act providing for programs of liability insurance or contracts of indemnity for State agencies, approved March 30, 1977 (Ga. Laws 1977, p. 1051), as amended, so as to provide that such programs may be extended to certain members of the organized militia; to provide the procedures connected therewith; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing for programs of liability insurance or contracts of indemnity for State agencies, approved March 30,

GEORGIA LAWS 1980 SESSION

1359

1977 (Ga. Laws 1977, p. 1051), as amended, is hereby amended by adding between Sections 1 and 2 a new Section 1A to read as follows:
"Section 1A. Members of the organized militia who are serving on State active duty upon orders of the Governor may be provided protection against personal liability for damages sustained by third parties and arising out of the performance of such member's duties while serving on State active duty. At the option of The Adjutant General, members of the organized militia who are performing their duties in connection with domestic action projects may also be provided protection against personal liability for damages sustained by third parties arising out of the performance of such member's duties. The Commissioner shall prescribe the terms and conditions under which such personnel may be covered by any liability insurance policy or contract of indemnity or other like or similar programs administered by the Commissioner pursuant to the provisions of this Act to provide such protection."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved April 1, 1980.

CRIMINAL PROCEDURE^; APPEAL BONDS. Code Section 27-901 Amended. No. 1327 (Senate Bill No. 588). AN ACT
To amend Code Section 27-901 relating to before whom offenses are bailable, as amended, by an Act approved April 13, 1973 (Ga.

1360

GENERAL ACTS AND RESOLUTIONS, VOL. I

Laws 1973, p. 454), so as to provide the time when appeal bonds shall terminate; to provide when such bonds shall be effective where a petition or application has been filed; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 27-901, relating to before whom offenses are bailable, as amended by an Act approved April 13, 1973 (Ga. Laws 1973, p. 454), is hereby amended by adding at the end a new sentence to read as follows:
"Appeal bonds shall terminate when the right of appeal terminates and such bonds shall not be effective as to any petition or application for writ of certiorari unless the court where the petition or application is filed so specifies."
so that when so amended said section shall read as follows:
"27-901. Before whom offenses are bailable. When person charged with misdemeanor may be bailed. The offenses of rape, armed robbery, aircraft hijacking, treason, murder, and perjury, and offenses of giving, selling, offering for sale, bartering, or exchanging of any narcotic drug are bailable only before a judge of the superior court; and this is, in every case, a matter of sound discretion. All other offenses are bailable by the commitment court. At no time, either before the commitment court, when indicted, after a motion for a new trial is made, or while an appeal is pending, shall any person charged with a misdemeanor be refused bail. Appeal bonds shall terminate when the right of appeal terminates and such bonds shall not be effective as to any petition or application for writ of certiorari unless the court where the petition or application is filed so specifies."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved April 1, 1980.

GEORGIA LAWS 1980 SESSION

1361

TRIAL JUDGES AND SOLICITORS RETIREMENT FUND ACT AMENDED.
No. 1330 (House Rill No. 279).
AN ACT
To amend an Act known as the "Trial Judges and Solicitors Retirement Fund Act," approved March 11, 1968 (Ga. Laws 1968, p. 259), as amended, so as to provide for a declaration of purpose; to provide for definitions; to provide for a Board of Trustees and its members; to provide for ex officio members on the Board of Trustees for the purpose of administering said Fund; to change the provisions relative to membership in the said Fund; to provide for employer and employee contributions and a basis therefor; to provide that employer contributions shall be payable from State funds appropriated or available for the operation of the superior courts; to provide for the submission of certain reports and affidavits; to provide for the collection and payment of employee contributions; to provide credit for prior service under certain conditions; to provide for retirement and disability benefits and the requirements associated therewith; to provide when the employer and employee contributions required by this Act shall begin; to provide for the withdrawal of certain funds; to provide for spouses' benefits; to provide for the procedures connected with the foregoing; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia;
Section 1. An Act known as the "Trial Judges and Solicitors Retirement Fund Act," approved March 11, 1968 (Ga. Laws 1968, p. 259), as amended, is hereby amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1, to read as follows:
"Section 1. This Act shall be known and may be cited as the `Trial Judges and Solicitors Retirement Fund Act.'
The General Assembly hereby recognizes that it is in the public interest to encourage the best, most experienced attorneys to serve as judges of the juvenile courts and as judges and solicitors of the

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inferior courts of this State. The General Assembly recognizes that a majority of these experienced attorneys will be forty to fifty years of age at the time they assume office. Recognizing the fact that such persons are older and more experienced than the average government employee at the time of first assuming office, the General Assembly is providing for a shorter period of actual service in order to qualify for benefits under the provisions of this Act. It is, therefore, the purpose of this Act to reward those citizens of Georgia for their actual service as members of the judicial branch of State government."
Section 2. Said Act is further amended by striking subsection (e) of Section 2 in its entirety and inserting in lieu thereof a new subsection (e), to read as follows:
"(e) `Creditable service'means
(1) service performed as a contributing member of the Fund after June 30, 1968, while a solicitor general or judge or solicitor of an inferior court; and
(2) service performed prior to June 30, 1968, as judge or solicitor of an inferior court when employer and employee contributions for such prior service are paid into said Fund as provided for in this Act; and
(3) service performed as a contributing member of the Fund after June 30, 1972, while a juvenile court judge.
Section 3. Said Act is further amended by adding at the end of Section 2 a new subsection (g) to read as follows:
"(g) `Average annual compensation' means the average annual compensation of a member during the five years immediately preceding his retirement, except that any increase in compensation during such five-year period which exceeds an annual increase in compensation of 20 percent shall not be counted in determining average annual compensation."
Section 4. Said Act is further amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3, to read as follows:

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"Section 3. (a) There is hereby created the Trial Judges and Solicitors Retirement Fund which shall be administered by the Board of Trustees of the Employees' Retirement System of Georgia; provided, however, that only for the purpose of administering said Fund, one State court judge, one State court solicitor and one juvenile court judge shall be ex officio members of the Board of Trustees of the Employees' Retirement System and shall be elected as hereinafter provided.
(b) (1) The ex officio member who shall be a juvenile court judge shall be elected annually by the Georgia Council of Juvenile Court Judges. The first such juvenile court judge shall be elected at the regular June, 1980, meeting of the Georgia Council of Juvenile Court Judges, and the term of office as an ex officio member on said Board shall begin on July 1, 1980, and expire on June 30, 1981. Subsequent members shall be elected or reelected annually thereafter at the annual meeting of such Council and shall take office on July 1 following their election.
(2) The ex officio members who shall be a State court judge and a State court solicitor shall be elected annually by the State Trial Judges and Solicitors Association. The first such State court judge and State court solicitor shall be elected at the regular meeting of the State Trial Judges and Solicitors Association in June, 1980, and their terms of office as ex officio members on said Board shall begin July 1, 1980, and expire on June 30, 1981. Subsequent members shall be elected or reelected annually thereafter at the annual meeting of such Association, and they shall take office on July 1 following their election."
Section 5. Said Act is further amended by adding at the end of Section 8 a new subsection (f) to read as follows:
1 "(f) For the purposes of this section, a judge or solicitor of an inferior court means a person elected or appointed to such office for a specific term, and any person acting as a judge or solicitor of an inferior court on a temporary basis or serving as judge or solicitor pro tern, of an inferior court shall not be eligible for membership in the retirement system created by this Act. Any district attorney who also serves as solicitor of an inferior court shall not be eligible for membership in the retirement system created by this Act. No juvenile court judge who also serves as a judge or solicitor of an inferior

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court shall be eligible to obtain separate service under this Act for each position held, and such service shall be combined for the purposes of this Act. Any person holding two such positions shall make employee contributions under this Act on the basis of the compensation received for both such positions, and the compensation received for both such positions shall be combined for all purposes under this Act."
Section 6. Said Act is further amended by striking Section 12 in its entirety and inserting in lieu thereof a new Section 12, to read as follows:
"Section 12. The basis for employer and employee contributions to said Fund with respect to judges and solicitors of inferior courts shall be the actual compensation received as judge or solicitor of an inferior court whether such compensation is received in the form of a salary paid by the governmental units paying the costs of the operation of such courts or received in the form of fees paid to said solicitors; provided, however, that if such compensation exceeds the State salary paid to superior court judges, as now or hereafter fixed by law, the basis for such employer and employee contributions shall be the same as the State salary paid to judges of the superior courts."
Section 7. Said Act is further amended by striking Section 13 in its entirety and inserting in lieu thereof a new Section 13, to read as follows:
"Section 13. (a) Solicitors of inferior courts who are members of said Fund and who are on a fee system shall submit a report by the fifth day of each calendar month, to a person to be designated by the governing authorities of the governmental units paying the costs of the operation of such courts, setting forth the fees received for the previous calendar month, and shall pay, at the time said report is submitted, to said person so designated, as his employee contribution to said Fund, an amount equal to seven and one-half percent of the fees received, as detailed in said report. It shall be the duty of solicitors of inferior courts who are on a fee system to submit the report and pay the employee contributions provided for in this subsection, and the Board is hereby authorized to promulgate any rules and regulations, including rules and regulations providing for cancellation of membership in said Fund, that might be necessary or desirable to insure compliance with this subsection.

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(b) The persons designated by the governing authorities to receive the reports and employee contributions provided for in subsection (a) of this Section shall forward such reports and contributions to the Board by not later than the fifteenth day of each calendar month. A duplicate copy of such reports, certified as true and correct by such persons so designated, shall be forwarded to the Fiscal Division of the Department of Administrative Services at the same time in order for the Fiscal Division of the Department of Administrative Services to determine and pay employer contributions as provided in subsection (c) of this Section.
(c) From funds appropriated or otherwise available tor the operation of superior courts, the Fiscal Division of the Department of Administrative Services is hereby authorized and directed to pay into the Trial fudges and Solicitors Retirement Fund monthly employer contributions, including contributions to fund any creditable service authorized by this Act, such amount to be determined bv the Fiscal Division of the Department of Administrative Services on the basis of the duplicate reports submitted to the Fiscal Division of the Department of Administrative Services as provided in subsection (b) of this Section, and which, together with employee contributions and the earnings of the Fund, shall be an amount sufficient to fund the service and disability retirement benefits provided for by this Act."
Section 8. Said Act is further amended by striking Section 14 in its entirety and inserting in lieu thereof a new Section 14, to read as follows:
"Section 14. (a) The employee contributions with respect to judges and solicitors of inferior courts who are compensated by salaries paid by the governmental units paying the costs of the operation of said courts shall be seven and one-half percent of the amount of such salaries. The amount of such salaries shall be reported to the Board, with a duplicate copy certified as true and correct directed to the Fiscal Division of the Department of Administrative Services, bv not later than the fifteenth day of each calendar month by a person to be designated by the governing authorities of such governmental units. The governing authorities of such governmental units are hereby authorized and directed to deduct said employee contributions from the salaries of said judges and solicitors and to pay the same into the Trial Judges and Solicitors Retirement Fund, said pay-

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ment of such employee contributions to be forwarded to the Board at the same time the report of the salaries of said judges and solicitors is forwarded. The deduction from the salaries payable to such judges and solicitors of inferior courts shall be made notwithstanding that such salaries fixed by law for such judges and solicitors shall be reduced thereby. Such judges and solicitors shall be deemed to consent and agree to the deductions made, and payment of such salaries, less such deductions, shall be a full and complete discharge of all claims and demands whatsoever for the services rendered by such judges and solicitors during the period covered by such payment.
(b) From funds appropriated or otherwise available for the operation of superior courts, the Fiscal Division of the Department of Administrative Services is hereby authorized and directed to pay into the Trial Judges and Solicitors Retirement Fund monthly employer contributions, including contributions to fund any creditable service authorized by this Act, such amount to be determined by the Fiscal Division of the Department of Administrative Services on the basis of the duplicate reports submitted to the Fiscal Division of the Department of Administrative Services as provided in subsection (a) of this Section, and which, together with employee contributions and the earnings of the Fund, shall be an amount sufficient to fund the service and disability retirement benefits provided for by this Act."
Section 9. Said Act is further amended by striking Section 15 in its entirety and inserting in lieu thereof a new Section 15, to read as follows:
"Section 15. It shall be the duty of the governing authorities of the governmental units affected by this Act to designate responsible persons to submit the reports and forward the employee contributions as provided in Sections 13 and 14 of this Act, and it shall be the duty of the persons so designated to comply with the provisions of Sections 13 and 14 of this Act. If the reports and employee contributions are not forwarded to the Board, with a duplicate copy of the reports directed to the Fiscal Division of the Department of Administrative Services, in accordance with the provisions of Sections 13 and 14 of this Act, the Fiscal Division of the Department of Administrative Services is hereby authorized to withhold any State payments payable to any governmental units failing to forward such

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reports and employee contributions until such time as such reports and contributions have been received."
Section 10. Said Act is further amended by striking Section 16 in its entirety and inserting in lieu thereof a new Section 16, to read as follows:
"Section 16. (a) Judges and solicitors of inferior courts may receive credit in said Fund for service as judges and solicitors of inferior courts prior to June 30, 1968, by the payment, by such judge or solicitor, of employer and employee contributions into the Fund for such prior service. Judges of the juvenile courts may receive credit in said Fund for service as judges of the juvenile courts prior to July 1, 1972, by the payment, by such judge, of employer and employee contributions into the Fund for such prior service. Said contributions for such prior service may be paid into said Fund at a rate not to exceed payment for one year's prior service for each year as a contributing member of said Fund, except as otherwise provided in subsections (c) and (d) of this Section. The basis for employer and employee contributions to said Fund for receiving any credit for prior service shall be the compensation received by such judge or solicitor or juvenile court judge applying for prior service at the time such application is submitted.
(b) The governmental units paying the costs of the operation of said courts are hereby authorized, but not required, to pay any part or all employer contributions for such prior service, and said governmental units are hereby authorized to expend public funds for such purpose as a part of the costs of operation of such courts. The payment of employer contributions for any such prior service shall not be paid from State funds in any case. The Board may accept payment into the Fund, at the rate herein specified, of the necessary amount for any such prior service up to the total amount for all actual prior service. Credit for prior service gained in accordance with the provisions of this Act shall be creditable service for determining eligibility for retirement, but retirement benefits shall be determined in accordance with the provisions of Sections 18 and 19 of this Act.
(c) In the event a contributing member who is eligible for credit for prior service has reached retirement age, or early retirement age, as provided in Sections 18 and 19 of this Act, but does not have the

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minimum creditable service for retirement, as provided in said Sections, such member may, at his election, pay into said Fund, at any time after becoming a contributing member, employee and employer contributions for all actual prior service in order to qualify for a monthly retirement benefit.
(d) In the event a contributing member who is eligible for credit for prior service ceases to hold a position or office covered by said Fund, such member may elect to pay into said Fund employee and employer contributions for all actual prior service in order to qualify for a monthly retirement benefit upon reaching retirement age or early retirement age; provided, however, such member shall be required to make the election within thirty days after ceasing to hold a position or office covered by said Fund whether or not he will pay into said Fund said employee and employer contributions for such prior service authorized by this Act, and said member shall be required to make the necessary payments into said Fund for employee and employer contributions for such prior service within six months after ceasing to hold a position or office covered by said Fund. In the event such member fails to make such election within said thirty days or in the event such member fails to make the necessary payments into the Fund within said six months, such member shall cease to be a member of said Fund and may withdraw the total sum with interest which he has paid into the Fund, but he shall not be eligible at any time after such withdrawal to become a member of said Fund.
(e) No prior service shall be creditable under the provisions of this Section or any other provision of this Act if the same service is obtained as creditable service under any other publicly supported retirement or pension system of this State. No service as a contributing member of this retirement system shall be allowed as creditable service under any other publicly supported retirement or pension system of this State."
Section 11. Said Act is further amended by striking Sections 18, 19 and 20 in their entirety and inserting in lieu thereof new Sections 18,19 and 20, to read as follows:
"Section 18. (a) Except as otherwise provided herein, any member who has attained the age of seventy years who fails to retire effective on the first day of the calendar month next succeeding that

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in which he attains the age of seventy years shall forfeit his right to receive any retirement or disability benefits under the provisions of this Act. Notwithstanding the foregoing provisions of this subsection, a member who held office as a juvenile court judge or as a judge or solicitor of the inferior courts on July 1, 1980, shall not be required to retire, regardless of his age, according to the provisions of this subsection.
(b) The maximum retirement benefits shall be based on twentytwo years of creditable service and the attainment of age sixty-five. After completing such years of service and upon attaining age sixtyfive, a member shall be entitled to retire and receive a monthly retirement benefit. Said monthly retirement benefit shall be an equal monthly installment of an annual retirement benefit computed on the basis of three percent of the member's average annual compensation, multiplied by his total number of years of creditable service, not to exceed 22 years.
(c) After obtaining 22 years of creditable service, a member shall continue to make employee contributions as required by this Act, but the maximum retirement benefit shall be based on 22 years of creditable service. In the event a member continues in service after obtaining 22 years of creditable service, his average annual compensation shall be computed on the basis of increases in compensation received after obtaining such 22 years of creditable service, subject to the requirements and limitations of subsection (g) of Section 2 of this Act.
Section 19. (a) In lieu of retirement at the maximum benefits as provided by subsection (b) of Section 18 of this Act, a member may retire at any time after attaining age sixty and after obtaining a minimum of ten years of creditable service, and the monthly retirement benefit for such early retirement shall be computed on the same basis as retirement benefits are computed under subsection (b) of Section 18 of this Act based on the number of years of creditable service obtained at the time of retirement.
(b) A member may retire pursuant to subsection (b) of Section 18 of this Act or pursuant to subsection (a) of this Section by making written application to the Board of Trustees setting forth at what time, not less than thirty days nor more than ninety days subsequent to the filing of such application, he desires to be retired.

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Section 20. (a) After obtaining a minimum of ten years of creditable service, any member, regardless of his age, who shall become totally and permanently disabled to the extent that he is unable to perform the duties of his office shall be entitled to receive a disability retirement benefit. The monthly disability retirement benefit shall be calculated in the same manner as a service retirement benefit under subsection (b) of Section 18 of this Act, except that such disabled member shall be entitled to receive a minimum disability retirement benefit which shall be equal to one-half of the maximum retirement benefit provided by subsection (b) of Section 18 of this Act after 22 years' creditable service.
(b) After obtaining a minimum of four years of creditable service, any member, regardless of age, who shall become totally and permanently disabled as a result of an act of external violence incurred in or as a result of the performance of the member's official duties, to the extent that the member is unable to perform the duties of his office, shall be entitled to receive a disability retirement benefit. The monthly disability retirement benefit shall be calculated in the same manner as a service retirement benefit under subsection (b) of Section 18 of this Act, except that such disabled member shall be entitled to receive a minimum disability retirement benefit which shall be equal to one-half of the maximum retirement benefit provided by subsection (b) of Section 18 of this Act after 22 years' creditable service.
(c) The disability of any member applying for disability retirement benefits and the continuation of such disability shall be determined by the Board in the same manner and under the same procedure as disability of State employees is determined in accordance with the applicable provisions of the Act establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. Laws 1949, p. 138), as now or hereafter amended. Disability retirement benefits shall become payable within 30 days after such disability is determined by the Board as herein provided."
Section 12. Said Act is further amended by striking Section 22 in its entirety and inserting in lieu thereof a new Section 22, to read as follows:
"Section 22. Except as otherwise provided in subsection (d) of Section 16, if a member ceases to hold office as a juvenile court

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judge or a judge or solicitor of the inferior courts, he may withdraw the total sum, with interest, at the rate of six percent per annum, which he has paid into the Fund, but he shall not be eligible at any time after such withdrawal to become a member of the Fund, unless such member shall at a later date hold office as a juvenile court judge or a judge or solicitor of the inferior courts, in which event he shall be reinstated into the Fund in the same manner as if he had never before been a member of the Fund. Any such reinstated member shall have the privilege of reestablishing any prior creditable service by making reimbursement of the amount withdrawn plus interest within sixty days of the certification of such amount by the Board of Trustees."
Section 13. Said Act is further amended by adding a new Section 22A between Sections 22 and 23, to read as follows:
"Section 22A. (a) Except as otherwise provided by subsection (e) of this Section, a member of the Fund shall pay an employee contribution, in addition to the employee contribution required by subsection (a) of Section 13 and subsection (a) of Section 14 of this Act, of two and one-half percent of the salary paid to such member for spouses' benefits as provided hereinafter. The governing authority of each county shall be authorized to deduct monthly the employee contributions required herein for spouses' benefits.
(b) If a member subject to this Section, who has attained a minimum of ten years of creditable service, dies, the surviving spouse of such member shall be entitled to receive for life or until the remarriage of such surviving spouse a monthly sum equal to fifty percent of the retirement benefit which the member was receiving at the time of his death, if retired at such time, or which would have been payable to the member had he retired as of the date of his death or, if the member had not attained age sixty at the time of his death, fifty percent of the retirement benefit the member would have received had he lived and retired at age sixty.
(c) Any juvenile court judge or judge or solicitor of the inferior courts becoming a member of the Fund pursuant to Section 8 of this Act, who does not reject spouses' benefits as provided by subsection (e) hereof shall pay to the Board, by not later than December 31, 1980, employee contributipns at the rate specified by subsection (a) of this Section, plus interest thereon at the rate of six percent per

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annum, for all years of service as a juvenile court judge or judge or solicitor of the inferior courts on the basis of the salary paid to him at the time the service was rendered.
(d) Any member of the Fund who rejects spouses' benefits coverage, or who ceases such coverage pursuant to subsection (j) of this Section, because such member was unmarried at the time of such rejection or because such member's spouse died or because such member ceased to be married shall have the option to elect spouses' benefits within sixty days after becoming married or remarried, as the case may be. Any member so electing must make the necessary contributions for spouses' benefits coverage for a total of at least ten years in order for such member's spouse to qualify for the spouses' benefits provided for by this Section.
(e) A member of the Fund shall have the right to reject the spouses' benefits provided by this Section by notifying the Board, in writing, of such rejection on a form to be supplied by the Board. Any juvenile court judge or judge or solicitor of the inferior courts as of the effective date of this Act, wishing to reject such benefits, shall notify the Board of such rejection by December 31, 1980. Any juvenile court judge or judge or solicitor of the inferior courts wishing to reject such benefits who subsequently becomes a member of the Fund shall notify the Board of such rejection within sixty days after becoming a member of the Fund.
(f) It shall be the duty of the Board to notify juvenile court judges and judges and solicitors of the inferior courts who are subject to the provisions of this Act of the requirements of this Section.
(g) Should there not be a surviving spouse of a member covered by this Section or if a member not covered by this Section should die before retirement, the amount of accumulated contributions made by such member, with interest thereon, shall be paid to his surviving spouse, if any, or to the living person, if any, nominated bv written designation of the member dulv executed and filed with the Board of Trustees, otherwise to the member's estate.
(h) This Section shall not be construed to require the payment of the additional employee contribution of two and one-half percent for service as a juvenile court judge or judge or solicitor of the inferior courts rendered prior to December 31, 1980, except for

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those judges and solicitors subject to the provisions of subsection (c) of this Section.
(i) When a member elects to obtain spouses' benefits as provided herein and such member attains twenty-two years of creditable service for regular retirement pursuant to subsection (b) of Section 18 of this Act, such member shall continue to make employee contributions required herein for spouses' benefits until such time as such member attains twenty-two years of creditable service for the purpose of spouses' benefits.
(j) If the spouse of a member dies or if a member ceases to be married, then such member who has elected to obtain spouses' benefits pursuant to this Section may cease making the employee contributions for spouses' benefits required herein. Such member shall notify the Board of Trustees in writing to cease deducting such employee contributions within sixty days after the date of the death of the spouse or after the date the member ceases to be married, and upon such notification, no further deductions shall be made. When a member ceases to make such employee contributions as provided herein, there shall be no return of such contributions previously made by such member; provided, however, that if such member shall at a later date again become married, in which event all prior credit or employee contributions under this Section may be reinstated and the member making same shall have the privilege of reestablishing any prior creditable service by establishing eligibility of the new spouse as provided in this Section and giving proper notice to the Board of Trustees of his desire to reinstate same, paying all contributions which would have been due and payable under the provisions of this Section during the interim period between marriages, with proper interest thereon, and making all future payments as herein provided."
Section 14. Said Act is further amended by adding a new Section 23A between Sections 23 and 24, to read as follows:
"Section 23A. Any judge or solicitor of an inferior court, while receiving retirement pay, shall not be eligible for election or appointment to any other office in this State and may not engage in the private practice of law while receiving retirement pay unless he was authorized to engage in the private practice of law while first actively serving as such judge or solicitor."

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Section 15. This Act shall be effective for administrative purposes on July 1, 1980. For all other purposes, this Act shall become effective on December 31, 1980.
Section 16. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved April 1, 1980.

PARENT AND CHILD - PATERNITY SUITS, ETC.
Code Title 74 Amended.
No. 1331 (House Bill No. 390).
AN ACT
To amend Code Title 74, relating to parent and child, as amended, so as to enact a new Code Chapter 74-3; to provide a civil procedure for the determination of paternity; to provide the jurisdiction of proceedings to determine paternity; to provide for jurisdiction over nonresidents; to provide for venue; to provide who may bring such actions; to provide that the child shall be made a party to such actions; to provide for pretrial proceedings; to provide for blood tests in disputed paternity actions; to provide for evidence to be presented at trial; to provide that such actions shall be civil in nature; to provide for settlement; to provide for a decree of paternity; to establish the effect of a decree of paternity; to provide for payment of costs; to provide for an order of support; to provide for enforcement of the duty of support; to provide all hearings may be confidential; to amend Code Chapter 74-99, relating to crimes involving parent and child, so as to change provisions relative to blood tests in abandonment cases; to provide for other matters relative to the foregoing; to state legislative intent; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia:
Section I. Code Title 74, relating to parent and child, as amended, is hereby amended by adding a new Code Chapter 74-3 to read as follows:
"CHAPTER 74-3 Determination of Paternity
74-301. Jurisdiction. The superior and state courts of the several counties shall have concurrent jurisdiction in all proceedings for the determination of paternity of children who are residents of this state. The state courts shall have such concurrent jurisdiction notwithstanding any contrary provision of local law.
74-302. Service outside state, (a) In a proceeding under this chapter, the court, pursuant to the `Georgia Civil Practice Act,' may order service upon a person outside the state upon a finding that there is a constitutionally permissible basis for jurisdiction over such person arising out of the fact that the child was conceived as a result of an act of sexual intercourse within this state while either parent was a resident of this state and the person on whom service is required is the alleged father of the child.
74-303. Venue. The suit shall be brought in the county where the alleged father resides; except that if the alleged father is not a resident of this state, the suit shall be brought where the child resides.
74-304. Petition, (a) A petition to establish the paternity of a child may be brought by:
(1) The child;
(2) The mother of the child;
(3) Any relative in whose care the child has been placed;
(4) The Department of Human Resources in the name of and for the benefit of a child for whom public assistance is received or in the name of and for the benefit of a child not the recipient of public services whose custodian has applied for services for the child; or

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(5) One who is alleged to be the father.
(b) Regardless of its terms, an agreement, other than an agreement approved by the court in accordance with this chapter, between an alleged or presumed father and the mother or child does not bar a petition under this section.
(c) If a petition under this chapter is brought before the birth of the child, all proceedings shall be stayed until after the birth, except service of process, discovery, and the taking of depositions.
74-305. Parties, (a) The child shall be made a party to the action. If he is a minor, he shall be represented by a guardian ad litem appointed by the court. Neither the child's mother or alleged or presumed father may represent the child as guardian ad litem.
(b) The natural mother shall be made a party or if not subject to the jurisdiction of the court shall be given notice in a manner prescribed by the court and an opportunity to be heard.
74-306. Pretrial proceedings. As soon as practicable after an action has been brought the court upon motion of the plaintiff, the defendant, or any other interested party, may order the mother, the alleged father, and the child to submit to any blood tests, including human leucocyte antigen (HLA) testing if available, which have been developed or established for purposes of disproving or proving parentage and which are reasonably accessible. If the court orders such blood tests and if the action is brought prior to the birth of the child, the court shall order the blood tests made as soon as medically feasible after the birth. The tests shall be performed by a duly qualified licensed practicing physician, duly qualified immunologist, or other qualified person. The court may, upon motion by a party, order that independent tests be performed by other experts qualified as examiners of blood types. In all cases, however, the court shall determine the number and qualifications of the experts. An order issued under this subsection is enforceable by contempt; except that if the petitioner refuses to submit to an order for a blood test, the court upon motion of the defendant may dismiss the suit.
74-307. Evidence at trial, (a) Results of medical tests ordered by the court are admissible as other expert testimony.

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(b) Evidence of a refusal to submit to a blood test or other ordered medical or anthropological test is admissible to show that the alleged father is not precluded from being the father of the child.
(c) An expert's opinion concerning the time of conception is admissible as other expert testimony.
(d) Testimony relating to sexual access to the mother by any person on or about the probable time of conception of the child is admissible in evidence.
(e) Other relevant evidence shall be admitted as is appropriate.
74-308. Civil action. Any proceeding brought under this chapter is a civil action governed by the rules of civil procedure. The mother of the child and the alleged father are competent to testify and may be compelled to appear and testify.
74-309. Settlement. The child must be a party to a settlement agreement with the alleged father. The court must approve any settlement agreement, dismissal, or nonsuit.
74-310. Decree; jury, (a) On a finding that the alleged father is the father of the child, the court shall issue an order designating the alleged father as the father of the child. The sole effect of such order shall be to establish the duty of the father to support the child.
(b) Oh a finding that the alleged father is not the father of the child, the court shall issue an order declaring this finding.
(c) Where the issue of parentage is to be decided by a jury, where the results of those blood tests and comparisons are not shown to be inconsistent with the results of any other blood tests and comparisons, and where the results of those blood tests and comparisons indicate that the alleged parent cannot be the natural parent of the child, the jury shall be instructed that if they believe that the witness presenting the results testified truthfully as to those results and if they believe that the tests and comparisons were conducted properly, then it will be their duty to decide that the alleged parent is not the natural parent.
44

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74-311. Costs. The court may order reasonable fees of counsel, experts, and the child's guardian ad litem, and other costs of the action and pretrial proceedings, including blood and other tests, to be paid by the parties in proportions and at times determined by the court.
74-312. Order of support, (a) The decree or order may contain any other provision concerning the duty to support by periodic or lump sum payments, visitation privileges with the child, or any other matter in the best interest of the child.
74-313. Enforcement and modification of orders, (a) The court may order support payments made to the mother or other interested party, the child support receiver, district attorney, probation officer, or the clerk of court; except in those cases where the action has been brought by the Department of Human Resources on behalf of a child, the support payment shall be made to the Department of Human Resources for distribution or to the child support receiver if the Department of Human Resources so requests.
(b) The same remedies and procedure shall apply for enforcement and modification of visitation and support orders as apply to enforcement and modification of such orders arising from divorce proceedings.
74-314. Confidentiality of hearings. Upon motion of any party, any hearing or trial held under this chapter may be held in closed court without admittance of any person other than those necessary to the action or proceeding."
Section 2. Code Chapter 74-99, relating to crimes involving parent and child, is hereby amended by striking in its entirety Section 74-9902 and inserting in its place a new section to read as follows:
"74-9902. Abandonment of child, (a) If any father or mother shall willfully and voluntarily abandon his or her child, either legitimate or illegitimate, leaving it in a dependent condition, he or she, as the case may be, shall be guilty of a misdemeanor: Provided, however, if any father or mother shall willfully and voluntarily abandon his or her child, either legitimate or illegitimate, leaving it in a dependent condition, and shall leave this State, or if any father

GEORGIA LAWS 1980 SESSION

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or mother shall willfully and voluntarily abandon his or her child, either legitimate or illegitimate, leaving it in a dependent condition, after leaving this State, he or she, as the case may be, shall be guilty of a felony and shall, upon conviction, be imprisoned in the penitentiary for not less than one nor more than three years, which shall be reducible to a misdemeanor. The wife and husband shall be competent witnesses, in such cases to testify for or against the other. The mother and the alleged father of the child, either legitimate or illegitimate, shall be competent witnesses in such cases to testify for or against each other, notwithstanding the fact that such testimony may relate to adultery by either the mother or the father which may have resulted in the conception of the child. A child thus abandoned by the father or mother shall be considered to be in a dependent condition when the father or mother charged with the offense does not furnish sufficient food, clothing or shelter for the needs of the child. The offense of abandonment shall be and is hereby declared to be a continuing offense. Former acquittal or conviction of said offense shall not be a bar to further prosecution therefor under this section, if it shall be made to appear that said child was in a dependent condition as defined herein for a period of 30 days prior to the commencement of prosecution.
(b) Provided, however, that any person, upon conviction of the third offense for violating the provisions of this section, shall be guilty of a felony and shall, upon conviction thereof, be imprisoned in the penitentiary for not less than one nor more than three years, which felony shall not be reducible to a misdemeanor by any judge presiding at the trial as provided in section 27-2501.
(c) Provided, however, if during the trial of any person charged with the offense defined in this section, such person contends that he or she is not the father or mother, as the case may be, of the child alleged to have been abandoned, the trial judge shall charge the jury that if its verdict is for the acquittal of such person, and that its reason for so finding is that such person is not the father or mother of the child alleged to have been abandoned, that its verdict shall so state, or if the person charged with the offense defined in this section is tried before the court without the intervention of the jury and the court renders a verdict of acquittal based on the contention of such person that he or she is not the father or mother, as the case may be, of the child alleged to have been abandoned, the trial judge shall so state this fact in his verdict of acquittal. In the event the verdict of

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the jury or the court shall be for acquittal of such person, and its reason for so doing is that such person is not the father or mother of the child alleged to have been abandoned, such person cannot thereafter again be tried for the offense of abandoning said child, and said verdict shall be a bar to all civil ;and criminal proceedings attempting to compel such person to support said child.
(d) In prosecutions under this section, when the child is illegitimate, and the accused father is convicted, the accused father shall be required by the court to pay the reasonable medical expenses paid by or incurred on behalf of the mother due to the birth of the child.
(e) The accused father and the mother of the illegitimate child may enter into a written agreement providing for future support of the child by regular periodic payments to the mother until such child reaches age 18 years, marries, or becomes self-supporting; provided, however, such agreement shall not be binding on either party until it has been approved by the court having jurisdiction to try pending cause.
(f) Upon the trial of the accused father under this section, it shall be no defense that the accused father has never supported the child.
(g) In prosecutions under this section, when the child is illegitimate, the venue of the offense shall be in the county in which the child and the mother are domiciled at the time of the swearing out of the arrest warrant, but if the child and the mother are domiciled in different counties, venue shall be in the county in which the child is domiciled.
(h) In the trial of any abandonment proceeding in which the question of parentage arises, regardless of any presumptions with respect to parentage, the accused father may request a paternity blood test and agree and arrange to pay for same; and in such cases the court before which the matter may be brought, upon pretrial motion of the defendant, shall order that the alleged parent, the known natural parent, and the child submit to any blood tests and comparisons which have been developed and adapted for purposes of establishing or disproving parentage and which are reasonably accessible to the alleged parent, the known natural parent, and the

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child. The results of those blood tests and comparisons, including the statistical likelihood of the alleged parent's parentage, if available, shall be admitted in evidence when offered by a duly qualified, licensed practicing physician, duly qualified immunologist, duly qualified geneticist, or other duly qualified person. Upon receipt of a motion and the entry of an order under the provisions of this subsection, the court shall proceed as follows:
(1) Where the issue of parentage is to be decided by a jury, where the results of those blood tests and comparisons are not shown to be inconsistent with the results of any other blood tests and comparisons, and where the results of those blood tests and comparisons indicate that the alleged parent cannot be the natural parent of the child, the iury shall be instructed that if they believe that the witness presenting the results testified truthfully as to those results and if thev believe that the tests and comparisons were conducted properly, then it will be their duty to decide that the alleged parent is not the natural parent.
(2) The court shall require the defendant requesting the blood tests and comparisons pursuant to this subsection to be initially responsible for any of the expenses thereof. Upon the entry of a verdict incorporating a finding of parentage or nonparentage, the court shall tax the expenses for blood tests and comparisons, in addition to any fees for expert witnesses whose testimonies supported the admissibility thereof, as costs."
Section 3. The provisions of this Act and the remedy provided herein are intended to be in addition to and cumulative of all other existing laws related to paternity, child support, or other subjects covered herein; and this Act shall not be construed to limit the operation of or repeal any such existing law.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved April 1. 1980.

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CRIMINAL PROCEDURE - RESTITUTION.
Code Title 27 Amended.
No. 1332 (House Bill No. 523).
AN ACT
To amend Code Title 27, relating to criminal procedure, as amended, so as to add a new Code Chapter 27-30 relating to restitution; to declare policy; to define terms; to authorize judges to require restitution by adult offenders; to authorize the juvenile courts to order restitution and to retain or transfer jurisdiction in connection therewith; to authorize the State Board of Pardons and Paroles to order restitution; to authorize the Department of Offender Rehabilitation to order restitution; to provide for consideration of past restitution; to provide for voluntary restitution plans; to provide for required findings; to deal with the amount of restitution and factors considered in fixing said amount; to provide for modification of restitution orders; to provide for enforcement of restitution orders and the manner of payment of same; to provide that existing powers shall not be limited; to prohibit peonage or denial of benefits because of poverty; to provide for other matters relative to the foregoing; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:

Section 1. Code Title 27, relating to criminal procedure, as amended, is hereby amended by adding a new Code Chapter 27-30 to read as follows:
"CHAPTER 27-30
RESTITUTION
27-3001. Policy. It is hereby declared to be the policy of this State that restitution by those found guilty of crimes to their victims is a primary concern of the criminal justice system.

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27-3002. Definitions. For the purposes of this Chapter, the following terms shall have the meanings herein ascribed to them unless the context clearly requires otherwise:
(a) The term `Board' shall mean the State Board of Pardons and Paroles.
(b) The term `Department' shall mean the Department of Offender Rehabilitation.
(c) The term `damages' shall mean all damages which a victim could recover against an offender in a civil action, including a wrongful death action, based on the same act or acts for which the offender is sentenced, except punitive damages and damages for pain and suffering, mental anguish, or loss of consortium.
(d) The term `offender' shall mean any natural person placed on probation under the First Offender Act, sentenced for any crime or any juvenile adjudged delinquent or unruly.
(e) The term `ordering authority' shall mean the court of competent jurisdiction, the State Board of Pardons and Paroles, or the Department of Offender Rehabilitation, or any combination thereof, as is required by the context.
(f) The term `relief' shall mean any suspended or probated sentence including probation imposed under the First Offender Act, any parole or other conditional release from incarceration, the awarding of earned time, the reduction in security status or the placement in prison rehabilitation programs, included, but not limited to, those in which the offender receives monetary compensation.
(g) The term `restitution' shall mean any property or lump sum of periodic payment ordered to be made by any offender to any victim by any ordering authority. Where the victim is a public corporation or governmental entity, or where the offender is a juvenile, restitution may also be in the form of services ordered to be performed by the offender.
(h) The term `restitution order' shall mean any order, decree, or judgment of an ordering authority which requires an offender to

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make restitution as a condition or term of any relief granted to an offender.
(i) The term `victim' shall mean any natural person or his personal representative, or any firm, co-partnership, association, public or private corporation, or governmental entity suffering damages caused by an offender's unlawful act.
27-3003. Adults. The judge of any court of competent jurisdiction may order that an adult offender make restitution as a condition of any relief ordered by the court. The State Board of Pardons and Paroles may order that an adult offender make restitution as a condition of any relief ordered by the Board. The Department of Offender Rehabilitation may order that an adult offender make restitution as a condition of any relief ordered by the Department.
27-3004. Pardons and Paroles. Notwithstanding any provision of Code Section 77-525 to the contrary, the State Board of Pardons and Paroles may grant parole prior to the completion of one-third of the sentence if restitution is to be ordered as a condition of the parole.
27-3005. Juveniles, (a) The juvenile courts are expressly directed to consider the strong policy of this State in favor of restitution but are not required to place the goal of restitution by juveniles above the goal of rehabilitation or treatment of delinquent or unruly juveniles. It is, however, declared to be the policy of this State to recognize that the goal of restitution is consistent with the goal of rehabilitation of delinquent or unruly juveniles and to seek to provide restitution in such cases.
(b) The juvenile courts are expressly authorized to order restitution as a condition or limitation of the probation of delinquent or unruly juveniles in the same manner as authorized by this Chapter for adult offenders.
(c) The juvenile courts are authorized to retain jurisdiction over a juvenile subject to a restitution order for a reasonable period after the majority of such a juvenile for purposes of ensuring compliance with the order.

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(d) As an alternative to subsection (c), the juvenile courts are authorized to transfer to the superior courts, and the superior courts are authorized to accept, jurisdiction over enforcement of restitution orders against juveniles who have, since entry of the order, attained majority.
27-3006. Past restitution considered. Where an offender has made total or partial restitution to a victim, the ordering authority shall consider the fact of such restitution in considering any case within its power.
27-3007. Voluntary restitution plans. Any offender may offer a restitution plan to the ordering authority. If a plan is offered, it shall be the duty of the ordering authority to consider the factors stated in Section 27-3010, and to make such plan part of a restitution order if acceptable to the ordering authority.
27-3008. Required findings, (a) In deciding any case subject to this Chapter, the ordering authority shall, before granting any relief, make a written finding either:
(1) That there are no victims to whom restitution should be made under the policy of this State; or
(2) That the circumstances of the case are such that no restitution order or plan is reasonably possible; or
(3) That the offender, in cooperation with the ordering authority, has developed and consented to a plan of restitution which shall be made a part of a restitution order; or
(4) That restitution will be ordered as a condition of the relief.
(b) The failure to make a finding as required by this Section, however, shall not invalidate any order or other action of the ordering authority.
27-3009. Restitution not to exceed damages. The amount of restitution ordered may be equal to or less than, but not more than, the victim's damages.
27-3010. Factors considered. In determining the nature and amount of restitution, the ordering authority shall consider:

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(a) The present financial condition of the offender and his dependents;
(b) The probable future earning capacity of the offender and his dependents;
(c) The amount of damages;
(d) The goal of restitution to the victim and the goal of rehabilitation of the offender;
(e) Any restitution previously made;
(f) The period of time during which the restitution order will be in effect;
(g) Other appropriate factors as the ordering authority shall deem to be appropriate.
27-3011. Civil Actions. An order for restitution shall not bar any civil action against the offender, but any payments made by an offender to a victim under an order for restitution may be set off against any judgment awarded to the victim in a civil action based on the same facts for which restitution was ordered. The fact of restitution or a restitution order under this Chapter shall not be placed before the jury on the issue of liability. If the amount of restitution made is in dispute and liability is established, the court shall order further appropriate proceedings to determine the amount of set-off.
27-3012. Modification. The ordering authority shall retain jurisdiction to modify a restitution order at any time before the expiration of the relief ordered.
27-3013. Enforcement, (a) A restitution order shall be enforceable as a civil judgment by execution.
(b) If an offender willfully refuses to comply with a restitution order, the order, in the discretion of the court, may be enforced by attachment for contempt upon the application of the district attorney or the victim.

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(c) Failure to comply with a restitution order may be, in the discretion of the ordering authority, grounds to revoke or cancel the relief at any time the restitution order is in effect. Where the relief is earned time, the Department of Offender Rehabilitation may suspend the offender from earning earned time for a specified period of time.
27-3014. Payments. Payments pursuant to an order for restitution shall be made to the clerk of court, or to any other person, for the benefit of the victim or victims, as the ordering authority shall order.
27-3015. Existing powers. This Chapter shall not be construed to limit or abrogate any existing power of any court or agency or board to place other conditions, limits, terms, rules, or regulations on any relief in the nature of suspension of sentence, probation, parole, pardon, or restoration of rights.
27-3016. Peonage; denial of benefits because of poverty.
(a) Nothing in this Chapter shall authorize peonage, and this Chapter shall be construed and diligently administered to prevent peonage.
(b) No offender shall be denied any benefit, relief, or privilege to which he might otherwise be entitled or eligible solely because he is financially unable and cannot become financially able to make restitution."
Section 2. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved April 1, 1980.

CRIMINAL PROCEDURE - DISCOVERY.
Code Chapter 27-13 Amended.
No. 1333 (House Bill No. 672).
AN ACT
To amend Code Chapter 27-13, relating to call of the docket in criminal cases, so as to provide for discovery in criminal cases of statements made by defendants while in police custody and of scientific reports; to provide for procedure in relation thereto; to provide for an exclusionary rule; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Chapter 27-13, relating to call of the docket in criminal cases, is hereby amended by adding at the end of the Chapter title the following:
"and discovery",
so that said Chapter title when so amended shall read as follows:
"Chapter 27-13. Call of the docket and discovery."
Section 2. Said Code Chapter is further amended by adding, following Section 27-1301, new Sections 27-1302 and 27-1303 to read as follows:

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"27-1302. Discovery of defendant's statements, (a) The defendant shall be entitled to have a copy of any statement at least 10 days prior to the trial of the case given by him while in police custody. The defendant may make this request, in writing within any reasonable period of time prior to trial.
(b) If the defendant's statement is oral or partially oral, the prosecution shall furnish in writing all relevant and material portions of the defendant's statement.
(c) Failure of the prosecution to comply with a defendant's timely written request for a copy of his statement, whether written or oral, shall result in such statement being excluded and suppressed from the prosecution's use in its case-in-chief or in rebuttal.
(d) If the defendant's statement is oral, no relevant and material (incriminating or inculpatory) portion of such statement of the defendant may be used against the defendant unless it has been previously furnished to the defendant if a timely written request for a copy of such statement has been made by the defendant.
(e) The provisions of this section shall not apply to newly discovered evidence. Such evidence shall be produced as soon as possible after it has been discovered.
27-1303. Discovery of scientific reports, (a) In all criminal trials, felony and misdemeanor, the defendant shall be entitled to have a complete copy of any written scientific reports in the possession of the prosecution which will be introduced in whole or in part against the defendant by the prosecution in its case-in-chief or in rebuttal. This request for a copy of any written scientific reports shall be made by the defendant in writing at arraignment or within any reasonable time prior to trial. It shall be within the sound discretion of the trial judge to determine in each case what constitutes a reasonable time prior to trial if such written request is not made at arraignment. If the scientific report is in the possession of or available to the District Attorney, he must comply with this section at least 10 days prior to the trial of the case.
(b) Failure by the prosecution to furnish the defendant with a copy of any written scientific report when a proper and timely written demand has been made by the defendant shall result in such

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report being excluded and suppressed from evidence in the prosecution's case-in-chief or in rebuttal.
(c) Written scientific reports shall include but not be limited to: reports from the Georgia State Crime Laboratory; autopsy reports by the coroner of a county or a private pathologist; blood alcohol test results done by a law enforcement agency or a private physician; and similar type reports that would be used as scientific evidence by the prosecution in its case-in-chief or in rebuttal against the defendant."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved April 1, 1980.

PUBLIC REVENUE CODE AMENDED.
Code Title 91A Amended.
No. 1334 (House Bill No. 1140).
AN ACT
To amend Code Section 91A-1328, relating to the duties of tax collectors, so as to delete the population limitation of the provision making it unnecessary to issue receipts for payment of any tax or license fee by certain instruments so that said provision shall apply within all counties of the State; to amend Code Chapter 91 A-19, relating to ad valorem taxation of motor vehicles and mobile homes, so as to change the provisions relating to driver educational motor vehicles and the exemption from taxation relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 91A-1328, relating to the duties of tax collectors, is hereby amended by striking from subsection (b) thereof the following:
"With respect to counties having a population of not less than 400,000 and not more than 500,000, according to the census, the",
and inserting in lieu thereof the word "The", so that when so amended said subsection (b) shall read as follows:
"(b) The tax collector or tax commissioner, and his agents, servants, and employees, shall not be obligated to furnish a written receipt for the payment of any tax or license fee to any taxpayer or person making the payment when the payment is paid by check, money order, or other instrument payable or endorsed to bearer or payee or endorsee, except when the taxpayer or person making such payment on behalf of the taxpayer demands the receipt."
Section 2. Code Chapter 91 A-19, relating to ad valorem taxation of motor vehicles and mobile homes, is hereby amended by striking from subsection (a) of Code Section 91 A-1902 the following:
`"Dual control driver educational motor vehicle' means a motor vehicle which is equipped with two sets of driver controls and",
and inserting in lieu thereof the following:
`"Driver educational motor vehicle' means a motor vehicle",
so that when so amended subsection (a) of Code Section 91 A-1902 shall read as follows:
"(a) `Driver educational motor vehicle' means a motor vehicle which is furnished and assigned to a public school in this State for use by the school in a program of driver education when:
(1) The assignment is authorized and approved by the State Department of Education; and

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(2) An assignment number for identification purposes is issued by the Department of Education at the time of the approval and authorization of the assignment."
Section 3. Said Code Chapter 91 A-19 is further amended by striking from Code Section 91 A-190 3 the following:
"Dual control driver",
and inserting in lieu thereof the following:
"Driver",
so that when so amended said Code Section 91 A-1903 shall read as follows:
"91 A-1903. Exemption from taxation. Driver educational motor vehicles are found and declared to be public property, used exclusively for public purposes, and are exempted from any and all ad valorem taxes imposed by any taxing jurisdiction in this State."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved April 1, 1980.

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INSURANCE CODE AMENDED - CONVERSION
PRIVILEGES OF CERTAIN POLICIES.
Code Title 56 Amended.
No. 1335 (House Bill No. 1251).
AN ACT
To amend Code Title 56, relating to the Georgia Insurance Code, so as to require that certain accident and sickness policies and plans provide conversion privileges for insured former spouses; to provide for other matters relative to the foregoing; to provide for applicability; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Title 56, relating to the Georgia Insurance Code, is hereby amended by adding a new section after Code Section 56-3004, relating to required provisions of accident and sickness insurance policies, to be designated Code Section 563004.1, to read as follows:
"56-3004.1. Conversion privileges for insured former spouse required. (1) No individual policy of accident and sickness insurance offered for sale in this state, other than a policy of credit accident and sickness insurance, which provides coverage for hospital or medical expenses on either an expense incurred basis or other than on an expense incurred basis, which in addition to covering the insured also provides coverage to the spouse of the insured, may contain a provision for termination of coverage for a spouse covered under the policy solely as a result of a break in the marital relationship except by reason of an entry of a valid decree of divorce between the parties.
(2) Every such policy which contains a provision for termination of coverage of the spouse upon divorce shall contain a provision to the effect that, -upon the entry of a valid decree of divorce between the insured parties, the divorced spouse shall be entitled to have issued to him or her, without evidence of insurability, upon application made to the company within 31 days following the

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entry of such decree and upon the payment of the appropriate premium, an individual policy of accident and sickness insurance then being issued by the insurer which provides coverage most nearly similar to the coverage contained in the policy which was terminated by reason of divorce or any other similar individual policy then being issued by the insurer which contains lesser coverage. Any and all probationary or waiting periods set forth in such an individual policy shall be considered as being met to the extent coverage was in force under the prior policy.
(3) The provisions of this section shall also relate to blanket accident and sickness insurance policies and to policies issued by a fraternal benefit society, a hospital service nonprofit corporation, a nonprofit medical service corporation, a nonprofit health care corporation, a health maintenance organization, or any other similar entity."
Section 2. Said Code title is further amended by adding a new section after Code Section 56-3102, relating to required provisions of group accident and sickness policies, to be designated Code Section 56-3102.1, to read as follows:
"56-3102.1. Conversion privileges for insured former spouse required. (1) No group policy of accident and sickness insurance offered for sale in this state, other than a policy of credit accident and sickness insurance, which provides coverage for hospital or medical expenses on either an expense incurred basis or other than on an expense incurred basis, which in addition to covering the insured also provides coverage to the spouse of the insured, may contain a provision for termination of coverage for a spouse covered under the policy solely as a result of a break in the marital relationship except by reason of an entry of a valid decree of divorce between the parties.
(2) Every such policy which contains a provision for termination of coverage of the spouse upon divorce shall contain a provision to the effect that, upon the entry of a valid decree of divorce between the insured parties, the divorced spouse shall be entitled to have issued to him or her, without evidence of insurability, upon application made to the company within 31 days following the entry of such decree and upon the payment of the appropriate premium, an individual policy of accident and sickness insurance then

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being issued by the insurer-which provides coverage most nearly similar to the coverage contained in the policy which was terminated by reason of divorce or any other similar individual policy then being issued by the insurer which contains lesser coverage. Any and all probationary or waiting periods set forth in such an individual policy shall be considered as being met to the extent coverage was in force under the prior policy.
(3) The provisions of this section shall also relate to blanket accident and sickness insurance policies and to policies issued by a fraternal benefit society, a hospital service nonprofit corporation, a nonprofit medical service corporation, a nonprofit health care corporation, a health maintenance organization, or any other similar entity."
Section 3. The provisions of this Act shall apply to insurance policies delivered or issued for delivery in this state on or after July 1,1980.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved April 1, 1980.

AUTHORITY AND POWER OF FIRE DEPARTMENTS.
No. 1336 (House Bill No. 1277).
AN ACT
To provide for the authority and powers of fire departments; to provide for general powers during fires, explosions, or other emergencies; to provide for the authority of counties, municipalities, or other political subdivisions in connection with fire services; to provide for assistance during periods of emergency; to provide for exemptions; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia:
Section 1. Authority of fire departments. Any county, municipality, other political subdivision, or chartered fire department shall have the authority to:
(a) Protect life and property against fire, explosions, hazardous materials, or electrical hazards;
(b) Detect and prevent arson;
(c) Administer and enforce the laws of this state; the rules and regulations adopted by the departments, boards, bureaus, commissions, and agencies of this state; and any ordinances, rules, regulations, or codes adopted by the county, municipality, or other political subdivision of this state that are related to the prevention and suppression of fires, explosions, or injuries from hazardous materials and explosions and the protection of life and property from such hazards;
(d) Conduct programs of public educations in fire prevention and safety;
(e) Conduct emergency medical services and rescue assistance, subject to the provisions of Code Chapter 88-31, relating to ambulance service, as amended, and subject to the approval of the county, municipality, or other political subdivision;
(f) Control and regulate the flow of traffic in areas of existing emergencies, including rail, highway, water, and air traffic; and
(g) Perform all services of a fire department as may be provided by law or which necessarily appertain thereto.
Section 2. General powers of fire service. The fire service in any county, municipality, or other political subdivision shall, in the event of any fire, explosion, or similar emergency, be authorized to:
(a) Enter any property, building, structure, vehicle, watercraft, aircraft, railroad car, or other place for the purpose of fighting such fire, explosion, or similar hazardous conditions or enter any such place which is, in the opinion of the chief officer of such fire depart-

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ment or his designee, endangered by fire, explosion, or similar hazardous condition;
(b) Cut any wires, electrical or otherwise, or turn off any utility which shall be deemed necessary to preserve life or property;
(c) Prevent the blocking of any public or private street, road or alley, way or driveway, or emergency lane during any such emergency and to remove any vehicles or other obstructions necessary;
(d) Confiscate supplies, chemicals, or equipment necessary for such emergency;
(e) Make any necessary tests; and
(f) Evacuate any building or area necessary.
Section 3. Authority of counties, municipalities, or other political subdivisions of the State of Georgia. The governing body of each county, municipality, or other political subdivision of the state shall have the power to enact such ordinances, regulations, or fire and life safety codes as may be necessary to carry out the provisions of this Act.
Section 4. Assistance during periods of emergency. Any fire department may provide such assistance to any agency or officer of the United States, or of this state or any political subdivision or authority thereof, as may be needed to respond to any emergency or disaster, including, but not limited to, floods, sabotage, civil disturbance, fire, earthquake, wind, storm, wave action, oil spill or other water contamination, epidemic, air contamination, blight, drought, infestation, explosion, riot, or energy emergency as defined by the "Georgia Civil Defense Act of 1951," approved Februarv 19. 1951 (Ga. Laws 1951, p. 224), as amended, or hazardous materials as defined bv the "Transportation of Hazardous Materials Act." approved April 12, 1979 (Ga. Laws 1979, p. 789), as amended.
Section 5. Nothing within this Act shall be construed so as to permit a county or other fire department to operate within the limits of a municipality except by written or oral contract with the municipality. Nothing within this Act shall be construed so as to permit a municipal fire department to operate in the unincorporated area of a county except by written or oral contract with the county.

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Section 6. Exceptions. The provisions of this Act shall not affect the duties, powers, or responsibilities of the Safety Fire Commissioner, the State Fire Marshal, the Department of Agriculture, the Department of Natural Resources, the Department of Transportation, the Department of Public Defense, or the Department of Human Resources presently existing or as may hereafter be provided by the laws of this state.
Section 7. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved April 1, 1980.

REAL ESTATE BROKERS AND SALESMEN.
Code Chapter 84-14 Amended.
No. 1337 (House Bill No. 1373).
AN ACT
To amend Code Chapter 84-14, relating to real estate brokers and salesmen, as amended, so as to define the term "licensee"; to clarify certain exceptions; to change the requirements relating to licenses on inactive status; to provide that the Commission shall deposit fees it collects into the State treasury and to authorize the Commission to allow a non-State agency to collect all or a portion of an examination fee; to change the qualifications relating to the licensing of corporations and partnerships; to change the qualifications and requirements for obtaining nonresident licenses; to change the responsibilities of a broker when a salesperson or associate broker leaves his employ; to provide that the Commission may consider prior sanctions; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:

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Section 1. Code Chapter 84-14, relating to real estate brokers and salesmen, as amended, is hereby amended by adding after subsection (h) of Code Section 84-1401 a new subsection (i) to read as follows:
"(i) `licensee' shall mean any person who is licensed as a real estate salesperson, associate broker, or broker."
Section 2. Said Code Chapter is further amended by adding at the end of subsection (i) of Code Section 84-1403 the following:
"and who does not receive a fee for such referral from the party being referred",
so that when so amended subsection (i) of Code Section 84-1403 shall read as follows:
"(i) any person acting as a referral agent who is not involved in the actual negotiations, execution of documents, collection of rent, management of property or other related activity which involves more than the mere referral of one person to another and who does not receive a fee for such referral from the party being referred."
Section 3. Said Code Chapter is further amended by striking subsection (e) of Code Section 84-1412 in its entirety, which reads as follows:
"(e) Any real estate salesperson, associate broker, or broker who is temporarily unemployed, or in the case of a sale person or associate broker is temporarily not actively engaged in behalf of a broker, may continue his license by making application therefor immediately upon ceasing work and by submitting a fee of $ 15 together with an application on which he has noted his present `inactive status'. The fee of $15 shall cover all fees due the commission for any period on `inactive status' for up to three years. Any salesperson, associate broker, or broker whose license has been placed in an inactive status may not be permitted to engage in the real estate business. To reinstate a license held on `inactive status', the salesman must secure a broker's signature for whom he wishes to act. On or after January 1, 1977, any licensee who has been inactive for a continuous period of more than three years shall be reinstated only if the licensee shall successfully pass the examination requirements as an original applicant.",

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and substituting in lieu thereof the following:
"(e) Any real estate salesperson, associate broker, or broker who is temporarily unemployed or, in the case of a salesperson or associate broker, is temporarily not actively engaged on behalf of a broker, may continue his license by making application therefor immediately upon ceasing work and by submitting a fee, together with a written request that his license be placed on `inactive status.' The fee shall cover all fees due the Commission for any period of time on `inactive status.' Any licensee whose license has been placed on an `inactive status' may not engage in the real estate brokerage business except in connection with property he owns. To reinstate a license held on `inactive status,' a salesperson or associate broker must secure the signature of the broker for whom he wishes to act. Effective January 1, 1981, any licensee who seeks to activate a license which has been on `inactive status' for a period of two years or longer shall be required to attend one Commission approved six-hour course of study prior to activating an inactive license. The course of study shall be one of the six-hour, nonexamination continuing education courses authorized in subsection (d) of Code Section 84-1411."
Section 4. Said Code Chapter is further amended by striking Code Section 84-1413 in its entirety, which reads as follows:
"84-1413. Fees.--All fees collected under this Chapter shall be deposited by the Joint-Secretary, State Examining Boards, into the State Treasury. Out of the funds thus arising shall be paid the expenses contemplated herein for the administration and enforcement of the provisions of this Chapter. All expenditures authorized by the Commission shall be paid from the funds received under the provisions of this Chapter. The expenses of the Commission and the Office of Real Estate Commissioner must always be kept within the income collected and deposited in accordance with the provisions of this Chapter, and the expense thereof shall not be supported or paid from any other state fund.",
and substituting in lieu thereof the following:
"84-1413. Fees, (a) All fees collected under this Code Chapter shall be deposited by the Commission into the State treasury. Out of the funds thus arising shall be paid the expenses contemplated

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herein for the administration and enforcement of the provisions of this Code Chapter. All expenditures authorized by the Commission shall be paid from the funds received under the provisions of this Code Chapter. The expenses of the Commission and the Office of Real Estate Commissioner must always be kept within the income collected and deposited in accordance with the provisions of this Code Chapter, and the expense thereof shall not be supported or paid from any other State fund.
(b) Notwithstanding any other provisions of Code Chapter 8414, relating to real estate brokers and salesmen, the Georgia Real Estate Commission shall be authorized to allow a non-State agency with which it may contract for examination services to collect a portion or all of an examination fee. Any fees collected by such nonState agency which exceed the actual cost of services for which the Commission has contracted shall be returned to the Commission and deposited by the Commission into the State treasury."
Section 5. Said Code Chapter is further amended by striking Code Section 84-1414 in its entirety, which reads as follows:
"84-1414. On and after July 1, 1975, no broker's license shall be granted to a corporation or partnership unless said corporation or partnership designates a qualifying broker who shall have more than a nominal interest in said corporation or partnership and unless every member or officer of said partnership or corporation who actively participates in the real estate brokerage business and who takes an active part in the management of such partnership or corporation shall have a license as a real estate broker, and every person who acts as a salesman for such partnership or corporation shall hold a license as an associate broker or real estate salesman.",
and substituting in lieu thereof the following:
"84-1414. Corporations and Partnerships. No broker's license shall be granted to a corporation or partnership unless said corporation or partnership designates a qualifying broker who owns more than a nominal interest in said corporation or partnership and every person who acts as a salesperson for such corporation or partnership shall hold a real estate license as an associate broker or salesperson."

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Section 6. Said Code Chapter is further amended by striking Code Section 84-1415 in its entirety, which reads as follows:
"84-1415. Nonresident brokers.--(a) A nonresident of this State who is actively engaged in the real estate business and who maintains a place of business in his resident state and who has been duly licensed in such other state to conduct such business in that state, such state having entered into a reciprocal agreement with the State Real Estate Commission in regard to the issuance of reciprocal licenses, may, in the discretion of the Commission, be issued a nonresident broker's license.
A nonresident salesman who acts in behalf of a broker holding a nonresident broker's license may, in the discretion of the Commission, be issued a nonresident salesman's license under such nonresident broker.
Should such nonresident licensee become a resident of the State of Georgia or desire to maintain a place of business in this State or to act for a broker maintaining a place of business in this State, he must secure a regular resident license in compliance with the statutes and rules governing original resident applicants; provided, that if another state requires a resident of this State to maintain a place of business in such other state, a resident of such other state shall maintain a place of business in this State and need not secure a regular resident license to maintain such place of business in this State.
A nonresident of this State shall meet the same rules and requirements of his resident state in order to obtain a reciprocal license in this State.
(b) Prior to the issuance of a license to a nonresident broker, he shall file with the Commission a designation in writing that appoints the Real Estate Commissioner to act as the licensee's agent, upon whom all judicial and other process or legal notices directed to such licensee may be served. Service upon the agent so designated shall be equivalent to personal service upon the licensee. Copies of such appointment, certified by the Commissioner, shall be deemed sufficient evidence thereof and shall be admitted in evidence with the same force and effect as the original thereof might be admitted. In such written designation, the licensee shall agree that any lawful

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process against the licensee, which is served upon such agent, shall be of the same legal force and validity as if served upon the licensee, and that the authority shall continue in force so long as any liability remains outstanding in this State. Upon the receipt of all such process or notices, the Commissioner shall forthwith mail a copy of the same by certified mail to the last known business address of said licensee.
(c) Prior to the issuance of said license to any nonresident, he must file with the Commission a duly certified copy of the license issued by such nonresident for the conducting of such business in any other state and pay to said Commission the same license fee as herein provided for the obtaining of a broker's or salesman's license in this State.
(d) Nonresident licenses granted under reciprocal agreements, as provided in this Section, shall remain in force, unless suspended or revoked by the Commission for just cause or for failure to pay the renewal fee, and only as long as a reciprocal agreement is in effect between this State and the resident state of the nonresident license.",
and substituting in lieu thereof the following:
"84-1415. Nonresident Licensees and Exemptions, (a) Any nonresident making an original application for a nonresident license after July 1, 1980, must comply with all provisions of this Code Section.
(b) A nonresident of this State may be granted a license upon meeting the age, education, and examination requirements as prescribed by the Commission in its Rules and Regulations and in Code Section 84-1411. The provisions of this subsection shall not apply to nonresident licensees who are licensed on or before July 1, 1980.
(c) A nonresident salesperson's or a nonresident associate broker's license may not be granted to an individual unless that individual is affiliated with a resident or nonresident broker. If a nonresident salesperson or a nonresident associate broker terminates his or her affiliation with a broker licensed by the Commission, the license of such nonresident shall automatically be terminated unless such nonresident affiliates with another broker licensed by the Commission within 14 days. No license shall be issued to any member,

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officer, independent contractor, employee, or partner of a nonresident partnership or corporation until said partnership or corporation qualifies for a broker's license.
(d) At the time of filing an application for examination, a nonresident applicant must cause the licensing body of his resident state or territory to furnish to the Commission a certification of licensure and copies of the records of any disciplinary actions taken against the applicant's license in that or other states.
(e) The imposition of a disciplinary action by any other lawful licensing authority may be ground for denial of a license to a nonresident or for suspension or revocation of a license issued to a nonresident.
(f) Prior to the issuance of a license to a nonresident broker, associate broker, or salesperson, the applicant shall file with the Commission a designation in writing that appoints the Real Estate Commissioner to act as the licensee's agent, upon whom all judicial and other process or legal notices directed to such licensee may be served. Service upon the Real Estate Commissioner shall be equivalent to personal service upon the licensee. Copies of such appointment, certified by the Commissioner, shall be deemed sufficient evidence thereof and shall be admitted in evidence with the same force and effect as the original thereof might be admitted. In such written designation, the licensee shall agree that any lawful process against the licensee which is served upon the Real Estate Commissioner shall be of the same legal force and validity as if served upon the licensee and that the authority shall continue in force so long as any liability remains outstanding in this State. Upon the receipt of any such process or notice, the Commissioner shall forthwith mail a copy of the same by certified mail to the last known business address of said licensee.
(g) The Commission may establish reasonable fees for nonresident licensees, not to exceed an amount twice that charged to resident licensees.
(h) The license; of a resident of this State who removes his residency from this State shall automatically be terminated. In order to conduct brokerage business in this State, such an individual must meet the requirements of this Code Section, except that, if such

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individual applies for a nonresident's license within one year of removing his or her residence from this State, the prelicense educational and examination requirements of Code Section 84-1411 shall be waived.
(j) The Commission may elect to deny the privilege of nonresident licensure of this Code Section to persons from other licensing jurisdictions which do not grant similar rights to residents of Georgia.
(k) Notwithstanding the other provisions of this Code Section, the Commission may elect to enter into other written agreements for nonresident licensure with other licensing authorities or it may elect to enter into other written agreements which permit cobrokerage transactions between licensees; provided that such agreements are mutually advantageous to licensees and consistent with the public policies of this State to protect the public and to promote commerce between and among the states."
Section 7. Said Code Chapter is further amended by striking subsections (b) and (c) of Code Section 84-1418 in their entirety and substituting in lieu thereof new subsections (b) and (c) to read as follows:
"(b) When a salesperson or associate broker leaves a broker for whom he is acting, the broker shall immediately cause the license of said licensee either to be forwarded to the Commission or forwarded to the new broker for whom the licensee will act. If the wall certificate of licensure is forwarded to the new broker for whom the licensee will act, the broker releasing the licensee shall notify the Commission in writing that he has taken that action. The releasing broker shall furnish such other information regarding the termination of said licensee as the Commission may require.
(c) When a salesperson or associate broker transfers from one broker to another, or when an associate broker changes his status to that of a broker, a transfer fee shall be paid to the Commission."
Section 8. Said Code Chapter is further amended by adding after subparagraph 28 of the third undesignated paragraph of Code Section 84-1421 a new undesignated paragraph to read as follows:

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"When a licensee has previously been sanctioned by the Commission or by any other state's real estate brokerage licensing authority, the Commission, through its hearing officers, may consider any such prior sanctions in determining the severity of a new sanction which may be imposed upon a finding of an unfair trade practice or a violation of the Rules and Regulations of the Commission. The failure of a licensee to comply with or to obey a final order of the Commission may be cause for suspension or revocation of the individual's license after a hearing."
Section 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 10. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved April 1, 1980.

GEORGIA CONDOMINIUM ACT AMENDED.
No. 1338 (House Rill No. 1409).
AN ACT
To amend an Act known as the "Georgia Condominium Act," approved April 18, 1975 (Ga. Laws 1975, p. 609), so as to provide a definition of "conversion condominium"; to limit the applicability of local ordinances, regulations, and building codes; to change the provisions relating to the information to be included in the plans and certifications required to be recorded prior to the first conveyance of a condominium unit; to provide for notice to and rights of tenants in the case of conversion condominiums; to add to the items of information to be furnished to a prospective purchaser in the case of conversion condominiums; to change certain provisions relating to required contract text in the case of conversion condominiums; to provide for other matters relative to the foregoing; to provide for application; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Be.it enacted by the General Assembly of Georgia:
Section 1. An Act known as the "Georgia Condominium Act," approved April 18, 1975 (Ga. Laws 1975, p. 609), is hereby amended by adding a new subsection at the end of Section 3 thereof, relating to definitions, to be designated subsection (bb), to read as follows:
"(bb) `Conversion condominium' means a condominium all or part of which may be used for residential purposes containing any building or portion thereof that at any time before recording of the declaration was occupied wholly or partially by persons other than persons who, at the time of such recording, had contractual rights to acquire one or more units within the condominium."
Section 2. Said Act is further amended by striking in its entirety Section 5 thereof, relating to land use, zoning, building, and subdivision laws, which reads as follows:
"Section 5. Land Use, Zoning, Building and Subdivision Laws. No subdivision law, ordinance or regulation shall apply to any subdivision of any convertible space or unit as defined in this Act. Notwithstanding the foregoing provisions of this section, however, nothing contained in this section shall be construed to amend, supersede or invalidate any provision of the Georgia Land Sales Act of 1972, as the same may be amended, nor shall section 28 hereof be construed to override any lawful density requirement imposed by any zoning, building or land use law, ordinance or regulation.",
and substituting in lieu thereof a new Section 5 to read as follows:
"Section 5. Land Use, Zoning, Building and Subdivision Laws. No zoning, subdivision, building code or other real estate use law, ordinance or regulation shall prohibit the condominium form of ownership or impose any requirement upon a condominium which it does not impose upon a physically identical development under a different form of ownership. No subdivision law, ordinance or regulation shall apply to any condominium or to any subdivision of any convertible space or unit. Except as stated above, no provision of this Act invalidates or modifies any; provision of any zoning; subdivision, building code, or other real estate use law, ordinance or regulation, and nothing contained in this section shall be construed

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to amend, supersede or invalidate any provision of the Georgia Land Sales Act of 1972, as the same may be amended, nor shall Section 28 hereof be construed to override any lawful density requirement imposed by any zoning, building or land use law, ordinance or regulation."
Section 3. Said Act is further amended by striking the first two sentences of subsection (b) of Section 20, relating to the information to be included in the plans and certifications required to be recorded prior to the first conveyance of a condominium unit, in their entirety and substituting in lieu thereof the following:
"There shall be recorded prior to the first conveyance of a condominium unit: (1) plans prepared, signed, and sealed by a registered architect or registered engineer of every structure which contains or constitutes all or part of any unit or units located on or within any portion of the submitted property, which plans shall show: (i) the location and dimensions of the exterior walls and roof of such structures; (ii) such walls, partitions, floors, and ceilings as constitute the horizontal boundaries, if any, and the vertical boundaries of each unit (including convertible space) to the extent that such boundaries lie within or coincide with the boundaries of such structures; and (iii) the identifying numbers of all units, or portions thereof, depicted on the plans; and (2) a certification by such architect or engineer to the effect that he has visited the site and viewed the property and that, to the best of his knowledge, information and belief: (i) the exterior walls and roof of each such structure are in place as shown on said plans; and (ii) such walls, partitions, floors and ceilings, to the extent shown on said plans as constitute the horizontal boundaries, if any, and the vertical boundaries of each unit (including convertible space) have been sufficiently constructed so as to clearly establish the physical boundaries of such unit."
Section 4. Said Act is further amended by adding a new section after Section 23 thereof, to be designated Section 23A, to read as follows:
"Section 23A. Conversion Condominiums, (a) The declarant of a conversion condominium shall deliver to each tenant in possession of a unit subject to this Act notice of the conversion at least 120 days before the declarant will require the tenant to vacate the unit. The notice must set forth generally the rights of tenants under this

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section. The tenant may not be required by the declarant to vacate the unit at any time during the 120 day period, except by reason of nonpayment of rent, waste or conduct that disturbs other tenants' peaceful enjoyment of the premises, and the terms of the tenancy may not be altered during said period; provided, however, that any notice which under the terms of such tenancy is required to be given to prevent the automatic renewal or extension of the term of such tenancy may be given during said period. Failure of the declarant to give notice as required by this section shall constitute a defense to an action by the declarant for possession initiated less than 120 days after proper delivery of such a notice.
(b) Within 60 days after delivery of the notice described in subsection (a), the declarant shall deliver to the tenant an offer to convey the unit to the tenant at a specified price and on specified terms. If the tenant fails to deliver to the declarant acceptance of such offer within 60 days after delivery of the offer to the tenant, the declarant may not offer to convey the unit during the 120 days following the date on which delivery is made of the offer to convey to the tenant at a price or on terms more favorable to the offeree than the price or terms offered to the tenant without first delivering the same offer to the tenant who shall have at least ten days within which to deliver to the declarant acceptance of the offer.
(c) Notices and offers required or permitted to be delivered to a tenant by subsections (a) and (b) may be hand delivered to the tenant, hand delivered to the unit or posted in the United States mails, postage prepaid, addressed to the tenant at the address of the unit. Acceptances permitted to be delivered to a declarant by subsection (b) may be hand delivered to the declarant, hand delivered to an authorized representative of the declarant or posted in the United States mails, postage prepaid, addressed to the declarant at the address specified in the offer made by the declarant. Any notices, offers or acceptances sent by registered or certified mail, return receipt requested, shall be presumed conclusively to have been delivered when posted in the United States mails, postage and fees prepaid, addressed as provided hereinabove, in which event the postmark date of any such registered or certified mail or postal receipt related thereto shall be the date of delivery for purposes hereof.
45

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(d) Subsections (a) and (b) shall not apply to any unit in a conversion condominium if the boundaries of the unit do not substantially conform to the boundaries of the unit before conversion. Subsections (a) and (b) shall apply only to tenants not in default under valid and subsisting leases with the declarant or a predecessor in title of the declarant and who are in possession of and actually occupying for residential purposes units within the conversion condominium both at the time of recording of the declaration and at the time the notices provided for in subsection (a) are delivered.
(e) Prior to or simultaneously with delivery of the offer of sale of a unit to a tenant as provided in subsection (b), the declarant shall deliver to the tenant the items required to be furnished to a prospective purchaser by subsection (b) of Section 43 of this Act.
(f) If a declarant conveys a unit to a purchaser in violation of subsection (b), recordation of the deed conveying the unit shall extinguish any right a tenant may have under subsection (b) to purchase the unit but shall not affect any rights of any person to recover damages from the declarant for a violation of subsection (b).
(g) If the notice of conversion should specify a date by which the unit must be vacated, the notice will also constitute demand for possession pursuant to Code Section 61-301.
(h) Nothing in this section permits termination of a lease by a declarant in violation of its terms.
(i) The rights and obligations of the declarant and the tenant during any period of extended occupancy by the tenant pursuant to subsection (a) shall be the same as the rights and obligations of said persons prior to any such period of extended occupancy."
Section 5. Said Act is further amended by adding a new paragraph immediately following the first sentence of subsection (9) of Section 43 (b), relating to disclosure requirements, to be designated paragraph (10), to read as follows:
"(10) If the covered contract applies to a condominium unit which is part of a conversion condominium: a statement by the declarant, based on a report prepared by an independent, registered architect or engineer, describing the present condition of all struc-

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tural components and mechanical and electrical systems, excluding fixtures and appliances within the units, material to the use and enjoyment of the condominium; a statement by the declarant of the expected useful life of each item reported on as provided above or a statement that no representations are made in that regard; and a list of any outstanding notices of uncured violations of building code or other county or municipal regulations, together with the estimated cost of curing those violations."
Section 6. Said Act is further amended by striking in its entirety subsection (c) of Section 43 thereof, relating to disclosure notice in contracts, and substituting in lieu thereof a new subsection (c) to read as follows:
"(c) Any covered contract shall be voidable by the buyer until at least seven days after the seller has furnished to the buyer all of the items required to be so furnished under this Section 43. The provisions of this subsection (c) may not be waived. The contract shall contain within the text, in bold-faced type or capital letters no smaller than the largest type in the text, the following legend:
`THIS CONTRACT IS VOIDABLE BY BUYER UNTIL AT LEAST SEVEN (7) DAYS AFTER ALL OF THE ITEMS REQUIRED UNDER SECTION 43 OF THE GEORGIA CONDOMINIUM ACT TO BE DELIVERED TO BUYER HAVE BEEN RECEIVED BY BUYER. THE ITEMS SO REQUIRED ARE: (1)A FLOOR PLAN OF THE UNIT, (2) THE DECLARATION AND AMENDMENTS THERETO, (3) THE ASSOCIATION'S ARTICLES OF INCORPORATION AND BYLAWS AND AMENDMENTS THERETO, (4) ANY GROUND LEASE, (5) ANY MANAGEMENT CONTRACT HAVING A TERM IN EXCESS OF ONE YEAR, (6) THE ESTIMATED OR ACTUAL BUDGET FOR THE CONDOMINIUM, (7) ANY LEASE OF RECREATIONAL OR OTHER FACILITIES THAT WILL BE USED ONLY BY THE UNIT OWNERS, (8) ANY LEASE OF RECREATIONAL OR OTHER FACILITIES THAT WILL OR MAY BE USED BY THE UNIT OWNERS WITH OTHERS, (9) A STATEMENT SETTING FORTH THE EXTENT OF THE SELLER'S COMMITMENT TO BUILD AND/OR SUBMIT ADDITIONAL UNITS, ADDITIONAL RECREATIONAL OR OTHER FACILITIES, OR ADDITIONAL PROPERTY, and (10) IF THIS CONTRACT APPLIES TO A CONDOMINIUM UNIT WHICH IS PART OF A CONVERSION CON-

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DOMINIUM, A STATEMENT DESCRIBING THE CONDITION OF CERTAIN COMPONENTS AND SYSTEMS, A STATEMENT REGARDING THE EXPECTED USEFUL LIFE OF CERTAIN COMPONENTS AND SYSTEMS, AND CERTAIN INFORMATION REGARDING ANY NOTICES OF VIOLATIONS OF COUNTY OR MUNICIPAL REGULATIONS. A DATED, WRITTEN ACKNOWLEDGEMENT OF RECEIPT OF ALL SAID ITEMS SIGNED BY THE BUYER SHALL BE PRIMA FACIE EVIDENCE OF THE DATE OF DELIVERY OF SAID ITEMS."'
Section 7. Said Act is further amended by adding a new paragraph at the end of subsection (e) of Section 43, relating to required contract provisions, to be designated paragraph (6), to read as follows:
"(6) If the contract applies to a condominium unit which is part of a conversion condominium, the contract shall contain within the text, in bold-faced type or capital letters no smaller than the largest type in the text, the following statement: THIS CONTRACT APPLIES TO A CONDOMINIUM UNIT WHICH IS PART OF A CONVERSION CONDOMINIUM."
Section 8. In the event of any conflict between the provisions of this Act and House Bill 620 of the 1980 regular session of the General Assembly, the provisions of this Act shall supersede the provisions of House Bill 620 to the extent of the conflict.
Section 9. This Act shall become effective on July 1, 1980. The provisions of this Act shall not apply to any condominium created prior to the effective date of this Act or to the expansion of any such condominium.
Section 10. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved April 1, 1980.

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ADEQUATE PROGRAM FOR EDUCATION IN GEORGIA ACT AMENDED - INSTRUCTIONAL MEDIA, ETC.
No. 1339 (House Bill No. 1416).
AN ACT
To amend an Act known as the "Adequate Program for Education in Georgia Act," approved March 26, 1974 (Ga. Laws 1974, p. 1045), particularly by an Act approved April 17, 1975 (Ga. Laws 1975, p. 539) and by an Act approved April 17, 1979 (Ga. Laws 1979, p. 1279), so as to change the provisions relative to instructional media and maintenance and operation so as to change the provisions relative to public school facilities; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act known as the "Adequate Program for Education in Georgia Act," approved March 26, 1974 (Ga. Laws 1974, p. 1045), particularly by an Act approved April 17, 1975 (Ga. Laws 1975, p. 539) and by an Act approved April 17, 1979 (Ga. Laws 1979, p. 1279), is hereby amended by inserting in Section 13 between the figure "5" and the figure "10" the following:
"7,",
so that when so amended Section 13 shall read as follows:
"Section 13. Instructional Media. The amount of funds needed by a local unit of administration during a fiscal year for the maintenance, repair, and purchase of instructional media, including softcovered as well as hard-covered text and library books and consumable as well as nonconsumable supplies, shall be determined by multiplying the number of certificated instructional units allotted to the local unit under Section 5, 7, 10 and 12 of this Act by a sum of money which shall not be less than $500. The State Board of Education shall have the authority to prescribe minimum requirements and standards for the purchase, distribution and use of such instructional media, and for the use of funds allotted under this Section."

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Section 2. Said Act is further amended by inserting in Section 15between the figure"5" and the figure "10" the following:
"7,",
so that when so amended Section 15 shall read as follows:
"Section 15. Amount of Funds Needed for Payment of Maintenance and Operation. The amount of funds needed by a local unit of administration during a fiscal year for maintenance and operation expenses for instructional programs not otherwise provided for in sections 10 through 17 shall be determined by multiplying the number of instructional units allotted to the local unit of administration under provisions of sections 5, 7, 10 and 12 by a sum of money not less than $1,500. The State Board of Education shall define the term `maintenance and operation expenses' and shall have the authority to prescribe minimum requirements and standards for the distribution, use, and expenditure of funds allotted under this section."
Section 3. Said Act is further amended by substituting in Section 48 the date "1980" wherever the date "1979" appears and by substituting in Section 48 the term "five years hence" wherever the term "seven years hence" appears.
Section 4. Said Act is further amended by striking Section 48, subsection (b) in its entirety and substituting in lieu thereof a new Section 48, subsection (b) to read as follows:
"(b) The term `capital facilities,' as used in this Act, shall be deemed to include building, fixtures, and equipment necessary or desirable for the effective and efficient operation of the public schools and all facilities related or incidental thereto, which, without limiting the generality of the foregoing, shall be deemed to include classrooms, libraries, facilities for physical education and fine arts, laboratories, restrooms, equipment rooms, offices, teacher lounges, lunchrooms, assembly rooms, equipment and fixtures therefor, related exterior facilities, equipment, landscaping and paving and such other similar items as the State Board of Education may deem necessary for the effective and efficient operation of public schools. The term `facility improvements,' as used in this Act, shall include, but not necessarily be limited to, capital outlay projects for

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the purpose of constructing, renovating, altering, replacing, enlarging, or consolidating instructional facilities of local units of administration. The term `local unit of administration,' as used in this Section, shall be deemed to include all local units of government which administer public elementary, and secondary schools. The term `annual debt service,' as used in this Act, shall include expenditures for the annual retirement of debt for capital outlay expenditures and shall be deemed to include the interest on the principal as well as the principal of the debt."
Section 5. Said Act is further amended by striking Section 48, subsection (e) in its entirety and substituting in lieu thereof a new Section 48, subsection (e) to read as follows:
"(e) A comprehensive facilities survey of each local unit's capital facilities needs for five years hence shall be completed for each local unit at least once every five years, and in order to receive a grant of State funds under this Act for the purpose of improving capital facilities. Such a survey shall include, but not necessarily be limited to, needs resulting from growth, development patterns, obsolescence, program improvements and expansions, and such other similar conditions as the State Board may, in its discretion, deem necessary for an effective capital facilities improvement program. All comprehensive facilities surveys will be initiated via a local board resolution which states the desirable dates during which the survey will be conducted, suggests the number of teams which will participate in the survey and their assignments, and includes a statement that the local unit will reimburse team members for out-ofpocket expenses for travel, meals and lodging. The local board may, at its discretion, suggest the names of individuals to be assigned to teams. Upon receipt of said resolution, the Georgia Department of Education shall constitute the make-up of the necessary teams, excluding residents and employees of the local unit of administration, employees of Cooperative Education Services Agencies, psycho-educational centers and other similar agencies serving the local unit. All individuals selected by the Department to serve on such teams shall be acceptable to the local unit of administration. Provided, however, that no individual shall be eligible to serve as a member of any local educational facilities survey team unless he can demonstrate that he meets the qualifications established for such purpose by the State Board of Education. The survey teams, using the current facility inventory and the current local facilities plan as

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GENERAL ACTS AND RESOLUTIONS, VOL. I

the starting point, will recommend to the local board of education the capital facility improvements needed by the local unit for the period of five years hence, including a cost estimate for each recommended improvement. A local system shall not be eligible for State grants under this Section or accrue annual entitlements until it has submitted priorities for all recommended facility improvements to the State Board. The State Board of Education, supplied with an assessment of said survey by the State Department of Education, shall have the authority to approve or reject the recommendations of the survey team. The State Board shall adopt procedures for an appeal by a local unit of administration concerning survey recommendations for which definitive evidence exists that said recommendations are not in the best interest of the system's students and for amending the survey to reflect unforeseen changes which have occurred within three years of the completion of the survey. The State Board is authorized to adopt necessary rules and guidelines for the execution of comprehensive facility surveys."
Section 6. Said Act is further amended by striking Section 48, subsection (f) in its entirety and substituting in lieu thereof a new Section 48, subsection (f) to read as follows:
"(f) The State Board of Education shall annually determine the facility needs for each school system for the period five years hence. After June 30, 1980, the State Board shall compute such facility needs by summing the following: (1) the sum of the annual debt service payments on bonds issued either before or after June 30; 1980, excluding payments for postsecondary facilities, athletic facilities and auditoriums, by the local unit of administration for the five-year period adjusted downward by the amount of debt service payments allowed in lieu of annual local required participation as provided for in subsection (g). The five-year period used in this calculation shall be the five-year period covered in the local facilities plan provided for in subsection (d). Annual debt service payments on bonds issued after June 30, 1980, shall be included only for projects meeting criteria for expenditures of State capital outlay funds shall be included in the calculation; and (2) the total improvement needs recommended by the most recent comprehensive facilities survey, adjusted downward for projects financed since the completion of the survey and appropriately adjusted for the current level of construction cost. For a period of time not to exceed June 30, 1983, the State Board of Education shall determine a cost estimate

GEORGIA LAWS 1980 SESSION

1417

of current needs to be used in the absence of the initial facilities survey."
Section 7. Said Act is further amended by striking Section 48, subsection (g) in its entirety and substituting in lieu thereof a new Section 48, subsection (g) to read as follows:
"(g) Each local unit shall have an annual entitlement for capital facility improvement after June 30, 1980, which shall be in addition to any accrued entitlement under subsection (f) from previous years for which State funds have not been received. Any change in the method of determining entitlements in subsequent years shall in no way affect the amount of the previously accrued entitlements. Regulations shall include, but not be limited to, consideration of the ratio of a local system's need to the total State needs as computed in subsection (f). During any fiscal year, a local unit of administration shall not receive any State assistance for capital facilities improvements unless it has dedicated for capital facilities improvements an amount of funds which has been determined by the State Board of Education to reflect the local unit's annual entitlement and its financial ability to participate annually in the facilities improvement program authorized under this Section and which will be derived from sources other than State and federal grants. Each local unit shall expend funds from its State entitlement upon projects approved in the most recent comprehensive facilities survey and only on projects in the order of priority that has been submitted to and approved by the State Board. The State Board is authorized to enter into contracts with local units of administration for allotment and for utilization of State capital facilities funds. Until June 30, 1980, the State Board is authorized to establish priorities for the construction of capital facilities for the purpose of making allotments of State capital outlay funds under the provisions of this Section."
Section 8. Said Act is further amended by striking Section 48, subsection (h) in its entirety and substituting in lieu thereof a new Section 48, subsection (h) to read as follows:
"(h) After June 30, 1980, the State Board of Education shall annually determine the total State entitlement. Each local unit shall be eligible to expend funds from its State entitlement only upon projects approved and in the priority established in the local con-

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GENERAL ACTS AND RESOLUTIONS, VOL. I

struction plan. Based on the total State entitlement, the State Board of Education shall also determine the appropriation needed to fund all eligible projects for which entitlements are sufficient and for which the requirements of subsection (g) have been met, and shall submit this information to the Office of Planning and Budget. Provided, however final entitlements and final allotments to each local system shall be based upon the level of total State entitlement designated by language of the general appropriations act."
Section 9. Said Act is further amended by striking Section 48, subsection (k) in its entirety.
Section 10. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 11. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved April 1, 1980.

INSURANCE tf-tI MEDICARE SUPPLEMENT INSURANCE.
Code Chapter 56-24 Amended.
No. 1340 (House Bill No. 1439).
AN ACT
To amend Code Chapter 56-24, relating to insurance contracts in general, as amended, so as to provide for the definition and regulation of medicare supplement insurance; to provide for rules and regulations; to provide for applicability; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:

GEORGIA LAWS 1980 SESSION

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Section 1. Code Chapter 56-24, relating to insurance contracts in general, as amended, is hereby amended by adding a new Section 56-2446 to read as follows:
"56-2446. Medicare Supplement Policies, (a) `Medicare supplement insurance' means any policy, certificate, subscriber contract, or agreement of any form which supplements or is designed to supplement medicare benefits, and is delivered or issued for delivery in this state on and after November 1, 1980. As used in this section, `medicare benefits' means any benefits received pursuant to the Health Insurance for the Aged Act, Title XVIII of the Social Security Amendment of 1965, as it existed on January 1, 1980. The Commissioner shall adopt rules and regulations prescribing minimum medicare supplement insurance standards, including minimum benefits, waiting periods, exclusions, reductions, preexisting limitations, readability, advertising, and such other requirements as the Commissioner deems necessary for the protection of the citizens of this state. Additionally, the Commissioner shall develop a uniform disclosure statement for use in conjunction with the sale of all medicare supplement insurance sold in this state.
(b) This section shall apply to all insurers authorized to transact insurance business in this state. For the purpose of this section, `insurer' shall mean any insurer authorized to sell accident and sickness policies, subscriber contracts, certificates, or agreements of any form, under Code Chapters 56-17, 56-17A, 56-18, 56-19, 5630, 56-31, or 56-36."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved April 1, 1980.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

COSMETOLOGY, STATE BOARD OF - MEMBERSHIP, TERMINATION DATE, ETC.
No. 1341 (House Bill No. 1451).
AN ACT
To amend an Act regulating the occupation of cosmetology, approved March 11, 1963 (Ga. Laws 1963, p. 45), as amended, particularly by an Act approved March 7, 1966 (Ga. Laws 1966, p. 195) and an Act approved April 18, 1979 (Ga. Laws 1979, p. 1327), so as to designate one board member as a consumer member; to continue the board and the laws relating thereto but to provide for the later termination of the board and the laws relating thereto; to change the authority regarding the appointment of inspectors; to delete certain requirements for curriculum filings; to provide for redesignations; to change the allowances and expenses of the board; to provide for fee refunds; to change the requirements regarding where examinations shall be held; to change certain requirements regarding the payment of expenses out of fees and moneys collected; to change the conditions upon which temporary permits may be issued; to change certain requirements regarding statements of health; to change certain requirements relating to registration of students; to provide for quarterly reports concerning student credits; to change the requirements regarding who may train students and apprentices; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act regulating the occupation of cosmetology, approved March 11, 1963 (Ga. Laws 1963, p. 45), as amended, particularly by an Act approved March 7, 1966 (Ga. Laws 1966, p. 195) and an Act approved April 18, 1979 (Ga. Laws 1979, p. 1327), is hereby amended by designating the first, second, and third paragraphs of Section 4 as subsections (a), (b), and (c), respectively, and by adding at the end of Section 4 a new subsection (d) to read as follows:
"(d) Pursuant to Section 9 of `The Act Providing for the Review, Continuation, Reestablishment or Termination of Regulatory Agencies,' approved March 24, 1977 (Ga. Laws 1977, p. 961), as now or hereafter amended, the Georgia State Board of Cosmetol-

GEORGIA LAWS 1980 SESSION

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ogy and the laws relating thereto are hereby continued until July 1, 1986, at which time the board shall be terminated. Upon its termination, the board shall continue in existence until July 1 of the next succeeding year for the purpose of concluding its affairs and activities. During that termination period, the powers or authority of the board shall not be reduced or otherwise limited. The laws relative to the board shall be continued in effect for the duration of the termination period only for the purpose of concluding its affairs. As of the last day of the termination period, the laws relative to the board shall stand repealed in their entirety. During the termination period, the board shall not issue any new licenses nor renew any licenses nor collect any license fees which were not due and payable prior to the date of termination of the board.",
so that when so amended said Section 4 shall read as follows:
"Section 4. (a) There is hereby created the Georgia State Board of Cosmetology to consist of six members, who shall have been citizens of the United States of America and residents of this state for at least five years immediately prior to their appointment, for the purpose of carrying out and enforcing the provisions of this Act. Members of the board shall be at least 25 years of age, be a high school graduate, and five of such members must have had at least five years of practical experience in a majority of the practices of cosmetology, a portion of which must have been as a salon owner or manager. The board shall meet not more than 90 days per annum for the purpose of holding examinations, adopting rules and regulations and other matters pertaining to duties of said board.
(b) No member of the board shall be affiliated with any school of cosmetology. One member shall not have any connection with the practice or business of cosmetology whatsoever but he shall have a recognized interest in consumer affairs and in consumer protection concerns. No member of the board shall be affiliated or connected in any manner with any manufacturer, wholesale or jobbing house dealing with supplies sold to practitioners of cosmetology while in office. Board members shall be appointed for a term of three years and until their successors are appointed and qualified. Vacancies shall be filled by the Governor for the unexpired portion of the term. Said board may do all the things necessary for carrying into effect the provisions of this Act and may, from time to time, promulgate necessary rules and regulations compatible with the pro-

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GENERAL ACTS AND RESOLUTIONS, VOL. I

visions of this Act. The Governor may remove any board member for cause.
(c) Each year the members shall elect a chairman from among themselves. In the event the members cannot agree as to whom shall be chairman, the Governor shall appoint one of such members as chairman. The chairman so elected or appointed shall be eligible to succeed himself. The members of the board shall be considered public officers and shall take the oath required thereof.
(d) Pursuant to Section 9 of `The Act Providing for the Review, Continuation, Reestablishment or Termination of Regulatory Agencies,' approved March 24, 1977 (Ga. Laws 1977, p. 961), as now or hereafter amended, the Georgia State Board of Cosmetology and the laws relating thereto are hereby continued until July 1, 1986, at which time the board shall be terminated. Upon its termination, the board shall continue in existence until July 1 of the next succeeding year for the purpose of concluding its affairs and activities. During that termination period, the powers or authority of the board shall not be reduced or otherwise limited. The laws relative to the board shall be continued in effect for the duration of the termination period only for the purpose of concluding its affairs. As of the last day of the termination period, the laws relative to the board shall stand repealed in their entirety. During the termination period, the board shall not issue any new licenses nor renew any licenses nor collect any license fees which were not due and payable prior to the date of termination of the board.'
Section 2. Said Act is further amended by striking from subsection (b) of Section 5 the following:
"(b) The Secretary of State of Georgia shall employ eight (8) inspectors, with the approval of the Governor, who shall be employed on a full-time basis and selected subject to the following regulations:",
and inserting in lieu thereof the following:
"(b) The Secretary of State of Georgia shall employ inspectors, with the approval of the Governor, who shall be employed on a fulltime basis and selected subject to the following regulations:".

GEORGIA LAWS 1980 SESSION

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Section 3. Said Act is further amended by striking in its entirety subsection (g) of Section 5, which reads as follows:
"(g) It shall be the duty of each school of cosmetology within this State to semiannually file with the Board a copy of the curriculum that they are teaching at the time of filing. This statement of curriculum must be certified by the owner of the school and shall be properly notarized.",
and by redesignating subsections (h) and (i) thereof as subsections (g) and (h), respectively.
Section 4. Said Act is further amended by striking in its entirety Section 6 thereof, which reads as follows:
"Section 6. Each member of said Board shall receive a compensation of twenty-five ($25.00) dollars per day for actual services and, in addition thereto, actual expenses, including travel expenses, while discharging official duties, which compensation shall be paid out of monies collected under the provisions of this Act, after an allowance thereof by the Board upon an itemized and verified claim therefor, approved by the chairman of the Board and by the Joint Secretary, State Examining Boards, by the member claiming same. In no event shall any part of the expenses of the Board or any member thereof be paid out of any other funds.",
and inserting in lieu thereof the following:
"Section 6. Each member of the board shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member of the board is in attendance of official duties of such board, plus either reimbursement for actual transportation costs while traveling by public carrier or the same mileage allowance for use of a personal car in connection with such attendance as members of the General Assembly receive. Such expense and travel allowance shall be paid in lieu of any per diem, allowance, or other remuneration now received by any such member for such attendance."
Section 5. Said Act is further amended by adding at the end of Section 7 thereof the following:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

"License and other fees required by this Act may be refunded by the board for good cause, as shall be determined by the board.",
so that when so amended said Section 7 shall read as follows:
"Section 7. The board shall on the first day of July of each year report to the Governor a full statement of the receipts and disbursements of the board for the preceding year. All funds resulting from the operation of the Georgia State Board of Cosmetology and from the administration of the rules and regulations pertaining to cosmetologists, teachers, beauty shops, beauty schools, beauty colleges and schools of cosmetology and to the Georgia State Board of Cosmetology, excluding all fines, but including all license fees and other income, shall be paid into the general fund of the state treasury. License and other fees required by this Act may be refunded by the board for good cause, as shall be determined by the board."
Section 6. Said Act is further amended by striking from the first sentence of Section 9 thereof the following:
"throughout the state",
and by striking in its entirety the last sentence of Section 9, which reads as follows:
"All expenses so incurred shall be paid out of monies arising under the terms of this Act.",
so that when so amended said Section 9 shall read as follows:
"Section 9. The board shall hold each year at such times and places as it shall designate beforehand examinations to examine applicants for certificates of registration under this Act. Notice of any such examinations shall be given by publication in one or more newspapers of general circulation at least ten days before the holding of such examinations."
Section 7. Said Act is further amended by striking subsection (c) of Section 10, which reads as follows:
"(c) All persons making application for examination under this Act shall, if free from infectious and contagious diseases, be allowed

GEORGIA LAWS 1980 SESSION

1425

to practice the occupation of cosmetology until the next meeting of the Board held for the examination of applicants; and the Board shall issue a permit authorizing him or her to so practice said occupation until the said meeting.",
and inserting in lieu thereof the following:
"(c) Any person making application for examination under this Act, if free from infectious and contagious diseases, shall be allowed to practice the occupation of cosmetology until the next meeting of the board held for the examination of applicants, which examination such person is eligible to take. The board shall issue a permit authorizing such person so to practice until the said meeting. Thereafter, no further such permit shall be renewed or issued to such person to authorize such practice."
Section 7.1. Said Act is further amended by striking from the first sentence of Section 11 the following:
", providing said cosmetologist has had at least three years' experience and has held a license of a master cosmetologist for three years,",
and inserting in lieu thereof the following:
", providing said cosmetologist has had at least 18 months' experience and has held a license of a master cosmetologist for at least 18 months",
and by striking from the first sentence thereof the following:
"of at least three years",
and inserting in lieu thereof the following:
"of at least 18 months",
so that when so amended said section shall read as follows:
"Section 11. Nothing in this Act shall prohibit any person over the age of sixteen (16) years from learning said occupation under a cosmetologist, providing said cosmetologist has had at least 18

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GENERAL ACTS AND RESOLUTIONS, VOL. I

months' experience and has held a license of a master cosmetologist for at least 18 months, or under an instructor in a beauty school, college or school of cosmetology who has been a journeyman cosmetologist for a period of at least 18 months and has registered under this Act. Every shop owner and/or school owner shall have the responsibility for registering students and apprentices with the joint secretary, State Examining Boards. The shop owner and/or school owner shall file a statement in writing, showing the student's or apprentice's name and the address of the school or shop. The shop owner and/or school owner shall remit to said secretary a fee in such amount as shall be set by the board by regulation for the registration of the student or apprentice. The student or apprentice shall receive a certificate of registration showing the capacity in which he or she is permitted to practice said occupation. Said certificate of registration shall be effective for a period of two years and may be renewed at the end of such period upon the filing of an application on forms furnished by the secretary and the payment of a renewal fee in such amount as shall be set by the board by regulation. A certificate of registration authorizing a person to learn the occupation under a cosmetologist shall not be renewed more than one time; and, upon the expiration of the last certificate of registration issued, such person shall not be permitted to practice the occupation in any capacity."
Section 8. Said Act is further amended by striking from Section 11A thereof the following:
"provided such person has satisfactory proof that he or she",
and inserting in lieu thereof the following:
"provided a statement by such person indicates such person",
so that when so amended said Section 11A shall read as follows:
"Section 11A. A beauty shop or salon shall be authorized to employ a person to wash and shampoo hair, provided a statement by such person indicates such person is free from infectious or contagious disease, and provided such person pays a registration fee in such amount as shall be set by the board by regulation and an annual renewal fee in such amount as shall be set by the board by regulation. A person employed under this section who is not studying

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cosmetology under a licensed cosmetologist pursuant to Section 11 shall not be considered an apprentice and shall not receive any credit hours for such work."
Section 9. Said Act is further amended by striking paragraph (2) of subsection (a) of Section 12, which reads as follows:
"(2) All cosmetologists, beauty schools, beauty colleges or schools of cosmetology, which shall take an apprentice or student shall file immediately with the Georgia State Board of Cosmetology, through the Joint-Secretary, State Examining Boards, the name and age of such apprentice or student; and the said Board shall cause the same to be entered on a register kept by such secretary for that purpose.",
and inserting in lieu thereof the following:
"(2) All cosmetologists who shall take an apprentice shall file immediately with the Georgia State Board of Cosmetology through the joint secretary, State Examining Boards, the name and age of such apprentice, and the said board shall cause the same to be entered on a register kept by such secretary for that purpose."
Section 10. Said Act is further amended by adding at the end of subsection (a) of Section 12a new paragraph (4) to read as follows:
"(4) All beauty schools, colleges, schools of cosmetology, and beauty shops are required to make to the board quarterly reports of the hourly credits of their students."
Section 11. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved April 1, 1980.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

INSURANCE - UNINSURED MOTOR VEHICLE INSURANCE COVERAGE, ETC.
Code Section 56-407A Amended.
No. 1342 (House Bill No. 1542).
AN ACT
To amend Code Section 56-407A, relating to uninsured motor vehicle insurance coverage;5 so as to change the definition of "uninsured motor vehicle"; to provide for editorial revision; to provide for application; to amend an Act known as the "Georgia Motor Vehicle Accident Reparations Act," approved February 28, 1974 (Ga. Laws 1974, p. 113), as amended by an Act approved January 23, 1975 (Ga. Laws 1975, p. 3), an Act approved April 17, 1975 (Ga. Laws 1975, p. 516), an Act approved April 24, 1975 (Ga. Laws 1975, p. 1202), an Act approved March 24, 1976 (Ga. Laws 1976, p. 642), an Act approved March 31, 1976 (Ga. Laws 1976, p. 1078), an Act approved April 6, 1976 (Ga. Laws 1976, p. 1513), an Act approved April 6, 1976 (Ga. Laws 1976, p. 1523), an Act approved March 23, 1977 (Ga. Laws 1977, p. 807), an Act approved April 11, 1977 (Ga. Laws 1977, p. 1520), an Act approved April 3, 1978 (Ga. Laws 1978, p. 1369), an Act approved April 6, 1978 (Ga. Laws 1978, p. 2075), and an Act approved April 12, 1979 (Ga. Laws 1979, p. 594), so as to provide authority to municipalities to adopt by reference certain offenses contained under such Act; to provide for jurisdiction, practices and procedures in connection with the foregoing; to provide effective dates; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 56-407A, relating to uninsured motor vehicle insurance coverage, is hereby amended by striking in its entirety subsection (b) thereof and substituting in lieu thereof a new subsection (b) to read as follows:
"(b) (1) As used in this Section:
(A) `Bodily injury' shall include death resulting from bodily injury.

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(B) `Property of the insured' as used in subsection (a) of this Section means the insured motor vehicle and includes the personal property owned by the insured and contained in the insured motor vehicle.
(C) `Insured' means the name insured and, while resident of the same household, the spouse of any such named insured, and relatives of either, while in a motor vehicle or otherwise, and any person who uses, with the consent, expressed or implied of the named insured, the motor vehicle to which the policy applies, and a guest in such motor vehicle to which the policy applies, or the personal representatives of any of the above.
(D) `Uninsured motor vehicle' means a motor vehicle, other than a motor vehicle owned by or furnished for the regular use of the named insured, the spouse of any such named insured, and while residents of the same household, the relative of either, as to which there is:
(i) No bodily injury liability insurance and property damage liability insurance; or
(ii) Bodily injury liability insurance and property damage liability insurance with limits of coverage which are less than the limits of the uninsured motorist coverage provided under the insured's insurance policy, but such motor vehicle shall only be considered to be uninsured for the amount of the difference between the limits of the bodily injury liability insurance and property damage liability insurance coverages on such motor vehicle and the limits of the uninsured motorist coverage provided under the insured's motor vehicle insurance policy; or
(iii) Bodily injury liability insurance and property damage liability insurance in existence but the insurance company writing the insurance has legally denied coverage under its policy; or
(iv) Bodily injury liability and property damage liability insurance in existence but the insurance com-

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GENERAL ACTS AND RESOLUTIONS, VOL. I

pany writing the insurance is unable, because of being insolvent, to make either full or partial payment with respect to the legal liability of its insured; provided that in the event that a partial payment is made by or on behalf of the insolvent insurer with respect to the legal liability of its insured, then the motor vehicle shall only be considered to be uninsured for the amount of the difference between the partial payment and the limits of the uninsured motorist coverage provided under the insured's motor vehicle insurance policy; or
(v) No bond or deposit of cash or securities in lieu of such bodily injury and property damage liability insurance.
(2) A motor vehicle shall be deemed to be uninsured if the owner or operator of the motor vehicle is unknown. In such cases, recovery under the endorsement or provisions shall be subject to the conditions hereinafter set forth and, in order for the insured to recover under the endorsement where the owner or operator of any motor vehicle which causes bodily injury or property damage to the insured is unknown, actual physical contact must have occurred between the motor vehicle owned or operated by such unknown person and the person or property of the insured."
Section 2. An Act known as the "Georgia Motor Vehicle Accident Reparations Act," approved February 28, 1974 (Ga. Laws 1974, p. 113), as amended by an Act approved January 23, 1975 (Ga. Laws 1975, p. 3), an Act approved April 17, 1975 (Ga. Laws 1975, p. 516), an Act approved April 24, 1975 (Ga. Laws 1975, p. 1202), an Act approved March 24, 1976 (Ga. Laws 1976, p. 642), an Act approved March 31, 1976 (Ga. Laws 1976, p. 1078), an Act approved April 6, 1976 (Ga. Laws 1976, p. 1513), an Act approved April 6, 1976 (Ga. Laws 1976, p. 1523), an Act approved March 23, 1977 (Ga. Laws 1977, p. 807), an Act approved April 11, 1977 (Ga. Laws 1977, p. 1520), an Act approved April 3, 1978 (Ga. Laws 1978, p. 1369), an Act approved April 6, 1978 (Ga. Laws 1978, p. 2075), and an Act approved April 12, 1979 (Ga. Laws 1979, p. 594), is hereby amended by adding a new section to be enumerated as Section 14A, to read as follows:

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"Section 14A (a) Municipalities, by ordinance may adopt by reference the provisions of Section 14 of this Act without publishing or posting in full the provisions thereof.
(b) Any offense which is a violation of a provision of this Title and of a local ordinance may, at the discretion of the local law enforcement officer or prosecutor, be charged as a violation of the State statute or local ordinance.
(c) If the offense charged under an ordinance constitutes a violation of any provision of this Act and the defendant elects to have the charge treated as a State offense, the recorder or city judge after conducting a commitment hearing in which probable cause for arrest is found or upon obtaining a waiver of commitment hearing, shall summarily fix his bond and bind his case over to the appropriate State tribunal.
(d) No person tried in any court for a violation of this Act or any ordinance adopted pursuant thereto shall thereafter be tried in any court for the same offense. A conviction for the violation of an ordinance adopted pursuant to this Act shall be considered a prior conviction for all purposes under this Act."
Section 3. The provisions of Section 1 of this Act shall apply with respect to motor vehicle and automobile liability insurance policies issued or delivered in this State on or after July 1, 1980. Section 2 of this Act shall become effective upon the approval of this Act by the Governor or upon its otherwise becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved April 1, 1980.

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INHERITANCE BY AND FROM ILLEGITIMATES.
Code Chapter 113-9 Amended.
No. 1343 (House Bill No. 1570).
AN ACT
To amend Code Chapter 113-9, relating to rules of descent and distribution and rights of heirs, as amended, so as to change and state rules of inheritance by, from, and through illegitimate children; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Chapter 113-9, relating to rules of descent and distribution and rights of heirs, as amended, is hereby amended by striking Sections 113-904 and 113-905, which read as follows:
"113-904. Inheritance by and from bastards.--Bastards have no inheritable blood, except that given to them by express law. They may inherit from their mother, and from each other, children of the same mother, in the same manner as if legitimate. Legitimate and illegitimate children of the same mother shall inherit alike the estate of the mother. If a bastard dies leaving no issue or widow, his mother, brothers, and sisters shall inherit his estate equally. In distributions under this law the children of a deceased bastard shall represent the deceased parent.
113-905. Inheritance by legitimates from illegitimates.--If a bastard dies intestate, leaving no widow or lineal descendant, or illegitimate brother or sister, or descendant of a brother or sister or mother, but shall leave a brother or sister of legitimate blood, such brother or sister, or descendant of such brother or sister, may inherit the estate of such intestate; but in default of any such person, the brothers and sisters of the mother of such bastard or their descendants, or the maternal grandparents of such bastard, may inherit the estate of such bastard, to be divided among said persons in accordance with the degrees of consanguinity prescribed in the laws for the distribution of other estates.",

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and inserting in their place new sections to read as follows:
" 113-904. Inheritance by illegitimates, (a) Illegitimate children have no inheritable blood except that given to them by express law.
(b) An illegitimate child may inherit in the same manner as if legitimate from and through his mother, from and through the other children of his mother, and from and through any other maternal kin whether collateral or lineal.
(c) An illegitimate child may not inherit from or through his father or any paternal kin by reason of the paternal kinship unless during the lifetime of the father and after the conception of the child a court of competent jurisdiction has entered an order declaring the child to be legitimate under the authority of Code Section 74-103 or such other authority as may be hereafter provided by law or a court of competent jurisdiction has otherwise entered a court order establishing the father of the illegitimate child. If such an order has been entered, an illegitimate child may inherit in the same manner as if legitimate from and through his father, from and through the other children of his father, and from and through any other paternal kin whether collateral or lineal.
(d) In distributions under this law, the children of a deceased illegitimate child shall represent the deceased parent.
113-905. Inheritance from illegitimates, (a) The mother of an illegitimate child, the other children of the mother, and other maternal kin (whether collateral or lineal) may inherit from and through the illegitimate child in the same manner as if the child were legitimate.
(b) The father of an illegitimate child, the other children of the father, and other paternal kin (whether collateral or lineal) may inherit from and through the illegitimate child in the same manner as if the child were legitimate if a court of competent jurisdiction during the lifetime of the father and after the conception of the child has entered an order declaring the child to be legitimate under the authority of Code Section 74-103 or such other authority as may hereafter be provided by law or a court of competent jurisdiction has otherwise entered a court order establishing the father of the

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GENERAL ACTS AND RESOLUTIONS, VOL. I

illegitimate child. If no such order has been entered, neither the father nor any paternal kin may inherit from the illegitimate child by reason of the paternal kinship."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved April 1, 1980.

REMOVAL OF DEAD BODIES FROM GRAVES, ETC.
Code Chapter 88-27 Amended.
No. 1344 (House Bill No. 1592).
AN ACT
To amend Code Chapter 88-27, relating to public health, so as to provide that it is illegal to wantonly or maliciously remove a dead body from a grave or to otherwise wantonly or maliciously disturb the contents of a grave or tomb; to provide penalties; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Chapter 88-27, relating to public health, is hereby amended by striking from Code Section 88-2710, relating to illegal removal of dead body from grave, the following:
or from mere wantonness,",
so that when so amended Code Section 88-2710 shall read as follows:

GEORGIA LAWS 1980 SESSION

1435

"88-2710. Illegal removal of dead body from grave. Whoever shall remove the dead body of a human being from any grave or other place of interment or from any vault, tomb, sepulcher, or from any other place for the purpose of selling or dissecting the same shall be punished by imprisonment and labor in the penitentiary not less than one (1) nor more than ten (10) years; and any person who shall receive or purchase any dead human body, knowing it to have been so disinterred or removed from any tomb, vault, or sepulcher, or such other place, for the purpose aforesaid, shall receive the punishment as provided in Section 88-2709 hereof."
Section 2. Said Code Chapter is further amended by adding a new Code Section after Code Section 88-2710, to be designated Code Section 88-2710.1, to read as follows:
"88-2710.1. Wanton or malicious removal of dead body from grave and disturbance of contents of grave, (a) It is unlawful for any person to wantonly or maliciously:
(1) Remove the dead body of a human being from any grave or other place of interment or from any vault, tomb, or sepulcher; or
(2) Otherwise disturb the contents of any grave or other place of interment or any vault, tomb, or sepulcher.
(b) Any person violating a provision of this Section is guilty of a felony and, upon conviction of the violation, shall be punished by imprisonment for not less than one year nor more than five years or by such imprisonment and fine."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved April 1, 1980.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

PUBLIC OFFICERS RECALL ACT AMENDED.
No. 1346 (House Bill No. 1640).
AN ACT
To amend an Act known as the "Public Officers Recall Act," approved April 25, 1979 (Ga. Laws 1979, p. 1612), so as to define "official sponsors" or "sponsors"; to provide for the number of electors necessary to petition the recall of public officers; to provide for the number of electors to serve as official sponsors of the application for a recall petition; to provide for determination as to the legal sufficiency of the application and the recall petition; to change the recall petition form; to provide the method of signing recall petitions; to provide that certain information be given by electors when signing recall petition forms; to provide for a procedure for withdrawing signatures from an application or a recall petition; to provide for the determination of the legal sufficiency of the recall petition; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act known as the "Public Officers Recall Act," approved April 25, 1979 (Ga. Laws 1979, p. 1612), is hereby amended by adding a new subsection (d) at the end of Section 3 to read as follows:
"(d) `Official sponsors' or `sponsors' means the electors who file an application for a recall petition who are registered and eligible to vote in the recall election and who reside in the electoral district of the officer sought to be recalled."
Section 2. Said Act is further amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows:
"Section 4. Officers subject to recall; number of electors required to petition recall, (a) Every public official who holds elective office, either by election or appointment, is subject to recall from office by electors who are registered and qualified to vote in

GEORGIA LAWS 1980 SESSION

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the recall election and who reside in the electoral district from which candidates are elected to that office.
(1) In the case of a State officer whose electoral district encompasses the entire State, the number of electors necessary to petition the recall of the officer shall be equal to at least fifteen percent of the number of electors who were registered and qualified to vote at the last preceding general election for any candidate offering for the office held by the officer. At least one-fifteenth of the number of electors necessary to petition the recall of the officer must reside in each of the United States Congressional Districts in the State of Georgia as said Congressional Districts may now or hereinafter exist.
(2) In the case of a State officer whose electoral district encompasses only a part of the State, or in the case of a local officer, the number of electors necessary to petition the recall of the officer shall be equal to at least thirty percent of the number of electors registered and qualified to vote at the last preceding general election for any candidate offering for the office held by the officer.
(b) For the purposes of this Act:
(1) `elected county school board members' and `elected county school superintendents' shall be considered county officers; and
(2) `elected education board members' and `elected school superintendents' of any independent school system shall be considered municipal officers.
(c) No recall petition shall demand the recall of more than one public official."
Section 3. Said Act is further amended by striking Section 5 in its entirety and inserting in lieu thereof a new Section 5 to read as follows:
"Section 5. Application for recall petition; time of filing application; numbers of sponsors required; determination of legal sufficiency. (a) No application for a recall petition may be filed during

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GENERAL ACTS AND RESOLUTIONS, VOL. I

the first 180 days or during the last 180 days of the term of office of any public official subject to recall.
(b) The application shall include:
(1) the name and office of the person sought to be recalled;
(2) the printed names and signatures of the official sponsors, the date signed, residence addresses and the name of the county of residence;
(3) the designation of one of the sponsors as the Petition Chairman who shall represent the sponsors on all matters pertaining to the recall application and petition.
The official application forms shall be printed in substantially the form prescribed hereinabove by the office of Secretary of State and distributed to election superintendents.
(c) The number of official sponsors necessary to file an application for a recall petition must be equal in number to at least one hundred electors or equal in number to at least ten percent of the number of electors who were registered to vote at the last preceding general election for any of the candidates offering for the office held by the public official sought to be recalled, whichever is smaller.
(d) Sponsors of a recall petition, before causing the petition to be circulated, shall submit the application for the petition to the election superintendent designated in Section 3 and request official recall petition forms.
(e) At any time prior to the date the election superintendent receives the application for a recall petition, an elector who has signed the application as an official sponsor may request withdrawal of his signature from the application by executing and filing an affidavit signed and sworn to before a notary public which affirms the elector's intention to withdraw his signature from the application. The official affidavit of signature withdrawal shall be printed by the office of Secretary of State and distributed to election superintendents. The form of the affidavit shall be substantially as prescribed in Section 8 herein.

GEORGIA LAWS 1980 SESSION

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(f) On receipt of the application, the election superintendent shall determine the legal sufficiency of the application and determine if the signers are qualified electors eligible to sign the application. The election superintendent is hereby granted unrestricted authority to examine the registration records maintained by the board of registrars for the purpose of making such determination. If the election superintendent finds that any signer is not a qualified elector eligible to sign the application, such signature shall not be counted in determining whether the application contains a sufficient number of signatures as required by law. The election superintendent shall certify the legal sufficiency or insufficiency of the application for a recall petition within five days after receiving the application, excluding Saturdays, Sundays, and legal holidays.
(g) No application for a recall petition shall be amended, supplemented, or returned after it has been accepted by the election superintendent for verification.
(h) Upon certifying the legal sufficiency of the application, the election superintendent shall forthwith officially file the application, issue official recall petition forms, assign a number to the recall petition, which number shall appear on the face of each petition form, and issue that number to the sponsors. A record of each application, including the date of its receipt and the number assigned and issued to the sponsors, shall be maintained by the election superintendent.
(i) The election superintendent shall immediately notify in writing the public officer named for recall in the application that a recall petition has been officially issued for circulation.
(j) The official recall petition forms shall be printed by the office of Secretary of State and distributed to election superintendents. The form of the petition shall be as provided herein."
Section 4. Said Act is further amended by striking Section 6 in its entirety and inserting in lieu thereof a new Section 6 to read as follows:
"Section 6. Recall petition forms. The form of the recall petition shall be substantially as follows:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

Recall Petition

(Official Application No.)

(County or City)
To (Name of Election Superintendent)

(Address)

(City, State, Zip Code)

We, the electors registered to vote in the recall election herein

petitioned, demand the recall of

(name and office).

Name

Date of Signing

Residence Address

County of Residence

(Signature)

(number and street or route)

Printed Name of Elector

(City)

(Fifteen lines for signatures and printed names)

Each petition shall include a warning statement setting forth the provisions of Section 17."

Section 5. Said Act is further amended by striking Section 7 in its entirety and inserting in lieu thereof a new Section 7 to read as follows:

GEORGIA LAWS 1980 SESSION

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"Section 7. Signatures of petitioners, (a) All signers of a single recall petition shall be electors who are registered and eligible to vote in the recall election and who reside in the electoral district of the officer sought to be recalled. When a petition for the recall of a public official is circulated in more than one county, each sheet of the petition shall bear the name of the county in which it is circulated, and only electors of the designated county may sign such sheet.
(b) Every elector signing a recall petition shall do so in the presence of the person circulating the petition who is to execute the affidavit of verification on the reverse side of the petition form. At the time of signing, the elector shall sign his name, and such elector or the person circulating the petition shall print the name of the elector below the elector's signature and shall print or write in the appropriate spaces following the signature the elector's residence address, giving number and street or route and city, the name of the county, and the date on which the elector signed the petition.
(c) If an elector is incapable of signing his own name, he may specifically request the circulator of the petition to sign and print his name and complete the information required on the petition sheet to accompany the signature; provided, however, the circulator shall also sign his name beside the printed name of such elector.
(d) The person before whom the electors signed the recall petition, in an affidavit subscribed and sworn to by him before a notary public, shall verify that each of the names on the petition form was signed in his presence on the date indicated, and that in his belief each signer was an.elector of the electoral district of the officer sought to be recalled.
(e) The affidavit printed on the reverse side of each recall petition form shall be in the following form:
Affidavit of Circulator
State of Georgia County of
Under the penalty of a misdemeanor, punishable by a fine not to exceed one thousand dollars or by imprisonment not to exceed 46

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GENERAL ACTS AND RESOLUTIONS, VOL. I

twelve months, or both, I do depose and say that I am an elector registered to vote in the recall election herein petitioned for, and that each petitioner signed or caused to be signed the foregoing petition in my presence on the date indicated, and I believe that each signer's name and residence address are correctly stated, and that each signer is an elector of the electoral district in which such recall election will be conducted.

(Signature of affiant)

(Residence address)

(number and street or route)

Subscribed and sworn to before me this

[ 19-

(City) .day of

My commission expires on the

day of

Notary Public , Georgia , 19 .

(f) An elector may change the way his signature and residence address appears on a recall petition at any time prior to the filing of the petition for verification by striking through his name and initialing the strike-through and re-signing the petition with his printed name corrected accordingly."
Section 6. Said Act is further amended by striking Section 8 in its entirety and inserting in lieu thereof a new Section 8 to read as follows:
"Section 8. Procedure for withdrawing signatures, (a) At any time prior to the date an application for recall petition or a recall petition is filed for verification, an elector who has signed the application or the recall petition form may request withdrawal of his

GEORGIA LAWS 1980 SESSION

1443

signature from the application or recall petition by executing and filing an affidavit, in the form prescribed by this Section, with the election superintendent. Any signature so withdrawn shall not be counted in determining the legal sufficiency of the application or recall petition. The affidavit shall:
(1) be signed and sworn to before a notary public;
(2) state the elector's residence address, giving number and street or route and city, the name of the county of residence, and, in the case of a recall petition, the number of the petition which he signed;
(3) affirm the elector's intention to withdraw his signature from the application or recall petition.
(b) The affidavit shall be substantially in the following form:
Affidavit of signature withdrawal
State of Georgia County of
I, (name as it appears on the application or recall petition)

being first duly sworn, say that I am an elector of the electoral district in which the recall election will be conducted.

That my residence address is

!

(number and street or route)

(City)
That I signed or caused to be signed the application or the petition for the recall of
(name and office of person sought to be recalled)

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GENERAL ACTS AND RESOLUTIONS, VOL. I

and, in the case of an affidavit for withdrawal of a signature on a recall petition, that the recall petition has been assigned number

That it is my intention by the signing and filing of this affidavit to withdraw my signature therefrom.

Signature of elector

Subscribed and sworn to before me this day of , 19

.

My commission expires on the

day of

Notary Public

, Georgia

19

"

Section 7. Said Act is further amended by striking Section 9 in its entirety and inserting in lieu thereof a new Section 9 to read as follows:
"Section 9. Prohibition on circulating of recall petitions by certain persons. No registration officer or other person authorized by law to register electors, and no person other than an elector of the electoral district of the officer sought to be recalled, shall circulate a recall petition. No employee of the State shall circulate a recall petition. All signatures obtained by any such unqualified person shall be void and shall not be counted in determining the legal sufficiency of the petition."
Section 8. Said Act is further amended by striking Section 11 in its entirety and inserting in lieu thereof a new Section 11 to read as follows:

GEORGIA LAWS 1980 SESSION

1445

"Section 11. Determination of legal sufficiency of the recall petition; disposition of recall petition, (a) The election superintendent shall be responsible for determining the legal sufficiency of the recall petition within thirty days after it has been submitted to him. The election superintendent or his designee is hereby granted unrestricted authority to examine the registration records maintained by the board of registrars for the purpose of determining if the signers are qualified electors eligible to sign the recall petition. If the election superintendent shall not be reasonably able to ascertain that any signature is that of a qualified elector eligible to sign the recall petition, such signature shall not be counted in determining whether the petition contains a sufficient number of signatures as required by law.
(b) A recall petition shall not be accepted for verification for a statewide office if more than 120 days have elapsed since the date the official recall petition forms were issued to the sponsors, nor shall the recall petition be accepted for any other office if more than 90 days have elapsed since the date the official recall petition forms were issued to the sponsors.
(c) No recall petition shall be amended, supplemented or returned after it has been accepted by the election superintendent for verification.
(d) Within five days, excluding Saturday, Sunday and legal holidays, after the election superintendent has certified the legal sufficiency of a petition, he shall forthwith notify the Governor or the appropriate official who shall call the recall election as provided in Section 13.
(e) Upon certifying the legal sufficiency or insufficiency of a recall petition, the election superintendent shall immediately notify the Petition Chairman and the officeholder in writing of the results and officially file the petition."
Section 9. Said Act is further amended by striking Section 15 in its entirety and inserting in lieu thereof a new Section 15 to read as follows:
"Section 15. Special election laws applicable. The powers, duties and penalties conferred or imposed by law upon public offi-

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GENERAL ACTS AND RESOLUTIONS, VOL. I

cials who conduct special elections are hereby conferred and imposed upon public officials conducting recall elections. All such elections shall be conducted in the same manner as special elections and in accordance with the provisions of the Georgia Election Code or the Georgia Municipal Election Code."
Section 10. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section II. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved April 1, 1980.

STRUCTURAL PEST CONTROL ACT AMENDED TERMINATION DATE.
No. 1348 (House Bill No. 1732).
AN ACT
To amend an Act known as the "Structural Pest Control Act," approved March 7, 1955 (Ga. Laws 1955, p. 564), as amended, so as to continue the Structural Pest Control Commission and the laws relating thereto until July 1, 1983; to provide for the termination of such board and the repeal of the laws relating thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act known as the "Structural Pest Control Act," approved March 7, 1955 (Ga. Laws 1955, p. 564), as amended, is hereby amended by designating the existing text of Section 3 thereof as subsection (a) and adding a new subsection (b) to read as follows:
"(b) Pursuant to Section 9 of `The Act Providing for the Review, Continuation, Reestablishment or Termination of Regula-

GEORGIA LAWS 1980 SESSION

1447

tory Agencies,' approved March 24, 1977 (Ga. Laws 1977, p. 961), as now or hereafter amended, the Structural Pest Control Commission and the laws relating thereto are hereby continued until July 1, 1983, at which time the board shall be terminated. Upon its termination, the board shall continue in existence until July 1 of the next succeeding year for the purpose of concluding its affairs and activities. During that termination period, the powers or authority of the board shall not be reduced or otherwise limited. The laws relative to the board shall be continued in effect for the duration of the termination period only for the purpose of concluding its affairs. As of the last day of the termination period, the laws relative to the board shall stand repealed in their entirety. During the termination period, the board shall not issue any new licenses nor renew any licenses nor collect any license fees which were not due and payable prior to the date of termination of the board."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved April 1, 1980.

COWETA JUDICIAL CIRCUIT -1 ADDITIONAL JUDGE.
No. 1350 (House Bill No. 1751).
AN ACT
To add one additional judge of the superior courts of the Coweta Judicial Circuit of Georgia; to provide for the appointment of such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers of said judge; to prescribe the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the counties comprising said circuit; to authorize the judges of said

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GENERAL ACTS AND RESOLUTIONS, VOL. I

courts to divide and allocate the work and duties thereof; to require candidates for such judgeships to designate the places for which they are running; to provide for the manner of empanelling jurors; to provide for an additional court reporter for said circuit; to authorize the governing authorities of the counties comprising the Coweta Judicial Circuit to provide facilities, office space, supplies, equipment, and personnel for said judges; to declare inherent authority; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Under and in accordance with the provisions of Article VI, Section III, Paragraph I, of the Constitution, one additional judge of the superior courts for the Coweta Judicial Circuit of Georgia is hereby added, thereby increasing to three the number of judges of the superior courts for said circuit.
Section 2. Said additional judge shall be appointed by the Governor for a term of office beginning on the first Monday following the date of his appointment and continuing through December 31, 1980, and until his successor is elected and qualified. Such judge shall be appointed by the Governor within 30 days after the effective date of this Act. His successor shall be elected in a manner provided by law for the election of judges of the superior courts of this state at the general election in November, 1980, for a term of four years beginning on the first day of January, 1981, and until his successor is elected and qualified. Future successors shall be elected at the general election each four years thereafter for terms of four years and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election. Such elections shall be held and conducted in the manner hereafter provided by law for the election of judges of superior courts of this state.
Section 3. Every person who offers for nomination and election as one of the judges of said superior courts for the Coweta Judicial Circuit of Georgia shall designate with the state party authority in all state primaries and with the proper authority in all general elections the specific place for which he offers by naming the incumbent judge whom he desires to succeed and thereupon he shall be qualified, if otherwise qualified, to run for said specific judgeship and no other. In the event there is no incumbent judge in the place for

GEORGIA LAWS 1980 SESSION

1449

which he desires to offer, the candidate shall qualify by announcing his intention to run for the office for which there is no incumbent.
Section 4. The additional judge of the superior courts for the Coweta Judicial Circuit of Georgia shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of said courts may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law.
Section 5. The qualifications of such additional judge and his successors shall be the same as are now provided by law for all other superior court judges, and his compensation, salary, and expense allowance from the State of Georgia and from the counties of such circuit shall be the same as that of the other judge of the superior courts of the Coweta Judicial Circuit. The salary supplements heretofore enacted by the counties of said circuit for the present judges shall also be applicable to the additional judge provided for by this Act.
Section 6. All writs and processes in the superior courts of the Coweta Judicial Circuit shall be returnable to the terms of said superior courts as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of said courts shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide the three judges of said circuit with equal jurisdiction and authority to attend to and perform the functions, powers, and duties of the judges of said superior courts and to direct and conduct all hearings and trials in said courts.
Section 7. The three judges of the superior courts for the Coweta Judicial Circuit of Georgia, in transacting the business of said courts and in performing their duties and responsibilities, shall share, divide, and allocate the work and duties to be performed by each. In the event of any disagreement between said judges in any respect hereof, the decision of the senior judge in point of service, who shall be known as the chief judge, shall be controlling. The senior judge shall have the right to appoint referees of the juvenile courts in the counties comprising said circuit; and, in the event a juvenile court is established in any county within said circuit under the provisions of

1450

GENERAL ACTS AND RESOLUTIONS, VOL. I

Code Title 24A, known as the Juvenile Court Code of Georgia, as the same now exists or may hereafter be amended, the senior judge in point of continuous service shall appoint the judge of said court as provided by law. The three judges of the superior courts of the Coweta Judicial Circuit shall have and they are hereby clothed with full power, authority, and discretion to determine from time to time, and term to term, the manner of calling the dockets and fixing the calendars and order of business in said courts. In all such matters relating to the manner of fixing, arranging for, and disposing of the business of said courts, and making appointments as authorized by law where the judges thereof cannot agree or shall differ, the opinion or order of the senior judge as hereinbefore defined shall control.
Section 8. The drawing and empanelling of all jurors, whether grand, petit, or special, may be by any of the judges of the superior courts of said circuit, and they, or each of them, shall have full power and authority to draw and empanel jurors for service in said courts so as to have jurors for the trial of cases before any of said judges separately or before each of them at the same time.
Section 9. The three judges of the Coweta Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for such circuit whose compensation shall be as now or hereafter provided by law.
Section 10. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Coweta Judicial Circuit may bear teste in the name of any judge of said Coweta Judicial Circuit and when issued by and in the name of any judge of said circuit shall be fully valid and may be heard and determined before the same or any other judge of said circuit. Any judge of said courts may preside over any cause therein and perform any official act as judge thereof.
Section 11. The governing authorities of the counties comprising the Coweta Judicial Circuit shall provide the judges of said circuit with suitable courtrooms and facilities, office space, telephone, furniture, office equipment, supplies, and such personnel as may be considered necessary to the proper functioning of the courts. All of the expenditures authorized herein are hereby declared to be an expense of court and payable out of the county treasury as such.

GEORGIA LAWS 1980 SESSION

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Section 12. Nothing herein enumerated shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia.
Section 13. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 14. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved April 1, 1980.

HEALTHg NOTIFICATION AND CONSULTATION RIGHTS, ETC.
Code Title 88 Amended.
No. 1351 (House Bill No. 1771).
AN ACT
To amend Code Title 88, relating to public health, as amended, so as to provide certain notice and consultation rights to guardians and representatives of both adults and minors who are hospitalized as mentally ill or alcohol or drug dependent persons; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Title 88, relating to public health, as amended, is hereby amended by adding at the end of Code Section 88-402, relating to rights of hospitalized alcohol or drug dependent persons, a new section, to be designated Section 88-402.24, to read as follows:

1452

GENERAL ACTS AND RESOLUTIONS, VOL. I

"88-402.24. Notification and consultation rights, (a) At the time an adult patient's representative is designated or selected under Section 88-402.18, and at least every 12 months thereafter, such patient shall be notified that, unless objected to by the patient, such representative will be permitted to consult with the facility regarding the development of the patient's individualized treatment plan and the patient's treatment under such plan. The representative of a minor patient, and the representative of an adult patient not objecting to consultation as herein authorized, may consult with the facility regarding the development of such patient's individualized treatment plan and the patient's treatment under such plan.
(b) At least seven days prior to any substantial change in the individualized treatment plan or treatment thereunder of an adult patient, such patient shall be notified that such patient's representative will be notified of such change unless objected to by the patient within 24 hours. The representative of a minor patient, and the representative of an adult patient not objecting to notification of such representative as herein authorized, shall be notified at least five days prior to any substantial change in such patient's individualized treatment plan or the treatment under such plan.
(c) In an emergency where delay due to providing prior notification under subsection (b) would create serious damage to the health of the patient, such a substantial change may be made without such prior notification if:
(1) The patient's record specifies the circumstances surrounding the emergency;
(2) Within 48 hours after the change an adult patient is notified of his right to object, within 24 hours, to his representative's being notified of such change; and
(3) The representative of a minor patient, and the representative of an adult patient not objecting to notification of such representative as herein authorized, shall be notified of such change within five days after such change occurs.
(d) For purposes of subsections (b) and (c), `substantial change' means a significant change including but not limited to the transfer of a patient from a unit primarily serving patients under 18 years of

GEORGIA LAWS 1980 SESSION

1453

age to a unit primarily serving patients 18 years of age or over or the transfer of a patient from one facility to another, but shall not include:
(1) Changes in the routine day-to-day care of the patient;
(2) Routine or periodic changes or adjustments in patient medication;
(3) Changes relating to routine or necessary medical care needs of the patient;
(4) Formulation of the patient's initial individualized treatment plan;
(5) Discharge of the patient from the facility; or
(6) Changes specifically contemplated in a treatment plan regarding which the representative has already received notification.
(e) Notification to representatives under subsections (b) and (c) may be made by telephone if the date and time of such notification is entered on the patient's clinical record and if such notification is followed within 15 days by written notification.
(f) A patient's legal guardian shall have the consultation and notification rights of a patient's representative under subsections (a), (b), and (c) of this section without regard to whether or not the patient is a minor and without regard to whether or not the patient objects to such consultation, notification, or both. A patient for whom a legal guardian has been appointed shall not be notified of any right to object under this section.
(g) For purposes of this section, `representative' means the representative designated by the patient or, in the absence of such designation, the person selected as a representative in the order of listing under Code Section 88-402.18(a) but shall not mean the patient's legal guardian. At the time of being designated or selected, such representative shall be given notice of his notification and consultation rights under this section. In order to exercise such rights, the representative shall be required to notify the department, on a

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GENERAL ACTS AND RESOLUTIONS, VOL. I

form supplied by the department, of his election to exercise such rights. Upon receiving such notice, the department shall thereafter provide that representative the notification and consultation required by this section until said representative notifies the department to the contrary. A patient whose representative has not elected to exercise such rights shall not be required to be notified of his representative's rights under this section."
Section 2. Said Code title is further amended by adding at the end of Code Section 88-502, relating to rights of hospitalized mentally ill persons, a new section, to be designated Code Section 88502.24, to read as follows:
"88-502.24. Notification and consultation rights, (a) At the time an adult patient's representative is designated or selected under Section 88-502.18, and at least every 12 months thereafter, such patient shall be notified that, unless objected to by the patient, such representative will be permitted to consult with the facility regarding the development of the patient's individualized service plan and the patient's treatment under such plan. The representative of a minor patient, and the representative of an adult patient not objecting to consultation as herein authorized, may consult with the facility regarding the development of such patient's individualized service plan and the patient's treatment under such plan.
(b) At least seven days prior to any substantial change in the individualized service plan or treatment thereunder of an adult patient, such patient shall be notified that such patient's representative will be notified of such change unless objected to by the patient within 24 hours. The representative of a minor patient, and the representative of an adult patient not objecting to notification of such representative as herein authorized, shall be notified at least five days prior to any substantial change in such patient's individualized service plan or the treatment under such plan.
(c) In an emergency where delay due to providing prior notification under subsection (b) would create serious damage to the health of the patient, such a substantial change may be made without such prior notification if:
(1) The patient's record specifies the circumstances surrounding the emergency;

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(2) Within 48 hours after the change an adult patient is notified of his right to object, within 24 hours, to his representative's being notified of such change; and

(3) The representative of a minor patient, and the representative of an adult patient not objecting to notification of such representative as herein authorized, shall be notified of such change within five days after such change occurs.

(d) For purposes of subsections (b) and (c), `substantial change' means a significant change including but not limited to the transfer of a patient from a unit primarily serving patients under 18 years of age to a unit primarily serving patients 18 years of age or over or the transfer of a patient from one facility to another, but shall not include:

(1) Changes in the routine day-to-day care of the patient;

(2) Routine or periodic changes or adjustments in patient medication;

(3) Changes relating to routine or necessary medical care needs of the patient;

(4) vice plan;

5 Formulation of the patient's init

(5) Discharge of the patient from the facility; or

(6) Changes specifically contemplated in a service plan regarding which the representative has already received notification.

(e) Notification to representatives under subsections (b) and (c) may be made by telephone if the date and time of such notification is entered on the patient's clinical record and if such notification is followed within 15 days by written notification.

(f) A patient's legal guardian shall have the consultation and notification rights of a patient's representative under subsections (a), (b), and (c) of this section without regard to whether or not the patient is a minor and without regard to whether or not the patient

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objects to such consultation, notification, or both. A patient for whom a legal guardian has been appointed shall not be notified of any right to object under this section.
(g) For purposes of this section, `representative' means the representative designated by the patient or, in the absence of such designation, the person selected as a representative in the order of listing under Code Section 88-502.18(a) but shall not mean the patient's legal guardian. At the time of being designated or selected, such representative shall be given notice of his notification and consultation rights under this section. In order to exercise such rights, the representative shall be required to notify the department, on a form supplied by the department, of his election to exercise such rights. Upon receiving such notice, the department shall thereafter provide that representative the notification and consultation required by this section until said representative notifies the department to the contrary. A patient whose representative has not elected to exercise such rights shall not be required to be notified of his representative's rights under this section."
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved April 1, 1980.

COBB JUDICIAL CIRCUIT 5 COMPENSATION OF FULL TIME COURT REPORTERS.
No. 1365 (House Bill No. 1899).
AN ACT
To amend an Act providing for an additional Judge of the Superior Court of the Cobb Judicial Circuit, approved February 16, 1960 (Ga. Laws 1960, p. 121), as amended, so as to change the compensation of the full-time court reporters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing for an additional Judge of the Superior Court of the Cobb Judicial Circuit, approved February 16, 1960 (Ga. Laws 1960, p. 121), as amended, is hereby amended by striking Section 9 in its entirety and inserting in lieu thereof a new Section 9 to read as follows:
"Section 9. The Judges of the Superior Court of the Cobb Judicial Circuit are hereby authorized to employ an official court reporter for each judge. Such court reporters shall be compensated as provided by general law pursuant to an Act creating a Judicial Council of the State of Georgia, approved April 3, 1973 (Ga. Laws 1973, p. 288), as amended, particularly by an Act approved April 18, 1975 (Ga. Laws 1975, p. 852)."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill to amend an act creating the Cobb County Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184) as heretofore amended and for other purposes.
This 4 day of January, 1980.
Roy E. Barnes Haskew Brantley Joe L. Thompson Senators A. L. Burruss

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Bill Cooper Carl Harrison Eugene Housley Johnny Isakson Max Kaley Ken Nix Joe Mack Wilson Representatives

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Cooper who, on oath, deposes and says that he/she is Representative from the 19th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: January 4, 11, 18, 1980.

Is/ Bill Cooper Representative, 19th District

Sworn to and subscribed before me, this 6th day of February, 1980.

Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Approved April 1, 1980.

GEORGIA LAWS 1980 SESSION

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GEORGIA BOARD OF REGISTERED PROFESSIONAL SANITARIANS ACT AMENDED.
No. 1371 (House Bill No. 1450).
AN ACT
To amend an Act regulating the practice of professional sanitarians and to promote the principles of environmental sanitation, approved March 7, 1957 (Ga. Laws 1957, p. 219), as amended, so as to delete certain provisions relating to persons not meeting certain qualifications; to add a consumer member to the board and provide for term, appointment, and limitations on duties of the consumer member; to provide for changes in the number and in the membership of the board and the advisory council; to change the compensation and allowances of board members; to continue the board and the laws relating thereto but to provide for the later termination of the board and the laws relating thereto; to authorize the board to set certain fees; to provide for fee refunds; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act regulating the practice of professional sanitarians and to promote the principles of environmental sanitation, approved March 7, 1957 (Ga. Laws 1957, p. 219), as amended, is hereby amended by striking in its entirety Section 2 thereof, which reads as follows:
"Section 2. A person who was employed as a sanitarian prior to the effective date of this' Act and who does not meet the qualifications necessary for licensure as a registered professional sanitarian contained in this Act shall be granted a license as a registered professional sanitarian if he pays the required fees and has completed two consecutive years of employment as a sanitarian. The initial application for licensure under this section shall be made within one year after the effective date of this Act."
Section 2. Said Act is further amended by striking in its entirety Section 3, which reads as follows:

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"Section 3. (a) The State Board of Examiners for Registered Professional Sanitarians in existence immediately prior to the effective date of this Act is abolished. There is hereby created the Georgia Board of Registered Professional Sanitarians to be composed of seven (7) registered professional sanitarians appointed by the Governor. Three of the initial members of the board shall be appointed to terms of three years and until their successor is appointed and qualified. Two of the initial members of the board shall be appointed to terms of two years and until their successor is appointed and qualified. Two of the initial members of the board shall be appointed to terms of one year and until their successor is appointed and qualified. Thereafter, members shall be appointed to three-year terms and until their successor is appointed and qualified. No member shall be appointed to more than two (2) consecutive terms. Vacancies on the board shall be filled by appointment by the Governor of a member to serve the remainder of the unexpired term. The Governor may remove any member from the board for neglect of duty required by law or for incompetency or unprofessional or dishonorable conduct. The Governor shall appoint members so that the board will at all times consist of the following:
(1) one registered professional sanitarian from the Georgia Department of Agriculture;
(2) one registered professional sanitarian from a Georgia Department of Human Resources local Health Department;
(3) one registered professional sanitarian from the Georgia Department of Human Resources Environmental Health Section;
(4) one registered professional sanitarian from the College of Agriculture of the University of Georgia;
(5) one registered professional sanitarian from the University System of Georgia, other than the University of Georgia;
(6) one registered professional sanitarian from the industries in which registered professional sanitarians are employed; and
(7) one registered professional sanitarian from the Department of Natural Resources. Each member of the board shall be

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a citizen of the United States and a legal resident of the State of Georgia.
(b) The board shall meet annually and shall elect from its members a president and a vice-president and such other officers as the board may deem necessary. All officers shall be elected annually by the board for terms of one (1) year each or until their successors shall have been elected. The board may hold such other meetings during the year as may be necessary to transact its business. Five members of the seven board members shall constitute a quorum.
(c) Each member of the board shall be entitled to receive the same compensation as provided for members of certain State boards and commissions in section 4 of an Act providing for the compensation and allowances of certain State officials, approved April 13, 1973 (Ga. Laws 1973, p. 701), as now or hereafter amended.",
and inserting in lieu thereof a new Section 3 to read as follows:
"Section 3. (a) There is hereby created the Georgia Board of Registered Professional Sanitarians to be composed of seven members who are citizens of the United States and legal residents of this state and who are appointed by the Governor as provided in subsections (b) and (c) of this section. No member shall be appointed for more than two consecutive terms. Vacancies on the board shall be filled by the Governor for the unexpired term in the same manner as the original appointment. The Governor may remove any member from the board for neglect of duty required by law or for incompetency or unprofessional or dishonorable conduct.
(b) Six members of the board shall at all times consist of the following:
(1) one registered professional sanitarian from the Georgia Department of Agriculture;
(2) one registered professional sanitarian from a Georgia Department of Human Resources local health department;
(3) one registered professional sanitarian from the Georgia Department of Human Resources, state level;

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(4) one registered professional sanitarian from the College of Agriculture of the University of Georgia;
(5) one registered professional sanitarian from the University System of Georgia, other than the University of Georgia;
(6) one registered professional sanitarian from the industries in which registered professional sanitarians are employed.
Those persons serving as such members immediately prior to the effective date of this section shall serve out their terms of office. Thereafter, the term of each such member shall be for three years and until the appointment and qualification of a successor.
(c) One member of the board shall be a consumer member who is not a registered professional sanitarian. The initial term of the consumer member shall begin July 1, 1980, and end June 30, 1982, upon the appointment and qualification of a successor. Thereafter, the term of the consumer member shall be for three years and until the appointment and qualification of a successor. The consumer member may vote only on matters relating to administration and policy which do not directly relate to practical and scientific examination of registered professional sanitarians for licensing in this state.
(d) The board shall meet annually and shall elect from its members a president and a vice-president and such other officers as the board may deem necessary. All officers shall be elected annually by the board for terms of one year each or until their successors shall have been elected. The board may hold such other meetings during the year as may be necessary to transact its business. Five members of the eight board members shall constitute a quorum.
(e) Each member of the board shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member of the board is in attendance of official duties of such board, plus either reimbursement for actual transportation costs while traveling by public carrier or the same mileage allowance for use of a personal car in connection with such attendance as members of the General Assembly receive. Such expense and travel allowance shall be paid in lieu of any per diem, allowance, or other remuneration now received by any such member for such attendance.

GEORGIA LAWS 1980 SESSION

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(f) Pursuant to Section 9 of `The Act Providing for the Review, Continuation, Reestablishment or Termination of Regulatory Agencies,' approved March 24, 1977 (Ga. Laws 1977, p. 961), as now or hereafter amended, the Georgia Board of Registered Professional Sanitarians and the laws relating thereto are hereby continued until July 1, 1986, at which time the board shall be terminated. Upon its termination, the board shall continue in existence until July 1 of the next succeeding year for the purpose of concluding its affairs and activities. During that termination period, the powers or authority of the board shall not be reduced or otherwise limited. The laws relative to the board shall be continued in effect for the duration of the termination period only for the purpose of concluding its affairs. As of the last day of the termination period, the laws relative to the board shall stand repealed in their entirety. During the termination period, the board shall not issue any new licenses nor renew any licenses nor collect any license fees which were not due and payable prior to the date of termination of the board."
Section 2.1. Said Act is further amended by striking subsection (a) of Section 3A in its entirety and substituting in lieu thereof a new subsection (a) of Section 3A to read as follows:
"(a) There is hereby established an advisory council of eleven (11) members which shall consist at all times of one representative from each of the following organizations, agencies, professions or offices:
(1) Georgia Environmental Health Association;
(2) Georgia Public Health Association;
(3) two (2) members from industries that employ registered professional sanitarians;
(4) Georgia Department of Agriculture;
(5) Georgia Department of Human Resources;
(6) College of Agriculture of the University of Georgia;
(7) Federal Environmental Protection Agency;

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(8) one doctor of veterinary medicine;
(9) one mayor who is a member of the Georgia Municipal Association; and
(10) one county commissioner who is a member of the Association of County Commissioners of Georgia."
Section 3. Said Act is further amended by striking from Section 6 thereof the following;
"which application shall be accompanied by a fee of three dollars ($3.00)",
and inserting in lieu thereof the following;
"which application shall be accompanied by a fee in an amount to be determined by the board",
and by striking from Section 6 the following:
"The fee for the examination shall be fifteen dollars ($ 15.00).",
and inserting in lieu thereof the following:
"The fee for the examination shall be in an amount to be determined by the board.",
so that when so amended said Section 6 shall read as follows:
"Section 6. Any person desiring to be licensed as a `registered professional sanitarian' shall make application to the board, which application shall be accompanied by a fee in an amount to be determined by the board. Any person making such application, except as hereinafter provided, must possess a degree from a four-year accredited college or university with a minimum of 40 quarter hour credits in basic physical, biological and sanitary sciences, must have completed two years of on-the-job training and experience in environmental sanitation and must have passed the registered professional sanitarian examination given by the board. No more than 30 days prior to graduation from a four-year accredited college or university and upon certification by the department head and the dean,

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a person who will be graduated with the requisite course credits shall be permitted to take the examination for license as a `registered professional sanitarian.' The fee for the examination shall be in an amount to be determined by the board. No additional examination fee shall be required. Said examination shall be given and conducted by the board and must be a written examination, approved by the majority of the board, and pertaining to the principles of sanitary science. In the event the applicant successfully passes the examination, he or she shall be issued a license as a `registered professional sanitarian' by the board upon graduation, satisfying the experience requirement and paying the license fee.
Section 4. Said Act is further amended by striking in their entirety subsections (a) and (b) of Section 6A, which read as follows:
"(a) The fees for license as a registered professional sanitarian, whether such license be by examination or reexamination or endorsement, and the fees for renewal or reinstatement of such license, shall be as provided for applications for license in section 6 of an Act approved April 18, 1975 (Ga. Laws 1975, p. 801), as now or hereafter amended.
(b) No refund of fees will be made.",
and inserting in lieu thereof the following new subsections:
"(a) The fees for license as a registered professional sanitarian, whether such license be by examination, reexamination, or endorsement, and the fees for renewal or reinstatement of such license shall be in an amount to be determined by the board.
(b) Fee refunds may be made for good cause, as shall be determined by the board."
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved April 2, 1980.

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RESIDENTIAL CARE FACILITIES FOR THE ELDERLY AUTHORITIES ACT.
No. 1372 (House Bill No. 1485).
AN ACT
Creating Authorities in the cities and counties of this State empowered to furnish, or to cooperate with certain nonprofit corporations in furnishing, residential care facilities for the elderly; to provide for a short title; to provide for legislative findings and a declaration of public necessity; to provide for definitions; to provide for the membership of the Authority; to provide for the terms of office, powers and duties and compensation of members of the Authority; to prohibit funds of the Authority from inuring to the benefit of members or officers of the Authority or private persons except when in furtherance of the corporate purpose of the Authority; to provide for legal services; to provide for the powers and duties of the Authority including the power to adopt rules and regulations; to provide for loans from the Authority; to provide for the issuance of revenue bonds by the Authority; to provide that the credit of the State shall not be pledged for the payment of bonds issued by the Authority; to provide that the moneys received by the Authority shall be deemed to be trust funds; to authorize the Authority to pledge assets, funds, and properties; to provide for tax exemptions; to provide for the consequence of the termination or dissolution of the Authority; to provide penalties; to provide for severability; to provide an effective date; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Short Title. This Act shall be known and may be cited as the "Residential Care Facilities for the Elderly Authorities Act".
Section 2. Legislative Findings and Declaration of Public Necessity. (a) It is hereby found, determined, and declared:
(1) there exists in this State a seriously inadequate supply of and a critical need for facilities which can furnish the com-

GEORGIA LAWS 1980 SESSION

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prehensive services required by elderly persons in a single location, including, without limitation, residential care and the types of services provided in skilled nursing homes, intermediate care homes and personal care homes (hereinafter referred to as "Residential Care Facilities for the Elderly");
(2) the aforesaid shortage of Residential Care Facilities for the Elderly is inimical to the safety, health, convenience and welfare of the citizens of the State in that it increases substantially the spread of crime, and necessitates excessive and disproportionate expenditures of public funds for crime prevention and punishment, public health and safety, fire and accident protection and other services; and
(3) an adequate supply of Residential Care Facilities for the Elderly to provide the special facilities and services needed by elderly persons cannot be provided through the ordinary operation of private enterprise, and therefore the involvement of a public agency as is herein contemplated in such an undertaking would not be competitive with private enterprise.
Accordingly, it is determined that it is a valid public purpose, as a matter of public health, safety, convenience and welfare, to assist in providing Residential Care Facilities for the Elderly as is herein provided.
(b) It is further found and declared that the creation of the Authorities, as herein provided, in the cities and counties of this State and the carrying out by said Authorities of the corporate powers herein conferred in connection with providing an adequate supply of Residential Care Facilities for the Elderly are in all respects for the benefit of the people of this State and a public purpose within the provisions of the Constitution of the State of Georgia in that (i) the development and stimulation of trade and commerce in this State is vital to the public welfare, creates employment opportunities, and lessens unemployment and underemployment, and (ii) providing an adequate supply of Residential Care Facilities for the Elderly for the people of Georgia is necessary to the health and welfare of the people of the State.
Section 3. Definitions. The following words and terms shall have the meaning indicated unless the context shall clearly indicate a different meaning:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(a) "Authority" shall mean each public corporation created pursuant to this Act.
(b) "municipal corporation" shall mean each city and town in this State.
(c) "county" shall mean any county of this State.
(d) , "Eligible Persons" shall mean persons who have reached the age of 62 years and who have need for housing which provides the special facilities and services needed by elderly persons and who meet the criteria for eligibility set forth in rules and regulations which are from time to time promulgated by the Authority pursuant to the grant of authority to so do which is contained in Section 6(n) hereof.
(e) "Governing Body" shall mean the elected or duly appointed officials constituting the governing body of each municipal corporation and county in this State.
(f) The terms "project" and "Residential Care Facilities for the Elderly" shall mean and include:
(1) Any one or more buildings or structures to be used in providing at a single location the comprehensive services required by the elderly, including, without limitation, residential care and the types of services provided in skilled nursing homes, intermediate care homes and personal care homes in every case with all necessary or useful furnishings, machinery, equipment, parking facilities, landscaping and facilities for outdoor storage, all as determined by the Authority, which determination shall be final and not subject to review, provided, however, no single project or residential care facility shall be required to render all types of services and levels of care referred to above. There may be included as part of any such project all improvements necessary to the full utilization thereof, including site preparation, roads and streets, sidewalks, water supply, outdoor lighting, belt line railroad, railroad sidings and lead tracks, bridges, causeways, terminals for railroad, automotive and air transportation, transportation facilities incidental to the project, and the dredging and improving of harbors and waterways, none of which foregoing descriptive words shall be construed to consti-

GEORGIA LAWS 1980 SESSION

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tute a limitation, but none of the improvements described in this sentence shall be the primary purpose of any project.
(2) The acquisition, construction, leasing or equipping of new Residential Care Facilities for the Elderly or the improvement, modification, acquisition, expansion, modernization, leasing, equipping, or remodeling of existing Residential Care Facilities for the Elderly located or to be located within the area of operation of the Authority.
(3) The acquisition, construction, improvement or modification of any property, real or personal, which any "Qualified Sponsor" might desire to use, acquire, or lease in connection with the operation of any project located or to be located within the area of operation of the Authority.
(g) The term "cost of project" shall include: all costs of construction, purchase or other form of acquisition; all costs of real or personal property required for the purposes of such project and of all facilities related thereto, and the cost of extinguishing any liens or security interests related to the property so acquired, including land and any rights or undivided interest therein, easements, franchises, water rights, fees, permits, approvals, licenses and certificates and the securing of such franchises, permits, approvals, licenses and certificates and the preparation of applications therefor; all machinery, equipment, initial fuel and other supplies required for such project; financing charges, interest prior to and during construction and for six months thereafter; costs of engineering, architectural and legal services; fees paid to fiscal agents for financial and other advice or supervision; cost of plans and specifications and all expenses necessary or incidental to the construction, purchase or acquisition of the project or to determining the feasibility or practicability of the project; administrative expenses and such other expenses as may be necessary or incidental to the financing herein authorized. There may also be included, as part of such cost of project, the repayment of any loans made for the advance payment of any part of such cost, including interest thereon at rates to be determined by the Authority, which loans are hereby authorized if made payable solely from the proceeds of such Authority's bonds or notes or revenues to be received in connection with the leasing, sale or financing of the project. The cost of any project may also include a fund or funds for the creation of a debt

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service reserve, a renewal and replacement reserve, and such others reserves as may be reasonably required by the Authority with respect to the financing and operation of any project and as may be authorized by any bond resolution or trust agreement or indenture pursuant to the provisions of which the issuance of any such bonds may be authorized. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds or notes issued under the provisions of this Act.
(h) "Qualified Sponsor" shall mean any nonprofit corporation meeting criteria established by the Authority which has undertaken to provide Residential Care Facilities for the Elderly which will be available for sale or rent to Eligible Persons.
Section 4. Authorities created; directors; activation of Authorities. There is hereby created in and for each county and municipal corporation in this State a public body corporate and politic to be known as the "Residential Care Facilities for the Elderly Authority" of such county or municipal corporation, which shall consist of a board of seven directors, to be appointed by resolution of the governing body of such county or municipal corporation for initial terms of two, four and six years and thereafter for staggered terms of six years. At the time of the election of the first board of directors the governing body of the municipality or county shall elect two directors for two years, two directors for four years, and three directors for six years, and thereafter the terms of all directors shall be six years.
If at the end of any term of office of any director a successor thereto shall not have been elected, then the director whose term of office shall have expired shall continue to hold office until his successor shall be so elected. A majority of the directors shall constitute a quorum but no action may be taken by the board without the affirmative vote of a majority of the full membership of the board. No Authority shall transact any business or exercise any powers hereunder until the governing body of the county or municipal corporation shall, by proper resolution, declare that there is a need for an Authority to function in such county or municipal corporation. A copy of said resolution shall be filed with the Secretary of State who shall maintain a record of all Authorities activated hereunder.

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Section 5. Qualifications of directors; officers; compensation; expenses; bylaws. The directors shall be taxpayers residing in the county or municipal corporation for which the Authority is created, and their successors shall be appointed as provided by the abovementioned resolution. No director shall be an officer or employee of the county or municipal corporation. The directors shall elect one of their members as chairman and another as vice chairman and shall also elect a secretary and a treasurer or a secretary-treasurer, either of whom may but need not be a director. The directors shall receive no compensation for their services, but shall be reimbursed for their actual expenses incurred in the performance of their duties. The Authority may make bylaws and regulations for its government and may delegate to one or more of its officers, agents and employees such powers and duties as may be deemed necessary and proper. Such Authority shall have perpetual existence.
Section 6. Powers of Authorities; actions; bonds; validation procedure. Each Authority shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this Act, including, but without limiting the generality of the foregoing, the power:
(a) to sue and be sued;
(b) to adopt and amend a corporate seal;
(c) to make and execute contracts and other instruments necessary to exercise the powers of the Authority, any of which contracts may be made with the county in which the Authority is located or may be made with any one or more municipal corporations in such county, and each such county and all municipal corporations therein are hereby authorized to enter into contracts with such Authority;
(d) to receive and administer gifts, grants and devises of any property and to administer trusts;
(e) to acquire by purchase, gift or construction any real or personal property desired to be acquired as part of any project or for the purpose of improving, extending, adding to, reconstructing, renovating or remodeling any project or part thereof already acquired, or for the purpose of demolition to make room for such project or any part thereof;

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(f) to sell, lease, exchange, transfer, assign, pledge, mortgage or dispose of, or grant options for any such purposes, any real or personal property or interest therein;
(g) to mortgage, convey, pledge or assign any properties, revenues, income, tolls, charges or fees owned, received or to be received by the Authority;
(h) to appoint officers and retain agents, engineers, attorneys, fiscal agents, accountants and employees and to provide for their compensation and duties;
(i) to extend credit or make loans to any Qualified Sponsor for the planning, design, construction, acquisition or carrying out of any project, which credit or loans shall be secured by loan agreements, mortgages, security agreements, contracts and all other instruments or fees or charges, upon such terms and conditions as the Authority shall determine to be reasonable in connection with such loans, including provision for the establishment and maintenance of reserves and insurance funds, and in the exercise of powers granted by this section in connection with a project for such Qualified Sponsor, to require the inclusion in any contract, loan agreement, security agreement or other instrument, such provisions for guaranty, insurance, construction, use, operation, maintenance and financing of the project as the Authority may deem necessary or desirable;
(j) to acquire, accept or retain equitable interests, security interests or other interest in any property, real or personal, by mortgage, assignment, security agreement, pledge, conveyance, contract, lien, loan agreement or other consensual transfer in order to secure the repayment of any moneys loaned or credit extended by the Authority;
(k) to construct, acquire, own, repair, remodel, maintain, extend, improve and equip projects located on land owned or leased by the Authority or land owned or leased by others and to pay all or part of the cost of any such project from the proceeds of revenue bonds of the Authority or from any contribution or loans by a Qualified Sponsor, all of which the Authority is hereby authorized to receive and accept and use;

GEORGIA LAWS 1980 SESSION

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(l) (i) to borrow money and (ii) to issue its revenue bonds and bond anticipation notes from time to time and use the proceeds thereof for the purpose of paying all or part of the cost of any project, including the cost of extending, adding to or improving such project, or for the purpose of refunding or refinancing any such bonds of the Authority theretofore issued or any other outstanding obligations of the Authority, and to otherwise carry out the purposes of this Act and to pay all other costs of the Authority incident to, or necessary and appropriate to, such purposes, including the providing of funds to be paid into any fund or funds to secure such bonds and notes; provided that all such bonds and notes shall be issued in accordance with the procedures and subject to the limitations set forth in Section 8;
(m) as security for repayment of Authority obligations, to pledge, mortgage, convey, assign, hypothecate or otherwise encumber any property, real or personal, of such Authority and to execute any trust agreement, indenture or security agreement containing any provisions not in conflict with law, which trust agreement, indenture or security agreement may provide for foreclosure or forced sale of any property of the Authority upon default on such obligations either in payment of principal or interest or in the performance of any term or condition contained in such agreement or indenture; the State of Georgia on behalf of itself and each county, municipal corporation, political subdivision or taxing district therein hereby waives any right it or such county, municipal corporation, political subdivision or taxing district may have to prevent the forced sale of foreclosure of any property of the Authority so mortgaged or encumbered, and any such mortgage or encumbrance may be foreclosed in accordance with law and the terms thereof;
(n) the Authority shall adopt and promulgate rules and regulations which establish and prescribe criteria for determining Eligible Persons and Qualified Sponsors for the purposes of this Act;
(o) to do all things necessary or convenient to carry out the powers expressly conferred by this Act.
Section 7. Lease or sale of projects. No project acquired hereunder shall be operated by an Authority, any municipal corporation, county or other governmental subdivision but shall be leased or sold to one or more Qualified Sponsors and if revenue bonds or 47

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other obligations are to be issued to pay all or part of the cost of such project, the project must be so leased or the contract for its sale entered into prior to or simultaneously with the issuance of such bonds or obligations unless the proceeds of the revenue bonds or other obligations are to be loaned to a Qualified Sponsor in connection with the development of a project, in which case an appropriate loan agreement shall be entered into prior to or simultaneously with the issuance of such bonds or obligations. If sold, the purchase price may be paid at one time or in installments falling due over not more than 40 years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the leased or purchased property and to pay rentals or installments in amounts sufficient to pay principal of and interest and premium, if any, on all of its bonds and other obligations as such principal and interest become due.
Section 8. Provisions and obligations; remedies of bondholders; limitations and procedures. The obligations of any Authority evidenced by bonds, bond anticipation notes, trust indentures, deeds to secure obligations, security agreements or mortgages executed in connection therewith may contain such provisions not inconsistent with law as shall be determined by the board of directors of the Authority, and such instruments may provide for the pledging of all or any part of the revenues of the Authority, and for the mortgaging, encumbering or conveying of all or any part of its real or personal property; may convenant against pledging any or all of its revenues, income or charges; and may further provide for the disposition of proceeds realized from the sale of any bonds and bond anticipation notes, for the replacement of lost, destroyed, stolen, or mutilated bonds and notes, and for the payment and redemption of such bonds and notes. Undertakings of an Authority may prescribe the procedure by which bondholders and note holders may enforce rights against the Authority and provide for rights upon breach of any covenant, condition or obligation of the Authority, and bonds, resolutions, trust indentures, mortgages or deeds to secure obligations executed by an Authority and bond anticipation notes executed by an Authority may contain such provisions not otherwise contrary to law as the Authority shall deem necessary or desirable.
(a) The proceeds derived from the sale of any bonds or bond anticipation notes issued by an Authority shall be held and used for the ultimate purpose of paying, directly or indirectly as permitted in

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this Act, all or part of the cost of any project or for the purpose of refunding any bond anticipation notes issued in accordance with the provisions of this Act or refunding any previously issued bonds of the Authority.
(b) All bonds and bond anticipation notes issued by an Authority shall be revenue obligations of such Authority, and may be made payable out of any revenues or other receipts, funds or monies of the Authority, subject only to any agreements with the holders of other bonds or bond anticipation notes or to particular security agreements pledging any particular revenues, receipts, funds, moneys or other property.
(c) Issuance by any Authority of one or more series of bonds or bond anticipation notes for one or more purposes shall not preclude it from issuing other bonds or notes in connection with the same project or in connection with any other projects, but the proceeding wherein any subsequent bonds or bond anticipation notes shall be issued shall recognize and protect any prior pledge or mortgage made in any prior security agreement or made for any prior issue of bonds or bond anticipation notes, unless in the resolution authorizing such prior issue the right is expressly reserved to the Authority to issue subsequent bonds or bond anticipation notes on a parity with such prior issue.
(d) An Authority shall have the power and is hereby authorized, whenever revenue bonds of the Authority shall have been validated as provided in this Act, to issue, from time to time, its notes in anticipation of the issuance of such bonds as validated and to renew from time to time ^ny such notes by the issuance of new notes, whether the notes to be renewed have or have not matured. The Authority may issue notes only to provide funds which would otherwise be provided by the issuance of the bonds as validated. The notes may be authorized, sold, executed, and delivered in the same manner as bonds. As with its bonds, an Authority may sell such notes at public or private sale. Any resolution or resolutions authorizing notes of an Authority or any issue thereof may contain any provisions which an Authority is authorized to include in any resolution or resolutions authorizing bonds of an Authority or any issue thereof, and an Authority may include in any notes any terms, covenants, or conditions which it is authorized to include in any bonds. Validation of such bonds shall be a condition precedent to the issu-

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ance of such notes, but it shall not be required that such notes be judicially validated. Bond anticipation notes shall not be issued in an amount exceeding the par value of the bonds in anticipation of which they are to be issued.
(e) The interest rate on or rates to be borne by any bonds, notes or obligations issued by the Authority shall be fixed by the board of directors of the Authority and any limitations with respect to interest rates found in the Revenue Bond Law, or the usury laws of the State of Georgia, shall not apply to obligations issued under this Act.
(f) All revenue bonds issued by an Authority under this Act shall be issued and validated under and in accordance with the procedure therefor set forth in the Revenue Bond Law of the State of Georgia, as heretofore and hereafter amended, except as specifically set forth below in this subsection:
(1) Revenue bonds issued by an Authority may be in such form, either coupon or fully registered, or both coupon and fully registered, and may be subject to such exchangeability and transferability provisions, as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide;
(2) The signature of the clerk of the superior court in which any bonds are validated on the certificate of validation of such bonds may be affixed by facsimile or by a manual execution and such entry shall be original evidence of the fact of the validation of any bond and shall be received as original evidence in any court in this State;
(3) In lieu of specifying the rate or rates of interest which revenue bonds to be issued by an Authority are to bear, the notice to district attorney or Attorney General and the notice to the public of the time, place and date of the validation hearing may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest specified in such notices or that in the event the bonds are to bear different rates of interest for different maturity dates that none of such rates will exceed the maximum rate specified in the notices: Provided, however, that nothing contained herein shall be construed

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as prohibiting or restricting the right of the Authority to sell such bonds at a discount, even if in so doing the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices;
(4) The term "cost of project" shall have the meaning prescribed in subsection (g) of Section 3 whenever referred to in bond resolutions of an Authority, bonds and bond anticipation notes issued by an Authority, or notices and proceedings to validate such bonds.
Before issuing any bonds to finance any project the Authority shall obtain from the Qualified Sponsor of the project an undertaking that only Eligible Persons will be permitted to use or acquire any of the facilities constituting a part of said project or to enjoy or benefit from any of the services to be rendered in connection with any such project.
Section 9. Purposes of Act. The purposes of this Act are to develop and promote Residential Care Facilities for the Elderly and to develop and promote for the public good and general welfare trade, commerce, industry and employment opportunities and to promote the general welfare of the State. No bonds or bond anticipation notes except refunding bonds shall be issued by an Authority hereunder unless its board of directors shall adopt a resolution finding that the project for which such bonds or notes are to be issued will promote the foregoing objectives and will increase or maintain employment in the territorial area of such Authority. Nothing contained herein shall be construed as permitting any Authority created hereunder or any Qualified Sponsor to finance, construct or operate any project without obtaining any certificate of need or other approval, permit or license which, under the laws of the State of Georgia, is required in connection therewith.
Section 10. Construction of Act. The provisions hereof shall be liberally construed to effect the purposes hereof, and insofar as the provisions of this Act may be inconsistent with the provisions of any other law, including the charter of any municipal corporation, this Act shall be controlling. The sale or issuance of bonds by any Authority shall not be subject to regulation under the Georgia Securities Law or any other law. No proceeding or publication not herein required shall be necessary to the performance of any act herein authorized nor shall any such act be subject to referendum.

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Section 11. Bonds or obligations not to constitute public debt. No bonds or other obligations of and no indebtedness incurred by any Authority shall constitute an indebtedness or obligation of the State of Georgia or any county, municipal corporation or political subdivision thereof nor shall any act of any Authority in any manner constitute or result in the creation of an indebtedness of the State or any such county, municipal corporation or political subdivision. All such bonds and obligations shall be payable solely from the revenues therein pledged to such payment, including pledged rentals, sales proceeds, insurance proceeds and condemnation awards, and no holder or holders of any such bonds or obligations shall ever have the right to compel any exercise of the taxing power of the State or any county, municipal corporation or political subdivision thereof nor to enforce the payment thereof against any property of the State or any such county, municipal corporation or political subdivision.
Section 12. Constitutional authority for Act; tax exemption of Authorities, This Act is passed in order to provide for the elderly persons of this State adequate Residential Care Facilities for the Elderly and for the purpose of developing trade, commerce, industry and employment opportunities in this State which pursuant to the provisions of Article IX, Section VIII, Paragraph II of the Constitution is declared to be a public purpose vital to the welfare of the people of this State. Each Authority hereby created is created for nonprofit and public purposes, and it is hereby found, determined and declared that the creation of each such Authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of this State, that the Authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the powers conferred upon it by this Act and for such reasons, the State covenants with the holders from time to time of the bonds issued hereunder that such Authority shall be required to pay no taxes or assessments imposed by the State or any of its counties, municipal corporations, political subdivisions or taxing districts upon any property acquired by the Authority or under its jurisdiction, control, possession or supervision or leased by it to others, or upon its activities in the operation or maintenance of any such property or on any income derived by the Authority in the form of fees, recording fees, rentals, charges, purchase price, installments or otherwise, and that the bonds of such Authority, their transfer and the income therefrom shall at all times

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be exempt from taxation within the State. The tax exemption herein provided shall not include any exemption from sales and use tax on property purchased by the Authority or for use by the Authority.
Section 13. Moneys Received by Authority to Be Deemed Trust Funds. All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds or other obligations, as grants or other contributions, or as revenues and earnings, shall be deemed to be trust funds, to be held and applied solely as provided herein. The Authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds and earnings and revenues to be received to any Officer, who, or any agency, bank or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to the provisions of this Act and the provisions of any such resolution or any trust indenture.
The Authority may pledge for the payment of its bonds such assets, funds and properties as the resolution providing for the issuance of its bonds may provide. Any such pledge made by the Authority shall be valid and binding from the time when the pledge is made; the moneys or properties so pledged and thereafter received by the Authority shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act; and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind against the Authority, irrespective of whether such parties have notice thereof. No resolution or any other instrument by which a pledge is created need be recorded.
Section 14. Severability. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof. It is hereby declared that the remaining parts of this Act would have been passed if it had been known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

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Section 15. Effective Date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 16. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved April 2, 1980.

EXPENSES OF MEMBERS OF SELECT COMMITTEE ON CONSTITUTIONAL REVISION.
No. 120 (House Resolution No. 159-621).
A RESOLUTION
Amending a Resolution creating the Select Committee on Constitutional Revision, approved March 30, 1977 (Ga. Laws 1977, p. 1528), as amended by a Resolution approved April 6, 1978 (Ga. Laws 1978, p. 2134), so as to change the provisions relative to allowances for members of study committees; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. A Resolution creating the Select Committee on Constitutional Revision, approved March 30, 1977 (Ga. Laws 1977, p. 1528), as amended by a Resolution approved April 6, 1978 (Ga. Laws 1978, p. 2134), is hereby amended by striking from the fifth paragraph the following:
"Such reimbursement shall come from the same funds from which such person is otherwise compensated.",
and inserting in lieu thereof the following:

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"Except as hereinafter provided, such reimbursement shall come from the same funds from which such person is otherwise compensated. In the event such person is not paid from state funds, such reimbursement shall come from funds provided for the Legislative Branch of Government.",
so that when so amended said fifth paragraph shall read as follows:
"Members of the General Assembly on the Committee shall receive the allowances authorized by law for legislative members of interim legislative committees. The other members of the Committee shall receive no compensation or allowances for their services but shall be reimbursed for their expenses incurred in carrying out their duties. Such reimbursement shall come from the same funds from which they are otherwise compensated. Members of the General Assembly on study committees shall receive the allowances authorized by law for legislative members of interim legislative committees. In the event any person covered under the provisions of (b) or (c) of Code Section 26-2309 serves as a member of a study committee, such person shall receive no compensation or allowances for his services but shall be reimbursed for his expenses incurred in carrying out his duties. Except as hereinafter provided, such reimbursement shall come from the same funds from which such person is otherwise compensated. In the event such person is not paid from state funds, such reimbursement shall come from funds provided for the Legislative Branch of Government. All other members of study committees shall receive the allowances authorized by law for legislative members of interim legislative committees. Except as otherwise provided, all expenditures authorized herein and all funds which are necessary to effectuate the purposes of this Resolution shall come from the funds provided for the Legislative Branch of Government. The provisions of any other law to the contrary notwithstanding, neither the payment nor the receipt of any allowances from legislative funds pursuant to the provisions of this Resolution shall constitute a violation of any law."
Section 2. This Resolution shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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Section 3. All laws and parts of laws in conflict with this Resolution are hereby repealed.
Approved April 2, 1980.

SERVICES FOR THE AGED STUDY COMMITTEE CREATED.
No. 132 (House Resolution No. 494-1306).
A RESOLUTION
Creating the Services for the Aged Study Committee; and for other purposes.
WHEREAS, House Resolution 77-311 of the regular 1979 session of the Georgia General Assembly created a Services for the Aged Study Committee to function during 1979; and
WHEREAS, the Services for the Aged Study Committee during 1979 engaged in a number of activities to assess the needs of the elderly and the adequacy of existing programs to meet these needs and prepared a comprehensive report with recommendations for needed action by the state; and
WHEREAS, members of the Services for the Aged Study Committee recognized that the committee work during 1979 was only a small beginning toward developing a comprehensive program of services for the aged in Georgia; and
WHEREAS, based on the work performed by the Services for the Aged Study Committee during 1979, the General Assembly recognizes the need for continued study of services for the aged, especially in the areas of: taxation, transportation, home care and social services, mandatory retirement laws, nursing homes, health care, crimes against the elderly laws, housing and energy, employment,

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recreation, education, gerontological and geriatric training, protective services, and clarification of federal and state rules and regulations; and
WHEREAS, continued examination of aging service programs in both the public and private sectors is needed so as to make meaningful recommendations for improving and expanding services and legislation in the above areas; and
WHEREAS, meeting the needs of Georgia's elderly citizens is of utmost importance, requiring optimum legislative input and study; and
WHEREAS, the Services for the Aged Study Committee serves as an important link between Georgia's elderly citizens and members of the General Assembly, thus providing a mechanism whereby those elderly citizens may air their concerns and grievances and propose constructive suggestions for meeting the needs of the increasing numbers of elderly in the state; and
WHEREAS, continuity of membership on the Services for the Aged Study Committee is necessary to avoid unnecessary reconsideration of problems already dealt with by the committee and to provide a demonstrated familiarity and concern with the problems of the aged.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the Services for the Aged Study Committee to be composed of seven members of the Senate to be appointed by the President of the Senate and seven members of the House to be appointed by the Speaker of the House. The Speaker of the House shall appoint the chairman of the committee, and the President of the Senate shall appoint the vice chairman of the committee. The committee shall meet upon the call of the chairman.
BE IT FURTHER RESOLVED that the committee shall be authorized to study and review existing programs serving the elderly and the means by which improved services can be developed, to prepare legislation necessary to improve on existing services, and to study budget proposals necessary to improve on existing services and to implement such improved services. The committee is further

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authorized to conduct meetings at such places, including places without the state, and at such times as it considers expedient and to do all other things consistent with this resolution which are necessary or convenient to enable it to exercise fully and adequately its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the compensation and allowances provided by law for legislative members of interim legislative committees but shall receive the same for not more than 15 days. The funds necessary to carry out the provisions of this resolution shall come from funds appropriated to or available to the legislative branch of government. The committee shall publish its findings in a report and shall submit such report to the General Assembly not later than January 1, 1981, at which time the committee shall stand abolished. Such report shall contain needs of the aged along with recommendations as to how to facilitate participation of the aged in any new or standing programs.
Approved April 2, 1980.

LAND CONVEYANCE TO CLIFFORD W. SMITH
No. 133 (House Resolution No. 507-1312).
A RESOLUTION
Authorizing the conveyance of certain State-owned real property located in Gordon County, Georgia, to Mr. Clifford W. Smith; to repeal conflicting laws; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain real property located in the City of Calhoun, Gordon County, Georgia; and
WHEREAS, said real property is described as follows;
"All that certain tract or parcel of land situate, lying and being in the City of Calhoun, Georgia, and in Land Lot 206 of the 14th

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District of Gordon County, Georgia, and being more particularly described as follows, to wit:
"To find the POINT OF BEGINNING, begin at a point formed by the intersection of the easterly right-of-way line of King Street with the southerly right-of-way line of Court Street; running thence easterly south 82 degrees 54 minutes east along the southerly rightof-way line of Court Street a distance of 80 feet, more or less, to an iron pin set, the POINT OF BEGINNING; thence running southerly 18 degrees 57 minutes west a distance of 279.4 feet, more or less, to an iron pin set on the northerly right-of-way line of Oothcalooga Street; thence running southerly 75 degrees 55 minutes east along the northerly right-of-way line of Oothcalooga Street a distance of 38 feet, more or less, to an iron pin set in the northerly right-of-way line of Oothcalooga Street; thence running northerly a distance of 270 feet, more or less, to the POINT OF BEGINNING.";
and
WHEREAS, the State of Georgia currently has the abovedescribed property leased to the Louisville and Nashville Railroad Company until December 31,1994; and
WHEREAS, Mr. Clifford W. Smith owns property adjoining the above-described property; and
WHEREAS, Mr. Clifford W. Smith is desirous of obtaining all of the above-described real property.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That the State of Georgia is the owner of the abovedescribed real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through the State Properties Commission.
Section 2. That the conveyance of the above-described real property shall be conditioned upon the lessee of the Western and Atlantic Railroad, the Louisville and Nashville Railroad Company, conveying its interest in said property to the State of Georgia by appropriate instrument.

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Section 3. That, notwithstanding Resolution Act No. 47 passed by the 1979 Regular Session of the Georgia General Assembly and approved by the Governor on April 19, 1979 (Ga. Laws 1979, p. 1363), the above-described real property shall be sold and conveyed by appropriate instrument to Mr. Clifford W. Smith by the State of Georgia, acting by and through the State Properties Commission, for a consideration of five thousand, one hundred and thirty dollars ($5,130) and upon such further considerations and provisions as directed by the State Properties Commission.
Section 4. That, for purposes of compliance with the provisions of Code Section 91-403A(b)(4) requiring that a conveyance of real property by the State be filed with the Secretary of State and accompanied by a plat of the property conveyed, the plat of the property, the conveyance of which is authorized by this Resolution, currently on file with the State Properties Commission shall constitute an acceptable plat for filing with the Secretary of State.
Section 5. That this Resolution shall become effective upon its approval by the Governor or upon its becoming law without his approval, and in accordance with the provisions hereof.
Section 6. That all laws and parts of laws in conflict with this Resolution are hereby repealed.
Approved April 2, 1980.

JOINT EMERGENCY MEDICAL SERVICES STUDY COMMITTEE CREATED.
No. 136 (House Resolution No. 514-1350).
A RESOLUTION
Creating the Joint Emergency Medical Services Study Committee; and for other purposes.

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WHEREAS, House Resolution 171-710 of the 1979 regular session of the Georgia General Assembly created a Joint Emergency Medical Services Study Committee; and
WHEREAS, the committee conducted extensive hearings to investigate numerous problems in the delivery of emergency medical services in this state and prepared a comprehensive report with recommendations for needed action by the state; and
WHEREAS, members of the committee recognized that the committee work during 1979 was a significant but as yet incomplete response to the problems of emergency medical services in the state; and
WHEREAS, based on the work performed by the committee during 1979, the General Assembly recognizes the need for continued study of the delivery of emergency medical services in the state to resolve some of the problems raised by the committee but not yet having any proposed solutions; and
WHEREAS, continuity of membership on the committee is necessary to avoid unnecessary reconsideration of problems already dealt with by the committee and to provide a demonstrated familiarity and concern with the delivery of emergency medical services.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that there is hereby created the Joint Emergency Medical Services Study Committee to be composed of 14 members as follows: four members of the Senate who shall be appointed by the President of the Sertate; four members of the House of Representatives who shall be appointed by the Speaker of the House of Representatives; three citizens of the state to be appointed by the President of the Senate, one of whom shall be a representative of private ambulance providers and one of whom shall be a representative of public ambulance providers; and three citizens of the state to be appointed by the Speaker of the House of Representatives, one of whom shall be a representative of private ambulance providers and one of whom shall be a representative of public ambulance providers. The chairman of the committee shall be appointed by the Speaker of the House of Representatives, and the vice-chairman shall be appointed by the President of the Senate.

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BE IT FURTHER RESOLVED that the Department of Human Resources and the Department of Transportation are authorized to furnish such assistance to the committee as the committee deems appropriate. State officials and employees assisting the committee shall receive no compensation for their services, but they shall be reimbursed for expenses incurred by them in the performance of such duties in assisting the committee. The funds necessary for the reimbursement of these officials and employees shall come from funds appropriated or otherwise available to the respective departments.
BE IT FURTHER RESOLVED that the committee is authorized to conduct meetings at such places and at such times as it considers expedient to insure the effective delivery of emergency medical services in this state and to do all other things consistent with this resolution which are necessary or convenient to enable it to exercise fully and adequately its powers, perform its duties, and accomplish its objectives. The chairman of the committee is further authorized to create subcommittees to investigate particular problem areas. Each legislative member and each citizen member shall receive for his service on the committee the expenses and allowances authorized by law for members of interim legislative committees, but no member of the committee shall receive the same for more than 15 days. Funds necessary to carry out the provisions of this resolution, except as otherwise herein provided, shall come from funds appropriated or otherwise available to the legislative branch of government. The committee shall make a report of its findings and recommendations on or before December 15, 1980, at which time the committee shall stand abolished.
Approved April 2, 1980.

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EASEMENT TO LOUISVILLE & NASHVILLE RAILROAD COMPANY.
No. 141 (House Resolution No. 574-1539).
A RESOLUTION
To authorize the State of Georgia, acting by and through the State Properties Commission, to release and convey an easement in certain property to the Louisville & Nashville Railroad Company; and for other purposes.
WHEREAS, the Louisville & Nashville Railroad Company (hereinafter, "L & N") is the owner of a parcel of real property, known as the wye property, located in the City of Kingston, Bartow County, Georgia; and
WHEREAS, the State of Georgia is the owner of an easement in said wye property for the use of said wye property in connection with the operation of the Western & Atlantic Railroad (hereinafter, "W & A"): and
WHEREAS, said easement has been leased to the L & N, as a part of the W & A, under and pursuant to that certain March 4, 1968, effective December 27, 1969, Lease Contract between the State of Georgia and the L & N (Ga. Laws 1968, p. 54); and
WHEREAS, the trackage on said wye property has been retired and the wye property is no longer used in connection with the operation of the W & A; and
WHEREAS, therefore the easement of the State of Georgia in said wye property is no longer needed by or useful to the State of Georgia; and
WHEREAS, the L & N has requested a release of said easement by the State of Georgia in order that the L & N may freely sell or otherwise dispose of the wye property.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA:
Section 1. That the State of Georgia is the owner of an easement in a certain parcel of real property, located in Kingston, Bartow County, Georgia and known as the wye property, which property is identified as Parcel 16 on Map No. B2/27 of the W & A Valuation Maps which are filed in the Georgia Department of Archives and History, Archives and Records Building, Atlanta, Fulton County,

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Georgia and is also identified as Parcel 17 on Map 302/27R of the maps on file in the records of the L & N.
Section 2. That said easement has been leased to the L & N as a part of the W & A under that certain March 4, 1968, effective December 27, 1969 Lease Contract between the State of Georgia and the L & N.
Section 3. That the trackage on the wye property has been retired and the easement of the State of Georgia in the wye property is no longer needed in connection with the operation of the W & A.
Section 4. That the State of Georgia, acting by and through the State Properties Commission, is hereby authorized and empowered to release the easement of the State of Georgia to the L & N for TEN DOLLARS ($10.00) and other good and valuable consideration.
Section 5. That this resolution shall become effective as law upon its approval by the Governor of the State of Georgia or upon its becoming law with his approval.
Approved April 2, 1980.

LEASE OF REAL ESTATE TO SPARTAN RADIOCASTING COMPANY.
No. 142 (House Resolution No. 586-1591).
A RESOLUTION
Authorizing an easement and a lease agreement between the State of Georgia and the Spartan Radiocasting Company relative to certain State-owned real property located in Rabun County, Georgia; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain real property located in Rabun County, Georgia, Black Rock Mountain

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State Park, which is currently under the control and jurisdiction of the Department of Natural Resources; and
WHEREAS, said real property is more particularly described as follows:
"A tract of land located in Rabun County, Georgia, which tract of land is more particularly described as follows:
"TO FIND THE POINT OF BEGINNING, commence at a point that is common to Land Lots 47, 48, 65, and 66 of Rabun County, Georgia; and thence 1,100 feet along a line running north 29 degrees 45 minutes west to an iron pin, which point is the POINT OF BEGINNING of said tract; thence north 28 degrees, 00 minutes east 25 feet to an iron pin; thence north 62 degrees, 00 minutes west 25 feet to an iron pin; thence south 28 degrees, 00 minutes west 25 feet to an iron pin; thence south 62 degrees 00 minutes east 25 feet to an iron pin and the POINT OF BEGINNING;"
and
WHEREAS, the State of Georgia was authorized by an Act of the General Assembly (Ga. Laws 1964, p. 160) to enter into a lease and easement agreement with the Spartan Radiocasting Company to locate a television translator on the above described tract of land located in Black Rock Mountain State Park; and
WHEREAS, the original lease and easement agreement was extended by an Act of the General Assembly (Ga. Laws 1969, p. 1116), for a term of five years, with the right of renewal for an additional five-year period, which term expired April 30, 1979; and
WHEREAS, the Department of Natural Resources granted Spartan Radiocasting Company a revocable license to maintain its facilities on the above-described site through April 30, 1980; and
WHEREAS, the existing equipment presently located on Stateowned land is expected to remain functional for approximately ten more years; and
WHEREAS, the Spartan Radiocasting Company is desirous of obtaining said tract of land for an additional term.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA:
Section I. That the State of Georgia is the owner of the abovedescribed real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through the State Properties Commission.
Section 2. That the above-described real property shall be leased to the Spartan Radiocasting Company by the State of Georgia, acting by and through the State Properties Commission, for a consideration of two hundred fifty dollars ($250) annually and for a term that will expire April 30, 1990, and upon such further terms, conditions and provisions as directed by the State Properties Commission and the State Properties Commission is hereby authorized and empowered to do all necessary acts to effect such conveyance.
Section 3. That the lease agreement made by and between the State of Georgia and the Spartan Radiocasting Company shall be subject to a renewal term at the request of Spartan Radiocasting Company, not to extend beyond April 30, 1995, for a consideration of three hundred fifty dollars ($350) annually and under the same terms and conditions as the above mentioned lease agreement.
Section 4. That the State of Georgia, acting by and through the State Properties Commission, is authorized to grant an easement for the maintenance of the existing power outlet and to provide ingress and egress to the above-described tract of land provided said easement shall terminate with the termination of the lease, and upon such further terms, conditions, provisions and consideration as directed by the State Properties Commission and the Department of Natural Resources.
Section 5. That at the expiration or termination of the lease agreement, all rights to the above-described tract of land revert to the State of Georgia and the Lessee shall remove, at his own expense, all personal property installed upon said tract of land under the terms of the lease and easement agreement. The Lessee shall not make any capital improvements to the facilities currently located on the above-described tract of land or on the land under said easement. However, the Lessee may make such repairs to the facilities as necessary to maintain the present quality of service during the term of the lease and any renewal thereof.

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Section 6. That, for purposes of compliance with the provisions of Code Section 91-403A(b) (4) requiring that a conveyance of real property by the State be filed with the Secretary of State and accompanied by a plat of the property conveyed, the plat of the property, the conveyance of which is authorized by this resolution, currently on file with the State Properties Commission shall constitute an acceptable plat for filing with the Secretary of State.
Section 7. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without his approval, and in accordance with the provisions hereof.
Section 8. That all laws and parts of laws in conflict with this resolution are hereby repealed.
Approved April 2, 1980.

JOINT LOCAL MENTAL HEALTH AND MENTAL RETARDATION GOVERNANCE STUDY COMMITTEE.
No. 143 (House Resolution No. 589-1600).
A RESOLUTION
Creatine the Joint Local Mental Health and Mental Retardation Governance Study Committee; and for other purposes.
WHEREAS. Georgia Code Section 88-2 invests responsibility in the countv boards of health for the eovernance of local services to the mentally ill. the mentally retarded, and persons abusing alcohol and other drugs: and
WHEREAS, the boards of health in 27 counties provide services to the remaining 132 counties through contract, thereby accepting a disproportionate share of the liability for such services; and

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GENERAL ACTS AND RESOLUTIONS, VOL. I

WHEREAS, as of December 19, 1979, county governing authorities contributed only 7 percent or $6,245,719.00 of a total dollar investment of $90,510,937.00; and
WHEREAS, county boards of health services to the mentally ill, mentally retarded, and alcohol and drug abusers are controlled to a large extent by Department of Human Resources and United States Department of Health, Education, and Welfare policies, standards, and rules and regulations; and
WHEREAS, recent trends in deinstitutionalization of formerly hospitalized persons have resulted in an increased pressure on county governments to create new services; and
WHEREAS, one county board of health has terminated its responsibility for mental health, mental retardation, and alcoholism and drug abuse services out of concern for its liability, thereby causing the Division of Mental Health and Mental Retardation in the Department of Human Resources to assume responsibility with the approval of the Governor as provided in Georgia Code Section 88615;and
WHEREAS/ other county boards of health have voiced concern about matters relating to local governance, local liability, and local management.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created a Joint Local Mental Health and Mental Retardation Governance Study Committee to be composed of nine members to be selected as follows: three members of the Senate who shall be appointed by the President of the Senate; three members of the House of Representatives who shall be appointed by the Speaker of the House of Representatives; and three members appointed by the Governor from the citizenry at large. The joint committee shall study the problems relating to the governance of local programs for the mentally ill, the mentally retarded, and alcohol and drug abusers and make recommendations to the General Assembly relative to needed legislation. The joint committee is further authorized to conduct meetings at such places, including places without the state, and at such times as it considers expedient and to do all other things consistent to enable it to fully and adequately exercise its powers, perform its duties, and

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accomplish the objectives and purposes of this resolution. The Department of Human Resources is authorized to furnish such assistance to the committee within the capabilities of the department. Each member of the General Assembly serving as a member of the joint committee shall receive for his services on the joint committee the expenses and allowances authorized by law for members of interim legislative committees but shall receive the same for not more than ten days. Citizens appointed by the Governor to membership on the committee shall be reimbursed for their services by the Department of Human Resources in the same manner as the department reimburses members of the Governor's Advisory Council on Mental Health and Mental Retardation but shall receive the same for not more than ten days. The joint committee shall make a report of its findings and recommendations, with suggestions for proposed legislation, if any, to the 1981 session of the General Assembly on or before December 31, 1980, at which time the joint committee shall stand abolished.
Approved April 2, 1980.

LAND CONVEYANCES AUTHORIZED.
No. 145 (House Resolution No. 621-1612).
A RESOLUTION
Authorizing the conveyance by the State of Georgia, acting by and through the State Properties Commission, of certain real property owned by the State of Georgia; and for other purposes.
WHEREAS, the State of Georgia is the owner of thirteen certain parcels of real property, none of which parcels exceeds four (4) acres in area, located in the counties of Fulton, Bartow, Gordon, Whitfield and Catoosa (said parcels being hereinafter collectively referred to as the "property"); and

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GENERAL ACTS AND RESOLUTIONS, VOL. I

WHEREAS, the property is a part of the real property comprising the Western and Atlantic Railroad (hereinafter the "W&A"), but is not currently leased as a part of said W&A to the Louisville & Nashville Railroad Company (hereinafter the "L&N") under that certain March 4, 1968, effective December 27, 1969, lease between the State of Georgia and the L&N (Georgia Laws 1968, p. 54); and
WHEREAS, the property consists of abandoned railroad rightof-way and parcels improved by old section farm houses no longer needed in the operation of a modern railroad; and
WHEREAS, the property is identifiable as those parcels on the W&A Valuation Maps filed in the Georgia Department of Archives and History, Archives and Records Building, Fulton County, Atlanta, Georgia, which were not leased to the L&N under said March 4, 1968, Lease; and
WHEREAS, a list of the thirteen parcels is attached hereto as EXHIBIT "A" and made a part of this Resolution; and
WHEREAS, the property is currently under the custody and control of the State Properties Commission; and
WHEREAS, the property is no longer useful to or needed by the State of Georgia and therefore is surplus.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA:
Section 1. That the State of Georgia is the owner of the abovedescribed property, which property is not needed by the State of Georgia and is therefore surplus.
Section 2. That the State of Georgia, acting by and through the State Properties Commission, is hereby authorized to convey any or all of the property, by sale or by lease to such purchaser or purchasers and/or lessee or lessees and upon such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
Section 3. That the State Properties Commission is hereby authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

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Section 4. That this Resolution shall become effective as law immediately upon its approval by the Governor or upon its becoming law without his approval.
EXHIBIT "A"
WESTERN AND ATLANTIC (W&A) RAILROAD SURPLUS PROPERTY

W&V ALUATION MAP NUMBER AND PARCEL

APPROXIMATE SIZE

FORMER RAILROAD USE

FULTON COUNTY SURPLUS PROPERTY

h V1/S1A Fairlie Street R/W to 110's
of Bartow St. R/W

900'xl5' (Avg. 30'-0')
(.3 acre)

W&A R/W in Old Yard

2. 301/S2A parcel No. 3

23.787.8 sq. ft. (.55 acre)

Old Section Farm

BARTOW COUNTY SURPLUS PROPERTY

3. V2/S21 (2 parcels)

327'x58' (.435 acres) Part of Old Depot 323'x98'(.727 acre) Lot in Cartersville

4. V2/24 Parcel No. 2

4.6 it acres

Old W&A Section Farm

5. V2/{6

1.5 acre

Old W&A Section Farm

6. V2/27 Parcel No. 4

505'xl38'

Old Kingston Depot Property

7. V2/29

215'x50' (.25 acre) Old Depot Lot in Halls, Georgia

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GENERAL ACTS AND RESOLUTIONS, VOL. I

GORDON COUNTY SURPLUS PROPERTY

8. V2/37 Parcel No. 3

1.9 acres

Part of Old Depot Operation in
Calhoun, Georgia

9. V2/40 Parcels Nos. 5 and 6

66'x3400'

OldW&AR/W

10. V2/41 Parcel No. 2

214.3x214.3/9 (1.05 acre)

Old W&A Section Lot

W/A RAILROAD SURPLUS PROPERTY -Ipage 2

W&A VALUATION MAP NUMBER AND PARCEL

APPROXIMATE SIZE

FORMER RAILROAD USE

WHITFIELD COUNTY SURPLUS PROPERTY

11. V2/41 Parcels Nos. 5, 6, and 7

66'x6500'

OldW&AR/W

12. V2/46

544.5'x80'(1 acre)

Old W&A Section Lot

CATOOSA COUNTY SURPLUS PROPERTY

13. V2/52

4 acres

Old W&A Section Farm

Approved April 2, 1980.

GEORGIA LAWS 1980 SESSION

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ANDERSONVILLE TRAIL DESIGNATED.
No. 147 (House Resolution No. 632-1630).
A RESOLUTION
Designating the "Andersonville Trail"; and for other purposes.
WHEREAS, on land near Andersonville a prison was located wherein persons captured by the Southern armies during the American Civil War were incarcerated; and
WHEREAS, on this site, because of conditions which overwhelmed the people on all sides, great suffering occurred which was incapable of being relieved; and
WHEREAS, this experience increases the national conscience and symbolizes national history of profound significance, touching on all sections and upon every generation; and
WHEREAS, it is desirable to designate a convenient route to assist the increasing numbers of Americans who regularly seek to visit Andersonville each year and to encourage all Americans to see this historic monument which is one of the most enduring in Georgia and the nation.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the following is designated as the Andersonville Trail: Georgia Highway 127 from its point of intersection with U. S. Interstate Highway 75 west to its intersection with Georgia Highway 49; Georgia Highway 49 from said point of intersection through Marshallville, Montezuma, Oglethorpe, Andersonville, and Americus to its point of intersection with U. S. Highway 280; U. S. Highway 280 west from said point of intersection to Plains; U. S. Highway 280 east from Plains through Americus, Leslie, DeSoto, Cobb and across Lake Blackshear and through Cordele to its point of intersection with U. S. Interstate Highway 75.
Approved April 2, 1980.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

RESOLUTION AUTHORIZING EXCHANGE OF LAND WITH CHARLES C. BARTON AND GEORGE H. JOHNSON REPEALED.
No. 148 (House Resolution No. 718-1716).
A RESOLUTION
To repeal a resolution authorizing the conveyance of certain real property in Fulton County, Georgia, in exchange for certain other real property located in Fulton County, Georgia; and for other purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that a resolution authorizing the conveyance of certain real property in Fulton County, Georgia, owned by the State Department of Transportation in exchange for certain other real property located in Fulton County, Georgia, owned by Charles C. Barton and George H. Johnson, approved April 28, 1969 (Ga. Laws 1969, p. 1069), is hereby repealed in its entirety.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an appropriate copy of this resolution to the executive director of the State Properties Commission.
Approved April 2. 1980.

GEORGIA LAWS 1980 SESSION

1501

LAND CONVEYANCE TO CAMDEN COUNTY, ETC.
No. 149 (House Resolution No. 722-1739).
A RESOLUTION
Authorizing the conveyance of certain State-owned real property located within Camden County, Georgia, to Camden County and to the Georgia Department of Transportation.
WHEREAS, the State of Georgia is the owner of certain real property within Camden County, Georgia, commonly known as the McIntosh Sugar Mill Ruins; and
WHEREAS, said real property, now administered by the Department of Natural Resources, comprises approximately 74.20 acres, more or less, and is more particularly described as follows:
Lying in the 29th G.M. District, Camden County, Georgia and being all that tract or parcel of land known as the McIntosh Sugar Mill Ruins (formerly known as the Santa Maria State Park) together with those tracts or parcels of land now being used as the rights-ofways of State Route 40 Spur and Kings Bay Road, and containing in the aggregate 74.20 acres, more or less, and more particularly described as follows: To find the true POINT OF BEGINNING, begin at a point formed by the intersection of the centerline of Kings Bay Road and the westerly right-of-way line of State Route 40 Spur; thence proceed S 1 13' 06" E a distance of 500.5 feet along the westerly right-of-way line of State Route 40 Spur to a concrete marker, said marker being the true POINT OF BEGINNING; thence running N 88 55' 21" W a distance of 1,497.74 feet to a concrete marker; thence running N0 42' 16" W a distance of 1,998.43 feet to a concrete marker; thence running N 88 27' 32" E a distance of 1,478.66 feet to a point on the westerly right-of-way line of State Route 40 Spur; thence continuing N 88 27' 32" E a distance of 100 feet to a point on the easterly right-of-way line of State Route 40 Spur; thence running S 1 13' 06" E along the easterly right-of-way line of State Route 40 Spur, a distance of 2,066.62 feet, more or less to a point; thence running N 88 55' 21" W a distance of 100 feet to the POINT OF BEGINNING. Said property bounded on the north and south by lands now or formerly owned by ITT Rayonier, on the west by lands now or formerly

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GENERAL ACTS AND RESOLUTIONS, VOL. I

owned by ITT Rayonier and Fitzhugh K. Powell, and on the east by lands of the United State of America. Said property is further described in a plat compiled by ]. H. Eve, Registered Surveyor, License Number 135, dated January 11, 1980, redrawn January 29, 1980, labeled plat of Santa Maria State Park and on file with the Department of Natural Resources.
WHEREAS, all of the above described real property is no longer needed by the Department of Natural Resources or the State of Georgia, and therefore has been declared surplus by the Board of Natural Resources; and
WHEREAS, the County of Camden is desirous of obtaining a portion of said real property for park, recreation, and related purposes beneficial to the public, and
WHEREAS, the Georgia Department of Transportation is desirious of obtaining those portions of said property being used as rights-of-ways for State Route 40 Spur and Kings Bay Road as shown on a plat compiled by J. H. Eve, Registered Surveyor, on file with the Department of Natural Resources.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Properties Commission, by its chairman, the Governor, acting on behalf of and in the name of the State of Georgia, is hereby authorized to convey, by appropriate instruments to Camden County and the Georgia Department of Transportation all of the hereinabove described State-owned real property, subject to the following stipulations:
(1) that the consideration for said real property to be conveyed to Camden County shall be the sum of TEN AND NO/100 DOLLARS ($10.00); and
(2) that the consideration for said real property to be conveyed to the Georgia Department of Transportation shall be TEN AND NO/100 DOLLARS ($ 10.00); and
(3) that the portion of said real property to be conveyed to Camden County and that portion of said real property to be conveyed to the Georgia Department of Transportation presently being used as the right-of-way of Kings Bay Road,

GEORGIA LAWS 1980 SESSION

1503

shall be conveyed by Warranty Deed subject to all outstanding recorded interests and that the portion of said real property to be conveyed to the Georgia Department of Transportation presently being used as the right-of-way of State Route 40 Spur, shall be conveyed by Quit Claim Deed; and
(4) that the documents conveying said real property shall be approved by the Georgia Board of Natural Resources and the State Properties Commission.
Be it further resolved, that for purposes of compliance with the provisions of Code Section 91-403A (b) (4) requiring that a conveyance of real property by the State be filed with the Secretary of State and accompanied by a plat of the property conveyed, the plat of the property, the conveyance of which is authorized by this Resolution, currently on file with the Department of Natural Resources shall constitute an acceptable plat for filing with the Secretary of State.
Approved April 2, 1980.

PORTRAIT OF HONORABLE GEORGE T. SMITH.
No. 150 (House Resolution No. 750-1772).
A RESOLUTION
Recognizing the outstanding record of service of Honorable George T. Smith, Judge, Court of Appeals; and for other purposes.
WHEREAS, Honorable George T. Smith, Judge, Court of Appeals of the State of Georgia, was born October 15, 1916, in Mitchell County, Georgia, and attended grammar school and high school in Mitchell County, graduating from high school with top honors in his class; and
WHEREAS, while he was in high school, due to the illness of his father, he was forced to quit school for several years in order to

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GENERAL ACTS AND RESOLUTIONS, VOL. I

assume responsibility for the operation of his father's farm, which delayed his graduation from high school until he was 21 years of age; and
WHEREAS, in 1938 he enrolled at Middle Georgia College but transferred to Abraham Baldwin Agricultural College at Tifton after his first quarter; and
WHEREAS, due to a lack of finances, he was forced to work while attending college but still participated in extracurricular activities, being elected President of the Student Body, President of the Student Council, President of the Saddle and Sirloin Club, President of the FFA Chapter, President of his Sunday school class, and President of the Vespers Group; and
WHEREAS, upon the completion of his work at Abraham Baldwin, he volunteered for the U. S. Navy in 1940 and in 1941 became Ensign George T. Smith; and
WHEREAS, he was discharged in 1945 with the rank of Lieutenant Commander, having been awarded three War Theater ribbons, the Secretary of Navy Citation, and the Victory Medal; and
WHEREAS, after being discharged from the Navy, he enrolled at the University of Georgia Law School and, by attending school without a break, he graduated in 1947 and that same year began the practice of law at Cairo, Georgia; and
WHEREAS, he has served as President of the Abraham Baldwin Alumni Society and Vice President of the University of Georgia Alumni Society; and
WHEREAS, in addition to his private law practice, he served as Grady County Attorney, Grady County Board of Education Attorney, Cairo City Attorney, and Solicitor of the City Court of Cairo; and
WHEREAS, in 1958 he was elected to the House of Representatives from Grady County where he served for eight years, during which time he was Chairman of the House Appropriations Committee and a member of the Judiciary, State of Republic, and University of Georgia Committees; and

GEORGIA LAWS 1980 SESSION

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WHEREAS, in 1963 he was elected Speaker of the House of Representatives, a position he held until 1966 when he was elected Lieutenant Governor of the State of Georgia; and
WHEREAS, after his service as Lieutenant Governor, he returned to the private practice of law in the Atlanta area and in 1976 was elected to a six-year term as a Judge of the Court of Appeals; and
WHEREAS, during his career he has devoted many hours of service to civic and professional organizations, including bar associations, the Cancer Fund, the Community Chest, the American Legion, the Veterans of Foreign Wars, the Boy Scouts, the Georgia Baptist Children's Home, and the Kiwanis Club, serving as District Governor of Georgia Kiwanis in 1960; and
WHEREAS, in addition to his duties as a judge, he still has time to serve as Chairman of the Government Affairs Committee of the National Arthritis Foundation and as a member of the Board of Directors and a member of the Executive Committee; and
WHEREAS, during his service in the U. S. Navy, he married Eloise Taylor who was also a resident of Grady County, and his charming wife taught school in order to assist him in finishing his law school studies at the University of Georgia; and
WHEREAS, he is the only person to serve both as Speaker of the House of Representatives and Lieutenant Governor, the only person in modern times to serve as presiding officer of both the House of Representatives and the Senate, and the only person in Georgia history to win contested elections to serve in all three branches of state government, the legislative, the executive, and the judicial; and
WHEREAS, his record of service is unparalleled, and it is only fitting and proper that he be honored for his outstanding contributions to his state.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that sincerest congratulations are hereby extended to Honorable George T. Smith, Judge, Court of Appeals, and in recognition of his outstanding record of service this body directs that a portrait of Judge Smith be displayed in the State 48

1506

GENERAL ACTS AND RESOLUTIONS, VOL. I

Capitol Building with an appropriate ceremony relative thereto to be held in the rotunda of the State Capitol Building on a date to be set by the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby directed to transmit an appropriate copy of this resolution to Judge George T. Smith, to the Governor, to the Lieutenant Governor, and to the Speaker.
Approved April 2, 1980.

LAND CONVEYANCE TO VICTORY TEMPLE.
No. 152 (House Resolution No. 756-1778).
A RESOLUTION
Authorizing the conveyance by the Board of Regents of certain state-owned property located within Bartow County to the Victory Temple; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain real property in Bartow County, Georgia, which is presently held in the name of the Board of Regents of the University System of Georgia; and
WHEREAS, the property contains approximately 1.89 acres and is more particularly described as follows:
"All that lot, tract or parcel of land situate, lying and being in Land Lot 96, 4th District, 3rd Section, Bartow County, Georgia, being more particularly described as follows:
`BEGINNING at the northwest corner of Land Lot 96, being the common corner with the northeast corner of Land Lot 95, and running thence along the north land lot line of Land Lot 96 N 89

GEORGIA LAWS 1980 SESSION

1507

1 l'E 200' to an iron pin; thence S 1 00' E approximately 376.54' to an iron pin located on the north right of way line of Georgia State oute 20; thence S 69 38' W along the north right-of-way line of Georgia State Route 20 approximately 217.63' to an iron pin, being the southeast corner of property now owned by Victory Temple; thence N 1 00'W 448.90' along the eastern property line of property of Victory Temple to the point of beginning.
Said property, containing approximately 1.89 acres, is bounded on the North and East by property of Board of Regents of the University System of Georgia, on the south by the right of way of Georgia State Route 20, and on the West by property of Victory Temple."'; ,
and
WHEREAS, the Victory Temple in Bartow County is desirous of using said property for its church purposes; and
WHEREAS, the above-described property is no longer needed by the Board of Regents and is therefore surplus.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Board of Regents of the University System of Georgia is hereby authorized to convey by appropriate instrument the hereinabove described property to the Victory Temple in Bartow County, subject to the following conditions:
(1) That the said property shall be conveyed pursuant to negotiation for a reasonable consideration agreed to by the Board of Regents; and
(2) That the conveyance shall be upon such other terms and considerations as shall be prescribed by the Board of Regents.
Approved April 2, 1980.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

EDUCATION m LOCAL HEARINGS, HANDICAPPED CHILDREN EXEMPTION.
Code Section 32-910 Amended.
No. 1379 (Senate Bill No. 271).
AN ACT
To amend Code Section 32-910, relating to the powers of local boards of education as a tribunal for hearing and determining local controversies in reference to the construction and administration of the school law, and to appeals to the State Board of Education, as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 875), so as to exempt "handicapped" children from certain provisions of said Code Section; to provide for the State Board of Education to promulgate rules and regulations regarding the settlement of controversies involving "handicapped" children; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 32-910, relating to the powers of local boards of education as a tribunal for hearing and determining local controversies in reference to the construction and administration of the school law, and to appeals to the State Board of Education, as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 875), is hereby amended by adding at the end thereof a new subsection (f) to read as follows:
"(f) The procedures provided in subsections (a) through (e) of this Code Section shall not be applicable to handicapped children, when a hearing is necessary to decide a complaint made under the Education for All Handicapped Children Act of 1975. The State Board of Education shall promulgate by rules and regulations an impartial due process procedure for hearing and determining any matter of local controversy in reference to the construction or administration of the school law and an appeals procedure with respect to handicapped children as such term is defined by the State Board of Education. Any tribunal which the State Board of Education shall empower to hear such cases shall have the power to summon witnesses and take testimony as such tribunal deems it nec-

GEORGIA LAWS 1980 SESSION

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essary. In promulgating such rules and regulations, the State Board of Education shall consult with local Boards of Education and other local school officials in order to establish procedures required by this subsection which will coordinate to the extent practical, with the administrative practices of such local Boards of Education."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved April 4, 1980.

POSSESSION OF FIREARMS BY CONVICTED FELONS.
Code Chapter 26-29 Amended.
No. 1380 (Senate Bill No. 296).
AN ACT
To amend Code Chapter 26-29, relating to dangerous weapons as instrumentalities, as amended, so as to make it unlawful for a person who has been convicted of a felony or adjudicated mentally incompetent to receive, possess, or transport a firearm; to provide for penalties; to provide for exceptions; to provide for definitions; to authorize the Board of Public Safety to grant relief from the disabilities imposed by this Code section; to provide for records; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Chapter 26-29, relating to dangerous weapons and instrumentalities, as amended, is hereby amended by adding at the end thereof a new Code Section 26-2914 to read as follows:
"26-2914. Convicted felons, possession of firearms prohibited, (a) Any person who has been convicted of a felony by a court of this

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GENERAL ACTS AND RESOLUTIONS, VOL. I

state or any of the several states, or of the United States including its territories, possessions, and dominions, or of any foreign nation and who receives, possesses, or transports any firearm shall be guilty of a felony and upon conviction shall be imprisoned for not less than one nor more than five years.
(b) This section shall not apply to any person who has been pardoned for such felony by the President of the United States, the State Board of Pardons and Paroles of this state, or the person or agency empowered to grant pardons under the constitutions or laws of the several states or of a foreign nation and, by the terms of such pardon, has expressly been authorized to receive, possess, or transport a firearm.
(c) As used in this section only:
(1) `Felony' means any offense punishable by imprisonment for a term of one year or more and includes conviction by a court martial under the Uniform Code of Military Justice for an offense which would constitute a felony under the laws of the United States.
(2) `Firearm' includes any handgun, rifle, shotgun, or other weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge.
(d) A person who has been convicted of a felony, but who has been granted relief from the disabilities imposed by the laws of the United States with respect to the acquisition, receipt, transfer, shipment, or possession of firearms by the Secretary of the Treasury pursuant to 18 U.S.C. 925, shall, upon presenting to the Board of Public Safety proof that such relief has been granted, be granted relief from the disabilities imposed by this section. A record that such relief has been granted by the board shall be entered upon the criminal history of such person maintained by the Georgia Crime Information Center and said board shall maintain a list of the names of such persons which shall be open for public inspection."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

GEORGIA LAWS 1980 SESSION

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved April 4, 1980.

BOARD OF RECREATION EXAMINERS ACT AMENDED.
No. 1381 (Senate Bill No. 454).
AN ACT
To amend an Act creating the Board of Recreation Examiners, approved March 8, 1968 (Ga. Laws 1968, p. 137), as amended by an Act approved April 1, 1971 (Ga. Laws 1971, p. 357), so as to provide additional definitions; to change the membership of the board and to change their manner of appointment; to provide for additional duties of the board; to provide for certain rights; to provide the requirements for taking the examinations given by the board; to provide qualifications for certain positions; to provide for exceptions to the requirements for applying for a license; to provide for temporary permits; to provide for reasons to refuse to issue or renew certificates or licenses; to provide for recertification or renewal; to provide for exceptions to the Act; to provide that funds will come from the State Examining Boards Division; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Board of Recreation Examiners, approved March 8, 1968 (Ga. Laws 1968, p. 137), as amended by an Act approved April 1, 1971 (Ga. Laws 1971, p. 357), is hereby amended by adding at the end of Section 1 of said Act the following:
"(e) `Master Therapeutic Recreation Specialist' means a person licensed to supervise and to administer the practice of therapeutic

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GENERAL ACTS AND RESOLUTIONS, VOL. I

recreation as defined in this Act and whose license is in good standing.
(f) `Therapeutic Recreation Specialist' means a person licensed to supervise and implement the practice of therapeutic recreation under the supervision of or with the consultation of a licensed Master Therapeutic Recreation Specialist and whose license is in good standing.
(g) `Therapeutic Recreation Technician' means a person who is licensed to work under the supervision of Therapeutic Recreation Specialists or Master Therapeutic Recreation Specialists in the practice of therapeutic recreation.
(h) `Practice of Therapeutic Recreation' means, but is not limited to, the following:
(1) Assessment of leisure functions; determining an individual's present level of recreative and leisure behavior and performance by using standardized procedures which include history taking, observation, staff, client, and family interviews, tests of leisure interests, motor and perceptual skills, social skills, and learning skills; and activity analysis for the purpose of preparing an individually prescribed leisure plan which will be goal oriented and stated in behavioral terms and which will provide a schedule of service and evaluation, and
(2) Therapeutic recreation services which is a process that uses recreation services for purposive intervention in some physical, emotional, or social behavior to bring about a desired change in that behavior and to promote the growth and development of that individual."
Section 2. Said Act is further amended by striking Section 2 of said Act in its entirety and substituting in lieu thereof the following:
"Section 2. (a) There is hereby created as a unit of the Examining Boards Division the Board of Recreation Examiners of the State of Georgia. Said board shall consist of eight members appointed by the Governor, with the approval of the Secretary of State and confirmed by the Senate.

GEORGIA LAWS 1980 SESSION

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(b) Pursuant to Section 9 of the `Act Providing for the Review, Continuation, Reestablishment or Termination of Regulatory Agencies,' approved March 24, 1977 (Ga. Laws 1977, p. 961), as now or hereafter amended, the Board of Recreation Examiners of the State of Georgia and the laws relating thereto are hereby continued until July 1, 1981, at which time the board shall be terminated; but the laws relating thereto shall be repealed in their entirety effective on the date specified in Section 8 of said Act."4!
Section 3. Said Act is further amended by striking subsection (a) of Section 3 of said Act in its entirety and substituting in lieu thereof the following:
"(a) Effective July 1, 1980, > the terms of all members of the Board of Recreation Examiners of the State of Georgia as it existed on June 30, 1980, shall expire and the Governor shall appoint all members to the eight-member board. Provided, however, two members shall be Recreation Administrators, two members shall be Recreation Supervisors, one member shall be a Master Therapeutic Recreation Specialist, one member shall be a Therapeutic Recreation Specialist, one member shall be actively involved in educating therapeutic recreation majors at an accredited college or university, and one member shall be a consumer.
(b) All appointments shall be for terms of three years. All members shall serve without compensation but shall be entitled to reimbursement for actual travel and maintenance expenses incurred in the performance of their duties."
Section 4. Said Act is further amended by striking Section 5 of said Act in its entirety and substituting in lieu thereof the following:
"Section 5. The board shall have the following duties and responsibilities:
(a) Administer a plan of permissive certification and registration for recreation administrators and recreation supervisors and mandatory licensure for therapeutic recreation professionals in a medically based agency or institution and permissive licensure for therapeutic recreation professionals in a municipal, county, or other nonmedically based agency or setting.

1514

GENERAL ACTS AND RESOLUTIONS, VOL. I

(b) Make such rules and regulations as may be necessary for the carrying out of the plan.
(c) Establish and modify qualifications and hold examinations for certification and registration of recreation administrators and recreation supervisors, recreation leaders, and for licensure of Therapeutic Recreation Technicians, Therapeutic Recreation Specialists, and Master Therapeutic Recreation Specialists.
(d) Keep, or cause to be kept, an accurate record of all its proceedings, including a register of all applicants for certificates and licenses and of all individuals to whom certificates and licenses are issued.
(e) Conduct, or assist in conducting, research and studies of problems relating to professional standards among those engaged in recreation work and recommend changes and improvements therein.
(f) Formulate proper application forms, certificates, licenses, and other materials pertinent to the plan.
(g) Make annually to the Governor a full and true report of all its activities with recommendations."
Section 5. Said Act is further amended by striking Section 6 of said Act in its entirety and substituting in lieu thereof the following:
"Section 6. No person shall be denied the right to make application for certification, registration, or licensure or for admission to examination therefore or to receive a certificate or license because of race, creed, sex, or national origin."
Section 6. Said Act is further amended by striking Section 7 of said Act in its entirety and substituting in lieu thereof the following:
"Section 7. (a) (1) In order to be eligible to take an examination, every applicant for certification and registration as a Recreation Administrator shall:
(A) Hold a baccalaureate degree in recreation from a college and have a minimum total of 12 months' full-time successful recreation experience, or

GEORGIA LAWS 1980 SESSION

1515

(B) Hold a baccalaureate degree in a field related to recreation from a college, and have a minimum of 24 months' successful full-time recreation experience, or
(C) Hold a baccalaureate degree from a college and have a total of 36 months' successful recreation experience.
(2) Any individual not possessing a baccalaureate degree who shall have had 10 or more years full-time recreation or park specialty experience in an administrative or supervisory capacity normally requiring possession of a baccalaureate degree shall be eligible to take the examination and be certified upon its successful completion.
(3) In meeting the above-designated qualifications, an applicant may substitute an additional year of specialized graduate training in recreation for one year of successful recreation experience.
(b) In order to be eligible to take the license examination as a Therapeutic Recreation Technician, the applicant must present, in addition to those requirements of Section 10, satisfactory evidence that he:
(1) has certification or other proof of satisfactory completion of two academic years of study with emphasis or option in therapeutic recreation and is currently employed in a therapeutic recreation setting,
(2) has certification or other proof of satisfactory completion of two academic years of study in related areas such as physical education, drama, arts and crafts, art, dance, or music and two years of professional experience in therapeutic recreation, or
(3) has completed an approved high school education or its equivalent as is recognized by proof of a diploma or equivalency certificate and has completed four years of full-time paid experience in therapeutic recreation, 200 clock hours of in-service training in therapeutic recreation, or earned 30 National Therapeutic Recreation Society approved Continuing Professional Development Units.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(c) In order to be eligible to take the license examination as a Therapeutic Recreation Specialist, the applicant must present, in addition to the requirements of Section 10, satisfactory evidence that he:
(1) has a baccalaureate degree from an accredited college or university with a major in therapeutic recreation and an option or emphasis in therapeutic recreation,
(2) has a baccalaureate degree from an accredited college or university with a major in recreation and two years of professional work experience in therapeutic recreation and 30 Continuing Professional Development Units or a combination of work experience and units,
(3) has a baccalaureate degree from an accredited college or university with a major in a field related to therapeutic recreation and has three years of professional work experience in the thereapeutic recreation field or 45 Continuing Professional Development Units or a combination of work experience and units, or
(4) has 10 years of documented full-time paid professional experience in the field of therapeutic recreation.
(d) In order to be eligible to take the license examination as a Master Therapeutic Recreation Specialist, the applicant must present, in addition to the requirements of Section 10, satisfactory evidence that he:
(1) has a master's degree from an accredited college or university with:
(A) a major in therapeutic recreation or a major in recreation and an option or emphasis in therapeutic recreation and two years of professional work experience in therapeutic recreation, or
(B) a major in a field related to therapeutic recreation and four years of professional work in the therapeutic recreation field, or

GEORGIA LAWS 1980 SESSION

1517

(2) has a baccalaureate degree from an accredited college or university with:
(A) a major in therapeutic recreation or a major in recreation and an option or emphasis in therapeutic recreation and 10 graduate credits in therapeutic recreation or 10 Continuing Professional Development Units plus five years of professional work experience in therapeutic recreation,
(B) a major in recreation and 15 graduate credits in therapeutic recreation or 15 Continuing Professional Development Units plus six years of professional work experience in therapeutic recreation, or
(C) a major in a field related to therapeutic recreation and has at least 20 graduate credits or 20 Continuing Professional Development Units plus seven years professional work experience in therapeutic recreation."
Section 7. Said Act is further amended by adding at the end of Section 8 the following:
"(4) An individual not possessing a baccalaureate degree who shall have had 10 or more years full-time recreation or park specialty experience in a supervisory or leadership capacity normally requiring possession of a baccalaureate degree shall be eligible to take the examination and be certified upon its successful completion."
Section 8. Said Act is further amended by adding at the end of Section 13 the following:
"(d) If an application for any therapeutic recreation license is made prior to July 1, 1982, the applicant may be issued such license without the necessity of submitting to an examination upon presentation of satisfactory evidence that:
(1) he has met all other requirements providing for such license, or
(2) he has been, prior to July 1, 1980, registered as that type of therapeutic recreator with the National Therapeutic Recreation Society."

1518

GENERAL ACTS AND RESOLUTIONS, VOL. I

Section 9. Said Act is further amended by adding at the end of Section 14 the following:
"A temporary permit to practice as a therapeutic recreationist within the State of Georgia may be granted for a period of up to six months:
(1) as a Therapeutic Recreation Technician to an applicant who is so registered with the National Therapeutic Recreation Society, or
(2) as a Therapeutic Recreation Specialist or Master Therapeutic Recreation Specialist to an applicant who is so registered with the National Therapeutic Recreation Society or who has recently graduated from an accredited college or university and meets the requirements of Section 7, or
(3) as any of the three levels of recreationists provided such applicant meets the requirements of Section 7 and is transferring from a State which has no licensure or registration process."
Section 10. Said Act is further amended by striking Section 15 of said Act and substituting in lieu thereof the following:
"Section 15. The board may refuse to issue a certificate or license, or revoke any certificate or license issued by it, if the applicant for or holder of such certificate or license has:
(a) Been convicted of an offense involving moral turpitude, is a drug addict or alcoholic or is mentally incompetent, or
(b) Advocated the overthrow of the Government of the United States by force and violence or other unlawful means, or
(c) Made any wilful statement or impersonated any other person or permitted or aided any other person to impersonate him in connection with any application for examination for licensure or for certification and registration, or
(d) Been found to be inefficient in performing the duties of any position held by him, on the basis of the holding of which experienced qualifications are offered on his behalf, or

GEORGIA LAWS 1980 SESSION

1519

(e) Sold or fraudulently obtained or furnished any therapeutic recreation diploma, license, renewal, record, or any means of certification or licensure in therapeutic recreation, or aided or assisted therein, or
(f) fraudulently represented himself as a therapeutic recreation professional or technician under cover of any diploma, license, or record unlawfully or fraudulently obtained, signed, or issued."
Section 11. Said Act is further amended by designating the current language of Section 16 as subsection (a) and by adding immediately following subsection (a) the following:
"(b) To be eligible for recertification or renewal the applicant must have completed the number of Continuing Professional Development Units as prescribed by the board."
Section 12. Said Act is further amended by adding between Section 16 and Section 17 of said Act a new section, to be designated Section 16A, to read as follows:
"Section 16A. This Act shall not apply to the following:
(1) The furnishing in good faith of rehabilitative services in an emergency,
(2) The practice of professional therapeutic recreator which is incidental to a program of study by students enrolled in therapeutic recreation education programs accredited or recognized by the board,
(3) The practice of any qualified therapeutic recreator who is employed by the U. S. Government, or any bureau, division, or agency thereof, while in the discharge of his official duties, or
(4) Any person licensed under any other law of the State of Georgia or registered or certified by a recognized national professional organization, including physicians, clinical psychologists, nurses, speech pathologists, audiologists, physical therapists, occupational therapists, dance therapists, music therapists, and art therapists.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(5) Proprietary and non-proprietary physical fitness centers."
Section 13. Said Act is further amended by striking from Section 18 of said Act the following:
"Georgia Recreation Commission",
and substituting in lieu thereof the following:
"State Examining Boards Division",
so that when so amended Section 18 shall read as follows:
"Section 18. The funds necessary to carry out the provisions of this Act shall come from funds appropriated or otherwise available to the State Examining Boards Division."
Section 14. This Act shall become effective on July 1, 1980.
Section 15. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved April 7, 1980.

AMENDMENT TO LEASE WITH CONSOLIDATED ATLANTA PROPERTIES, LTD. (CAPCO).
No. 267 (Senate Resolution No. 321).
A RESOLUTION
Authorizing the amendment of that certain "Amendment to Leases" (Consolidated Lease) entered into on April 25, 1974, by and between the State of Georgia (State) acting through the Governor and the Secretary of State and by virtue of and pursuant to Resolution Act No. 119 enacted by the 1974 Regular Session of the

GEORGIA LAWS 1980 SESSION

1521

Georgia General Assembly and approved by the Governor of the State of Georgia on March 28, 1974 (Ga. Laws 1974, pp. 12471407), as lessor, and Consolidated Atlanta Properties, Ltd. (CAPCO), as lessee; to modify certain provisions relating to removal or demolishment of Special Improvements; to modify certain provisions relating to construction according to approved plans; to modify certain provisions relating to permissible entities for the assignment or transfer of the Consolidated Lease; to modify certain provisions relating to time limits for the repair or replacement of damaged or destroyed building or improvements; to modify certain provisions relating to assignment upon foreclosure; to modify certain provisions relating to the exercise of the rights of respective Leasehold Mortgagees; to modify and specify certain descriptions of property; to provide for other matters relative thereto; to provide an effective date; and for other purposes.
WHEREAS, under and by virtue of the terms and provisions of the Consolidated Lease, the State leased and demised unto CAPCO and CAPCO leased and acquired from the State a leasehold interest in certain State-owned real property (Property), more particularly described in the Consolidated Lease, which Property includes certain air space and improvements together with certain rights of support and is subject to certain enumerated encumbrances and other terms and conditions, all as set forth in the Consolidated Lease; and
WHEREAS, the Consolidated Lease was amended by that certain Supplemental Amendment No. 1 entered into on April 19, 1979 by and between the State acting by and through the State Properties Commission and by virtue of and pursuant to Resolution Act No. 46 enacted by the 1979 Regular Session of the Georgia General Assembly and approved by the Governor of the State of Georgia on April 19, 1979 (Ga. Laws 1979, pp. 1339-1363); and
WHEREAS, CAPCO has proposed the further amendment of the Consolidated Lease in order to facilitate financing and development of the Property and has agreed to the form of the amendment of the Consolidated Lease as set forth in said Supplemental Amendment No. 2 attached hereto as Exhibit A and by reference incorporated herein; and
WHEREAS, the General Assembly has determined that the Consolidated Lease be amended in the manner and to the extent set

1522

GENERAL ACTS AND RESOLUTIONS, VOL. I

forth in said Supplemental Amendment No. 2 attached hereto as Exhibit A and by reference incorporated herein.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That the State of Georgia is the owner of the Property, and that in all matters relating to said Supplemental Amendment No. 2, the State of Georgia is acting by and through the State Properties Commission.
Section 2. That the Consolidated Lease be amended in the manner and to the extent set forth in that certain Supplemental Amendment No. 2 labeled Exhibit A attached hereto and by reference incorporated herein; and that the Consolidated Lease, as amended by said Supplemental Amendment No. 1 and said Supplemental Amendment No. 2, and each and every provision thereof is and shall continue in full force and effect according to the terms and provisions thereof.
Section 3. That the Chairman of the State Properties Commission, being the Governor of the State of Georgia, be and is hereby authorized and empowered to execute said Supplemental Amendment No. 2 and the Secretary of the State Properties Commission, being the Secretary of State of the State of Georgia, is hereby authorized and empowered to attest the signature of the Governor and to affix the Great Seal of the State and the Seal of the State Properties Commission thereto upon the obtaining by CAPCO of the necessary consents (in recordable form) as provided in Section Forty-seven (B) of the Consolidated Lease and upon receipt by the State Properties Commission of satisfactory evidence of such consents.
Section 4. That this Resolution shall become effective as law upon approval by the Governor or upon its becoming law without his approval in accordance with the provisions hereof.
STATE OF GEORGIA
COUNTY OF FULTON

GEORGIA LAWS 1980 SESSION

1523

SUPPLEMENTAL AMENDMENT NO. 2

THIS SUPPLEMENT AT. AMENDMENT NO. 2 (hereinbelow for

convenience referred to as "Second Supplemental Amendment") is

made and entered into this

day of

1980,

by and between the STATE OF GEORGIA, acting by and through

the STATE PROPERTIES COMMISSION and by virtue of and pur-

suant to the authority granted by Resolution Act Number

(

Resolution Number

) approved by

the Governor of the State of Georgia on

_, Party Of The

First Part (hereinafter for convenience referred to as "Lessor"), and

CONSOLIDATED ATLANTA PROPERTIES, LTD., a Fulton

County, Georgia, limited partnership whose sole general partner is

DOWNTOWN DEVELOPMENT CORP., a Georgia corporation,

Party Of The Second Part (hereinafter for convenience referred to as

"Lessee"):

WITNESSETH THAT:

WHEREAS, under and by virtue of the terms and provisions of that certain "Amendment To Leases" made and entered into on April 25, 1974, by and between Lessor, acting through its Governor and Secretary of State and by virtue of and pursuant to Resolution Act No. 119 passed by the 1974 Regular Session of the Georgia General Assembly and approved by the Governor of the State of Georgia on March 28, 1974 (Ga. Laws 1974, pp. 1247-1407), and Lessee, and recorded in Deed Book 6054, Page 25 of the Records of the Clerk of the Superior Court of Fulton County, Georgia, Lessor did lease and demise unto Lessee a leasehold estate in and to certain real property (hereinafter for convenience referred to as the "Property") which is more particularly described in the said Amendment To Leases; and
WHEREAS, the said Amendment To Leases has been amended by that certain Supplemental Amendment No. 1 made and entered into on April 19, 1979, by and between Lessor, acting by and through the State Properties Commission and by virtue of and pursuant to Resolution Act Number 46 passed by the 1979 Regular Session of the Georgia General Assembly and approved by the Governor of the State of Georgia on April 19, 1979 (Ga. Laws 1979, pp. 1339-1363), and Lessee, and recorded in Deed Book 7229, Page 315 of the Records of the Clerk of the Superior Court of Fulton County, Georgia (said Amendment To Leases as amended by said Supple-

1524

GENERAL ACTS AND RESOLUTIONS, VOL. I

mental Amendment No. 1 being hereinafter for convenience referred to as the "Consolidated Lease"); and
Whereas, Lessor and Lessee desire to amend further the Consolidated Lease in certain respects as more particularly hereinafter set forth.
NOW, THEREFORE, in consideration of the premises, the mutual covenants and agreements herein set forth by each party to be kept and performed, and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby expressly acknowledged by each party hereto, Lessor and Lessee do hereby mutually covenant and agree as follows:
1.
Section Nineteen of the Consolidated Lease is hereby amended by adding the words after the expiration or termination of this Amended Lease," after the words "provided, however, that" where such words appear in the third complete sentence of said Section Nineteen so that when so amended, Section Nineteen of the Consolidated Lease shall read as follows:
"Section Nineteen: Merger Of Improvements By Lessee. Lessor consents to the construction of buildings and improvements (hereinafter referred to in this Amended Lease as "Special Improvement" or "Special Improvements" as the context requires) over and across the boundary lines of the Property, both vertical and horizontal, onto other contiguous lands (such other contiguous lands on which any such Special Improvement is constructed being hereinafter referred to as "Adjoining Property") which are owned by Lessee or by any "Recognized Sublessee" (as said term is hereinbelow defined in Section Thirty of this Amended Lease) or which are leased or subleased by Lessee or by any "Recognized Sublessee" (as said term is hereinbelow defined in Section Thirty of this Amended Lease) for a term of years not to expire prior to the expiration date of the term of years of this Amended Lease. Lessor agrees and does hereby grant to the owner of the Adjoining Property and any party claiming by, through or under said owner, a non-exclusive easement to use (in common with Lessor hereunder and anyone claiming by, through or under Lessor) any such Special Improvement. Such non-exclusive easement herein granted shall (i) be for the use of all common areas and facilities located within any such Special Improvement and on the Property which shall reasonably be necessary or appropriate for the continued utilization of that por-

GEORGIA LAWS 1980 SESSION

1525

tion of any such Special Improvement located on the Adjoining Property, including, but not limited to, aisles, hallways, elevators, restroom facilities, sidewalks, stairways and service areas; (ii) not vest into a present right of use until the expiration or termination of this Amended Lease; and (iii) expire automatically upon (a) the removal or demolition of any such Special Improvement [provided, however, that, after the expiration or termination of this Amended Lease, any such Special Improvement shall be removed or demolished only by the mutual agreement of the owners (which terms "owners" or "owner" as used in this Section Nineteen shall include all parties having an ownership or security interest in that portion of the Property and the Adjoining Property upon which the Special Improvement is located) of that portion of the Property and the Adjoining Property upon which the Special Improvement is located]; or (b) December 27, 2054, whichever shall first occur. For the purposes of this Section Nineteen, the owners of that portion of the Property and the Adjoining Property upon which any such Special Improvement is located shall be deemed to have mutually agreed to remove or demolish any such Special Improvement, if, through the passage of time or otherwise, the structural soundness thereof deteriorates such that any such Special Improvement, including that portion of any such Special Improvement located on the Property, becomes untenantable and its continued existence constitutes a nuisance and a hazard to the public health and safety. Such non-exclusive easements shall be subject and subordinate to the rights, if any, of any persons or entities which were vested prior to the commencement of the rights of the respective lessees under the various leases which are amended by this Amended Lease. Prior to commencement of any construction of any such Special Improvement, Lessee agrees to furnish Lessor a non-exclusive easement in recordable form and containing covenants running with the land executed by the owner of the Adjoining Property which grants to Lessor a non-exclusive easement as an encumbrance upon the Adjoining Property for the same purposes and uses and subject to substantially the same terms and conditions as are contemplated under items (i), (ii) and (iii) of this Section Nineteen. The Commission shall, without any further action or authorization by the Georgia General Assembly being necessary, execute on behalf of Lessor any and all additional documents in recordable form as shall reasonably be requested by Lessee to ratify and to add specificity to the non-exclusive easements herein granted. Each such request for a non-exclusive easement shall be accompanied by a statement setting

1526

GENERAL ACTS AND RESOLUTIONS, VOL. I

forth the specific details of the location (which shall include, but not be limited to, a current, accurate, properly labeled and recordable plat of boundary line survey depicting to the extent possible thereon the proposed non-exclusive easement area; said plat of boundary line survey shall be prepared at the expense of Lessee by a Georgia registered and licensed land surveyor or professional engineer), use and nature of such non-exclusive easement. From and after the expiration of the non-exclusive easements hereinabove set forth, Lessor shall have the exclusive right and option to sever and demolish that portion of any such Special Improvement located on the Property and to operate, occupy and maintain such portion of any such Special Improvement independent of any portion of any such Special Improvement located on the Adjoining Property."
2.
Section Twenty-Four of the Consolidated Lease is hereby amended by deleting said Section Twenty-Four in its entirety and by substituting in lieu thereof the following, to wit:
"Section Twenty-Four: Construction According To Approved Plans. Lessee shall complete the construction of the proposed improvements substantially in accordance with the Preliminary Plans and substantially in accordance with the Structural Plans approved by the Commission; provided, however, that with respect to proposed improvements or portions thereof to be constructed within the boundaries of that certain real property more particularly described in Exhibit "C" attached to this Amended Lease and by this reference for all purposes incorporated herein and made a part hereof, Lessee shall complete the construction of such proposed improvements or portions thereof substantially in accordance with the Preliminary Plans and strictly in accordance with the Structural Plans for such improvements or portions thereof which are approved by the Commission. The Commission, acting for and on behalf of Lessor, and without any further action or authorization by the Georgia General Assembly being necessary, shall at any time and from time to time (prior to, during or following such construction) execute such non-exclusive easements as shall be reasonably necessary to Lessee, either as to the Property or as to any underlying or adjacent properties of Lessor, in order to make available to the Property, or any portion thereof, water, sewer, gas, telephone, electrical services and other utility services and to provide to the Property or any portion thereof accessibility for vehicular or pedestrian

GEORGIA LAWS 1980 SESSION

1527

purposes to the ground level or to any street, viaduct or right-ofway; provided, however, that any such non-exclusive easements shall be subject to (i) as to the property described in Exhibit "C" of this Amended Lease, the rights, if any, of any tenant or lessee or the Lessor herein and the lessee of the property known as the Western and Atlantic Railroad, including, without limitation, the rights, if any, of the Louisville and Nashville Railroad Company ("L&N") (and any party claiming by, through or under L&N) under the terms of that certain Lease entered into by and between the State of Georgia, acting through the State Properties Control Commission and under and by virtue of the authority granted by Resolution Act No. 101 passed by the 1968 Regular Session of the Georgia General Assembly and approved by the Governor of the State of Georgia on March 4, 1968 (Ga. Laws 1968, pp. 54-112) (hereinafter referred to as the "March 4, 1968 Lease"), as lessor, and L&N, as lessee, and (ii) the rights, if any, of any person or entity set forth in Item 6 of Exhibit "B" of this Amended Lease ; provided further, that as to such non-exclusive easements for ground level access, Lessee shall first obtain and submit to Lessor the written approval of L&N (and any party claiming by, through or under L&N by virtue of the March 4, 1968 Lease) in the event that said non-exclusive easements affect the right-of-way (or the use thereof) of the Western & Atlantic Railroad as said right-of-way is located on the date of the execution of this Amended Lease by Lessor, or as the said right-of-way may be relocated pursuant to, under and by virtue of the terms and conditions of the said March 4, 1968 Lease (as the said March 4, 1968 Lease exists as of the date of the execution of this Amended Lease by Lessor), and that said non-exclusive easements for ground level access shall not result in any cost, expense or loss to or by Lessor; said non-exclusive easements, or any interest therein, shall be freely assignable, without the consent or approval of Lessor, to any person or entity whomsoever holding an interest in the Property, or any portion or portions thereof. All such non-exclusive easements shall terminate no later than December 27, 2044."
3.
Section Thirty-One of the Consolidated Lease is hereby amended (i) by deleting from the fourth complete sentence the words "publicly owned" and (ii) by adding the words "or its successors and assigns" after the word "Lessee" where such word appears intermittently in the last complete sentence of said Section Thirty-One so

1528

GENERAL ACTS AND RESOLUTIONS, VOL. I

that when so amended, Section Thirty-One of the Consolidated Lease shall read as follows:
"Section Thirty-One: Assignment Of Lease With Lessor's Consent. Except as otherwise provided in this Amended Lease, Lessee, and its successors and assigns, shall not have the right to assign or transfer this Amended Lease or any interest herein or any right or privilege appurtenant hereto unless the written consent of Lessor is first had and obtained, which consent shall not be unreasonably withheld. Any assignment or transfer without such written consent shall be void. Any other provisions of this Amended Lease to the contrary notwithstanding, Lessee, and its successors and assigns, shall, without the consent or approval of Lessor, have the right to assign or transfer this Amended Lease or any interest herein or any right or privilege appurtenant hereto which Lessee desires to assign or transfer to a Leasehold Mortgagee pursuant to Section Forty-Seven of this Amended Lease; provided, however, that the Property shall not be divided or subdivided into separate parcels or tracts except in accordance with this Amended Lease. Any other provisions of this Amended Lease to the contrary notwithstanding, Lessee, and its successors and assigns, shall, without the consent or approval of Lessor, have the right to assign or transfer this Amended Lease or any interest herein or any right or privilege appurtenant hereto which Lessee desires to assign or transfer to any bank, savings and loan association, life insurance company, lending institution, financial institution, pension or retirement fund, corporation or partnership (provided any of the foregoing entities have a net worth in excess of Five Million and No/100 Dollars [$5,000,000.00], public agency or authority or governmental entity; provided, however, that the Property shall not be divided or subdivided into separate parcels or tracts except in accordance with this Amended Lease. No assignment or transfer hereunder shall be valid or effective unless and until Lessee and its contemplated assignees or transferees (i) jointly give to Lessor written notice of such contemplated assignment or transfer (and enclosing a copy thereof) identifying the name and business address of the assignee or transferee and agreeing that the said assignee or transferee shall perform all duties and obligations arising by reason of the interest so assigned or transferred, and (ii) have received from Lessor written acknowledgment of compliance with such notice, which acknowledgement shall not be unreasonably withheld or delayed and shall be in a form suitable for recording if so requested by Lessee or its assignee or transferee. Lessor agrees to attorn to any such assignee or transferee for the

GEORGIA LAWS 1980 SESSION

1529

performance of all duties and obligations arising by reason of the interest of this Amended Lease so assigned or transferred; provided, however, it is hereby agreed and acknowledged by Lessor and Lessee that Lessee, its successors and assigns, shall not be relieved of its liability for the performance of such duties or obligations by any such assignment or transfer. Any other provisions of this Amended Lease to the contrary notwithstanding, in no event shall the assignment of a General Partner's or a Limited Partner's interest in Lessee, or its successor and assigns, or the creation and issuance by Lessee, or its successors and assigns, of additional limited partnership interests or the admission of additional or substituted general or limited partners in Lessee, or its successors and assigns, constitute an assignment or transfer by Lessee, or its successors and assigns, of this Amended Lease, and Lessor's consent shall not be required with respect to any such assignment, creation, issuance, admission or substitution."
4.
Section Forty of the Consolidated Lease is hereby amended by deleting said Section Forty in its entirety and inserting the following in lieu thereof, to wit:
"Section Forty: Damages For Failure To Comply With Repair Obligation. If the repair, reconstruction, restoration or replacement of damaged or destroyed buildings, other structures or improvements is not substantially completed in accordance with Section Thirty-Nine hereof within ten (10) years from the date of such damage or destruction (if such completion date is prior to the end of the term of this Amended Lease and if Lessee is under the affirmative requirement of Section Thirty-Nine of this Amended Lease to commence the repair, reconstruction, restoration, or replacement), Lessee hereby agrees to pay to Lessor monthly thereafter, as fixed and liquidated damages and not as a penalty, an amount per day equal to the quotient derived by dividing the then current annual Rent by the number 365 until the said repair, reconstruction, restoration or replacement is substantially complete or until the end of the term of this Amended Lease, whichever is earlier."

1530

GENERAL ACTS AND RESOLUTIONS, VOL, I

5.
Sub-section (F) of Section Forth-Seven of the Consolidated Lease is hereby amended by deleting said Sub-section (F) of said Section Forty-Seven in its entirety and by substituting in lieu thereof the following, to wit:
"(F) Assignment. Lessor agrees that in the event of any foreclosure under any Leasehold Mortgage, either by judicial proceedings or under power of sale contained therein all right, title and interest encumbered by such Leasehold Mortgage may, without the consent of Lessor, be assigned to and vested in the purchaser at such foreclosure sale subject and subordinate, however, to the rights, title and interests of Lessor and (in the case of a Leasehold Mortgage encumbering all or any part of the estate of any Recognized Sublessee) subject and subordinate to the rights, title and interests of Lessee; and, notwithstanding that Lessor's consent to said assignment shall not have been obtained, any such assignee shall be vested by virtue of such assignment with any and all rights of the party whose estate was encumbered by such Leasehold Mortgage as though Lessor had consented thereto."
6.
Sub-section (I) of Section Forty-Seven of the consolidated Lease is hereby amended by deleting said Sub-section (I) of said Section Forty-Seven in its entirety and by substituting in lieu thereof the following, to wit:
"(I) Limitation On Number Of Leasehold Mortgages. The rights granted a Leasehold Mortgagee under this Section FortySeven shall not extend, as to any one portion of the Property, to more than five (5) such Leasehold Mortgagees at any one time, and shall, as among Leasehold Mortgagees whose Leasehold Mortgages encumber the same estate, be exercisable by said Leasehold Mortgagees in the order of the respective priority of their Leasehold Mortgages, to the exclusion of those Leasehold Mortgagees junior in priority and those Leasehold Mortgagees whose Leasehold Mortgages encumber a lesser estate; provided, however, if at the time a Leasehold Mortgagee registers with Lessor in accordance with this Section Forty-Seven, there exists a Leasehold Mortgage encumbering the same estate and secured by or including the same portion of the

GEORGIA LAWS 1980 SESSION

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Property which Leasehold Mortgagee has been previously registered with Lessor in accordance with this Section Forty-Seven, the Leasehold Mortgage or Mortgages first in time of registration with Lessor shall, unless otherwise agreed upon between the Leasehold Mortgagees encumbering the same estate, notice of such agreement being provided to Lessor, have priority with respect to such portion of the Property and the rights granted to a Leasehold Mortgagee under this Section Forty-Seven but shall not have priority with respect to any Leasehold Mortgage then or thereafter encumbering a senior or superior estate. Subject to the foregoing limitation that the rights granted a Leasehold Mortgagee under this Section Forty-Seven shall not extend, as to any one portion of the Property, to more than five (5) such Leasehold Mortgagees at any one time, Lessor and Lessee agree that there is no limit on the total agreegate number of Leasehold Mortgagees at any time and from time to time entitled to exercise the rights granted to Leasehold Mortgagees under this Section Forty-Seven."
7.
Exhibit "A" of the Consolidated Lease is hereby amended by deleting the first paragraph of the legal description of Tract 2 in said Exhibit "A" in its entirety and by substituting in lieu thereof the following, to wit:
"All of the air space over and above a horizontal elevation plane of 1,053.59 feet above U.S.C. and G.S. 1929 Adjusted Mean Sea Level which lies within the boundary of the following described property:"
and is hereby further amended by deleting the last paragraph of the legal description of Tract 2 in said Exhibit "A" in its entirety and by substituting in lieu thereof the following, to wit:
"TOGETHER WITH so much of the above-described land and air space over such land but below the above-referenced horizontal elevation plane as is necessary for supports and appurtenances for the structures which are or may be constructed, operated, repaired, maintained, removed and replaced within the air space lying over and above the aforesaid horizontal elevation plane, including without limitation, among such supports and appurtenances, pilings, foundations, piers and columns, sewer and drainage conduits, utility

1532

GENERAL ACTS AND RESOLUTIONS, VOL. I

facilities and other structures or facilities which must reach the ground level or below, and together with the right of reasonable access in, over, across and through said land and air space over such land but below the aforesaid horizontal elevation plane as may be necessary for the construction, operation, repair, maintenance, removal and replacement of said supports and appurtenances or as may be necessary for vehicular and pedestrian access to and from any street, viaduct or right-of-way."
8.
Exhibit "A" of the Consolidated Lease is hereby amended by deleting the first paragraph of the legal description of Tract 3 in said Exhibit "A" in its entirety and by substituting in lieu thereof the following, to wit:
``All of the air space over and above a horizontal elevation plane of 1,051.47 feet above U.S.C. and G.S. 1929 Adjusted Mean Sea Level which lies within the boundary of the following described property:"
and is hereby further amended by deleting the last paragraph of the legal description of Tract 3 in said Exhibit "A" in its entirety and by substituting in lieu thereof the following, to wit:
"TOGETHER WITH so much of the above-described land and air space over such land but below the above-referenced horizontal elevation plane as is necessary for supports and appurtenances for the structures which are or may be constructed, operated, repaired, maintained, removed and replaced within the air space lying over and above the aforesaid horizontal elevation plane, including without limitation, among such supports and appurtenances, pilings, foundations, piers and columns, sewer and drainage conduits, utility facilities and other structures or facilities which must reach the ground level or below, and together with the right of reasonable access in, over, across and through said land and air space over such land but below the aforesaid horizontal elevation plane as may be necessary for the construction, operation, repair, maintenance, removal and replacement of said supports and appurtenances or as may be necessary for vehicular and pedestrian access to and from any street, viaduct or right-of-way."

GEORGIA LAWS 1980 SESSION

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9.
Exhibit "A" of the Consolidated Lease is hereby amended by deleting the last paragraph of the legal description of Tract 4, Parcel A in said Exhibit "A" in its entirety and by substituting in lieu thereof the following, to wit:
"TOGETHER WITH so much of the above-described land and air space over such land but below the above-referenced horizontal elevation plane as is necessary for supports and appurtenances for the structures which are or may be constructed, operated, repaired, maintained, removed and replaced within the air space lying over and above the aforesaid horizontal elevation plane, including without limitation, among such supports and appurtenances, pilings, foundations, piers and columns, sewer and drainage conduits, utility facilities and other structures or facilities which must reach the ground level or below, and together with the right of reasonable access in, over , across and through said land and air space over such land but below the aforesaid horizontal elevation plane as may be necessary for the construction, operation, repair, maintenance, removal and replacement of said supports and appurtenances or as may be necessary for vehicular and pedestrian access to and from any street, viaduct or right-of-way."
10.
Exhibit "A" of this Consolidated Lease is hereby amended by deleting the first paragraph of the legal description of Tract 4, Parcel B in said Exhibit "A" in its entirety and by substituting in lieu thereof the following, to wit:
"All of the air space over and above a horizontal elevation plane of 1,043.0 feet above U.S.C. and G.S. 1929 Adjusted Mean Sea Level which lies within the boundary of the property described in Parcel A above which is also located below the elevation of the underside of Spring Street Viaduct as presently constructed and which lies between Column Line Number 2 and Column Line Number 3 of said Viaduct, as shown on the plat of survey attached hereto, incorporated in and by reference made a part of this Amended Lease as Exhibit "1" to this Exhibit "A" and to which plat of survey reference is hereby made for all purposes [the distance between said Column Line Number 2 and Column Line Number 3

1534

GENERAL ACTS AND RESOLUTIONS, VOL. I

being approximately one hundred and four feet (104') as measured at ground level];
and is hereby further amended by deleting the third paragraph of the legal description of Tract 4, Parcel B in said Exhibit "A" in its entirety and by substituting in lieu thereof the following, to wit:
"TOGETHER WITH so much of the above-described land and air space over such land but below the above-referenced horizontal elevation plane as is necessary for supports and appurtenances for the structures which are or may be constructed, operated, repaired, maintained, removed and replaced within the air space lying over and above the aforesaid horizontal elevation plane, including without limitation, among such supports and appurtenances, pilings, foundations, piers and columns, sewer and drainage conduits, utility facilities and other structures or facilities which must reach the ground level or below, and together with the right of reasonable access in, over, across and through said land and air space over such land but below the aforesaid horizontal elevation plane as may be necessary for the construction, operation, repair, maintenance, removal and replacement of said supports and appurtenances or as may be necessary for vehicular and pedestrian access to and from any street, viaduct or right-of-way."
11.
Exhibit "A" of the Consolidated Lease is hereby amended by deleting the first paragraph of the legal description of Tract 5 in said Exhibit "A" in its entirety and by substituting in lieu thereof the following, to wit;
"All of the air space over and above the horizontal elevation plane of 1,054.1 feet above U.S.C. and G.S. 1929 Adjusted Mean Sea Level which lies within the boundary of the following described property;"
and is hereby further amended by deleting the last paragraph of the legal description of Tract 5 in said Exhibit "A" in its entirety and by substituting in lieu thereof the following, to wit:
"TOGETHER WITH so much of the above-described land and air space over such land but below the above-referenced horizontal

GEORGIA LAWS 1980 SESSION

1535

elevation plane as is necessary for supports and appurtenances for the structures which are or may be constructed, operated, repaired, maintained, removed and replaced within the air space lying over and above the aforesaid horizontal elevation plane, including without limitation, among such supports and appurtenances, pilings, foundations, piers and columns, sewer and drainage conduits, utility facilities and other structures or facilities which must reach the ground level or below, and together with the right of reasonable access in, over, across and through said land and air space over such land but below the aforesaid horizontal elevation plane as may be necessary for the construction, operation, repair, maintenance, removal and replacement of said supports and appurtenances or as may be necessary for vehicular and pedestrian access to and from any street, viaduct or right-of-way."
12.
Exhibit "A" of the Consolidated Lease is hereby amended by deleting the first paragraph of the legal description of Tract 6 in said Exhibit "A" in its entirety and by substituting in lieu thereof the following to wit:
"All of the air space over and above a horizontal elevation plane of twelve feet (12') above the present ground level 1039.7 feet above U.S.C. and G.S. 1929 Adjusted Mean Sea Level which lies within the boundary of the following described property:"
and is hereby further amended by deleting the last paragraph of the legal description of Tract 6 in said Exhibit "A" in its entirety and by substituting in lieu thereof the following, to wit:
"TOGETHER WITH so much of the above-described land and air space over such land but below the above-referenced horizontal elevation plane as is necessary for supports and appurtenances for the structures which are or may be constructed, operated, repaired, maintained, removed and replaced within the air space lying over and above the aforesaid horizontal elevation plane, including without limitation, among such supports and appurtenances, pilings, foundations, piers and columns, sewer and drainage conduits, utility facilities and other structures or facilities which must reach the ground level or below, and together with the right of reasonable access in, over, across and through said land and air space over

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GENERAL ACTS AND RESOLUTIONS, VOL. I

such land but below the aforesaid horizontal elevation plane as may be necessary for the construction, operation, repair, maintenance, removal and replacement of said supports and appurtenances or as may be necessary for vehicular and pedestrian access to and from any street, viaduct or right-of-way."
13.
Lessor and Lessee hereby acknowledge and affirm that, as amended in this Second Supplemental Amendment, the Consolidated Lease and each and every provision thereof is and shall continue in full force and effect and is hereby expressly ratified and confirmed by Lessor and Lessee.
IN WITNESS WHEREOF, Lessor, acting by and through the State Properties Commission, and Lessee have caused these presents to be executed and their respective seals to be affixed hereunto by their respective duly authorized officers the day and year first above written.

Signed, sealed and delivered in the presence of: Witness
Notary Public My Commission Expires:
(NOTARY PUBLIC SEAL)

"LESSOR"
STATE OF GEORGIA Acting by and through the State Properties Commission
By:
GEORGE BUSBEE, Governor of State of Georgia Title: Chairman of the State Properties Commission
Attest: DAVID POYTHRESS Secretary of State of State of Georgia
Title: Secretary of the State Properties Commission

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1537

(CHEAT SEAL OF THE STATE OF GEORGIA) (STATE PROPERTIES COMMISSION SEAL)

Signed, sealed and delivered in the presence of:

"LESSEE"
CONSOLIDATED ATLANTA PROPERTIES, LTD., a Fulton County, Georgia limited partnership
By: Downtown Development Corp., General Partner

Witness

By: John Barge Vice President

Notary Public My Commission Expires:

Attest: Robert P. Hunter, Jr.
Secretary

(NOTARY PUBLIC SEAL) Approved April 8, 1980.

(CORPORATE SEAL)

49

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GENERAL ACTS AND RESOLUTIONS, VOL. I

STATE PERSONNEL BOARD - HEALTH INSURANCE FOR PUBLIC SCHOOL EMPLOYEES.
No. 1382 (Senate Bill No. 145).
AN ACT
To amend an Act authorizing the State Personnel Board to provide a health insurance plan for public school employees of the State of Georgia, approved April 24, 1975 (Ga. Laws 1975, p. 1194), so as to redefine certain terms; to authorize the Board to execute contracts to provide benefits under such plan; to authorize the establishment of a self-insurance plan; to provide that the State Department of Education shall contribute a portion of the cost of such benefits; to provide for the investment of funds of the Health Insurance Fund; to change the method of certifying funds; to provide that any employee who rejects coverage may obtain coverage at a later date upon compliance with the rules and regulations of the Board; to remove the provisions relating to systems maintaining their own insurance program receiving their pro rata share of the funds; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act authorizing the State Personnel Board to provide a health insurance plan for public school employees of the State of Georgia, approved April 24, 1975 (Ga. Laws 1975, p. 1194), is hereby amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:
"Section 1. As used in this Act, unless the context clearly requires otherwise, the following words or phrases shall have the meanings hereinafter provided:
(a) A `public school employee' means an `employee' as defined in subsection (5) of Section 2 of an Act establishing a retirement system for public school employees in the State public schools and other State-supported schools, approved April 30, 1969 (Ga. Laws 1969, p. 998), as the same now exists or may hereafter be amended. `Public school employee' also means classroom aides, paraprofessionals, and noncertified administrative and clerical personnel.

GEORGIA LAWS 1980 SESSION

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(b) The `Board' means the State Personnel Board.
(c) The `Director' means the State Merit System Director."
Section 2. Said Act is further amended by striking subsection (a) of Section 5 in its entirety and inserting in lieu thereof a new subsection (a) of Section 5 to read as follows:
"(a) Said Board is hereby authorized to execute a contract or contracts to provide the benefits determined upon under the plan in accordance with the provisions of this Act, or said Board may, in its discretion, establish a self-insured plan in whole or in part. All of the benefits to be provided under the health insurance plan may be included in one or more similar contracts, or the benefits may be classified into different types with each type included in one or more contracts issued by the same or different qualified entities or covered under a self-insured plan. A reasonable time before entering into any insurance contract hereunder, said Board shall invite proposals from such qualified entities as, in the opinion of the Board, would desire to accept any part of the insurance coverage authorized by this Act. Provided, however, that the Board may, in its discretion, establish a self-insured plan in whole or in part."
Section 3. Said Act is further amended by striking Section 10 in its entirety and inserting in lieu thereof a new Section 10 to read as follows:
"Section 10. During any period in which an employee is covered under the health insurance plan authorized by this Act prior to the date of his retirement, there shall be withheld from each salary payment of such employee, as his share of the cost of coverage under this plan, such portion of the premium or subscription charges under the terms of any contract or contracts issued in accordance with this Act as may be established by the Board. During any month in which benefits are being paid by a public school employees' retirement system to an individual so covered under this program, contributions shall be deducted from such payments in the amounts prescribed by the Board with the consent of the recipient. The State Department of Education shall contribute to said Health Insurance Fund such portion of the costs of such benefits as may be established by the Board to maintain the employer contributions consistent with other health insurance plans administered by the Board."

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GENERAL ACTS AND RESOLUTIONS, VOL. I

Section 4. Said Act is further amended by adding immediately following Section 10a new Section 10A to read as follows:
"Section 10A. Any amounts held by the Health Insurance Fund which are available for investment shall be paid over to the Fiscal Division of the Department of Administrative Services. The Director of the Fiscal Division of said Department of Administrative Services shall deposit said funds in a trust account for credit only to the Health Insurance Fund. Said Director of said Fiscal Division of said Department of Administrative Services shall invest these health insurance funds subject to all the terms, conditions, limitations and restrictions imposed by the laws of the State of Georgia upon domestic life insurance companies in the making and disposing of their investments. All income derived from said investments shall accrue to the Health Insurance Fund. When monies are paid over to the Fiscal Division of the Department of Administrative Services, as provided herein, the Merit System Director shall submit an estimate of the date such funds shall no longer be available for investment. When the Merit System Director wishes to withdraw funds from the trust account provided for herein, he shall submit a request for such withdrawal, in writing, to the Director of the Fiscal Division of the Department of Administrative Services."
Section 5. Said Act is further amended by striking Section 11 in its entirety and inserting in lieu thereof a new Section 11 to read as follows:
"Section 11. At an appropriate time during each year, the Director shall certify to the State Superintendent of Schools the amount of funds determined by the Board as employer payments for the ensuing fiscal year and, in his annual budget for the State Department of Education, the State Superintendent of Schools shall have provision for funds sufficient to pay the Board such required employer payments."
Section 6. Said Act is further amended by striking subsection (b) of Section 12 in its entirety and inserting in lieu thereof a new subsection (b) of Section 12 to read as follows:
"(b) All persons who become employees as defined in this Act, on or after the `employer commencement date,' and who are eligible as specified by rules and regulations of the Board, shall, as a condi-

GEORGIA LAWS 1980 SESSION

1541

tion of their employment, become members of this health insurance program; except, that any such employee employed prior to the `employer commencement date,' who is otherwise eligible in accordance with rules and regulations of the Board, shall have an option to elect coverage in this program and, in the event an employee rejects coverage, such employee shall be authorized to obtain coverage at a later date upon compliance with the rules and regulations promulgated by the Board relative thereto."
Section 7. Said Act is further amended by striking Section 13 in its entirety and inserting in lieu thereof a new Section 13 to read as follows:
"Section 13. Local school boards shall have the option to determine whether or not the public school employees within their respective systems shall be covered under the provisions of this Act.'.',...
Section 8. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved April 8, 1980.

STATE PERSONNEL BOARD ^ HEALTH INSURANCE FOR PUBLIC SCHOOL EMPLOYEES.
No. 1383 (Senate Bill No. 329).
AN ACT
To amend an Act authorizing the State Personnel Board to provide a health insurance plan for public school teachers of the State of Georgia, approved February 27, 1975 (Ga. Laws 1975, p. 37), as amended, so as to authorize the board to provide coverage for dental services and vision care; to provide an effective date; to repeal conflicting laws; and for other purposes.

1542

GENERAL ACTS AND RESOLUTIONS, VOL. I

Be it enacted by the General Assembly of Georgia:
Section I. An Act authorizing the State Personnel Board to provide a health insurance plan for public school teachers of the State of Georgia, approved February 27, 1975 (Ga. Laws 1975, p. 37), as amended, is hereby amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. The board is hereby authorized to establish a health insurance plan for public school teachers of the State of Georgia and to adopt and promulgate rules and regulations for its administration, subject to the limitations contained in this Act, which may provide for group hospitalization, surgical and medical insurance against the financial costs of hospitalization, surgery, medical treatment and care, and may also include, among other things, prescribed drugs, medicines, prosthetic appliances, hospital inpatient and outpatient service benefits, dental benefits, vision care benefits, and medical expense indemnity benefits, including major medical benefits."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Approved April 8, 1980.

GEORGIA LAWS 1980 SESSION

1543

PUBLIC ACCOUNTANCY ACT OF 1977 AMENDED -- INACTIVE STATUS LICENSES.
Code Chapter 84-2 Amended.
No. 1384 (Senate Bill No. 596).
AN ACT
To amend Code Chapter 84-2, known as the "Public Accountancy Act of 1977," so as to authorize inactive status licenses under certain circumstances; to provide for an extension of time for compliance with certain requirements; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Chapter 84-2, known as the "Public Accountancy Act of 1977,'.' is hereby amended by adding two new sections after Code Section 84-210, to be designated, respectively, Code Sections 84-210.1 and 84-210.2, to read as follows:
"84-210.1. Biennial inactive status licenses. The Board shall issue biennial inactive status licenses to applicants who, except for the requirement for continuing professional education, would qualify for biennial permits to practice.
84-210.2. Compliance with licensing requirements; extension of time. The failure of the Board to provide timely notification by certified mail to holders of live certificates of changes in the requirements for maintenance of such live certificates shall be regarded by the Board as sufficient cause for extending the period for compliance with such requirements by a period of 12 months."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

1544

GENERAL ACTS AND RESOLUTIONS, VOL. I

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved April 8, 1980.

EMPLOYEES' RETIREMENT SYSTEM ACT AMENDED PRIOR SERVICE WITH COUNTIES.
No. 1385 (House Bill No. 50).
AN ACT
To amend an Act establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, so as to provide for prior service for service rendered as an employee of a county under certain circumstances and subject to certain limitations; to change the provisions relative to creditable service with respect to members who have previously withdrawn contributions; to provide for matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, is hereby amended by striking from subsection (12) of Section 4 the following:
"not more than three times",
and by inserting following the words "shall be paid to the Employees' Retirement System" in the last sentence of subsection (12), the following:
"by the Teachers' Retirement System of Georgia",

GEORGIA LAWS 1980 SESSION

1545

so that when so amended subsection (12) of Section 4 shall read as follows:
"(12) Any current member having previously withdrawn his contributions from the Employees' Retirement System and/or the Teachers' Retirement System of Georgia, may, after two (2) years' active service as a contributing member, reestablish such creditable service as he would have been eligible for as a member of either system had he not withdrawn his contributions, upon his payment into the system a sum equal to the amount withdrawn from either system, plus regular interest at the rate of four and one-fourth percent (4 1/4%) per annum from the date of his withdrawal to the date of repayment, and such interest shall be placed in the Pension Accumulation Fund. For any member having repaid into the Employees' Retirement System contributions previously withdrawn from the Teachers' Retirement System, a comparable employer contribution shall be paid to the Employees' Retirement System by the Teachers' Retirement System of Georgia, plus accrued interest thereon, upon receipt of notice from the system."
Section 2. Said Act is further amended by adding at the end of Section 4 a new subsection (20) to read as follows:
"(20) Any person becoming a member of this retirement system at any time after January 1, 1980, but before July 1, 1981 as a result of being employed by a juvenile detention facility acquired by a department of State government from a county, who, immediately prior to becoming a member of this retirement system, was an employee of such county in a position covered by a retirement or pension system of such county, shall have the option, which must be exercised within six months after becoming a member of this retirement system, of transferring his employer and employee contributions credited to him under the county retirement or pension system, for service as an employee of the juvenile detention facility, to this retirement system. Such option shall be exercised by notifying, in writing, the governing body of the county retirement or pension system and the Board of Trustees of this retirement system of his desire for such transfer of such employer and employee contributions. Within thirty days after receiving such notification, the governing body of the county retirement or pension system shall pay to the Board of Trustees of this retirement system an amount equal to such employer and employee contributions. Upon the receipt of

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GENERAL ACTS AND RESOLUTIONS, VOL. I

such payment, the Board of Trustees shall deposit that portion thereof representing employee contributions into the annuity savings fund as a credit to the member, and said Board shall deposit that portion thereof representing employer contributions into the pension accumulation fund. Upon making such deposits to the annuity savings fund and the pension accumulation fund as aforesaid, such member shall receive as prior service under this Act credit for service rendered as an employee of the juvenile detention facility of the county, but the amount of prior service credited to such member shall be adjusted as necessary so that the accrued liability to this retirement system created by such prior service shall be fully funded by the amount of the payment received by the Board of Trustees as the employer and employee contributions under the county retirement or pension system. In the event the payment received by the Board of Trustees is insufficient to fund as prior service under this Act all service rendered as an employee of the juvenile detention facility of the county, the governing authority of the county which formerly employed such member shall be authorized, but not required, to pay to the Board of Trustees an amount which, when combined with the payment for employer and employee contributions as hereinabove provided, shall be sufficient to fund as prior service under this Act all service rendered as an employee of the juvenile detention facility. In the event a county governing authority elects to pay the additional amount provided for herein, said governing authority shall request, in writing, a certification from the Board of Trustees of such amount, and upon the payment thereof to the Board of Trustees, the member shall be credited with prior service under this Act for all service rendered as an employee of the juvenile detention facility of the county. The amount, if any, paid by a county governing authority as herein provided shall be deposited by the Board of Trustees into the pension accumulation fund."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

GEORGIA LAWS 1980 SESSION

1547

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved April 8, 1980.

SUPERIOR COURTS CLERKS' RETIREMENT SYSTEM ACT AMENDED.
No. 1386 (House Bill No. 104).
AN ACT
To amend an Act providing retirement benefits for the clerks of the superior courts of Georgia, approved February 15, 1952 (Ga. Laws 1952, p. 238), as amended, particularly by an Act approved March 3, 1964 (Ga. Laws 1964, p. 202), and an Act approved March 26, 1968 (Ga. Laws 1968, p. 420), and an Act approved March 29, 1971 (Ga. Laws 1971, p. 228), and an Act approved March 23, 1972 (Ga. Laws 1972, p. 352), and an Act approved March 24, 1976 (Ga. Laws 1976, p. 729), and an Act approved April 6, 1978 (Ga. Laws 1978, p. 2069), so as to provide for additional members of the Board of Commissioners of said fund and to provide a method of their election and initial terms; to provide conditions under which retired clerks may serve on the Board of Commissioners; to change the provisions relative to retirement benefits for superior court clerks and their spouses who are retired or may retire under the provisions of the Superior Court Clerks' Retirement Fund of Georgia; to provide for other matters relative to the foregoing; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing retirement benefits for the clerks of the superior courts of Georgia, approved February 15, 1952 (Ga. Laws 1952, p. 238), as amended, particularly by an Act approved

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GENERAL ACTS AND RESOLUTIONS, VOL. I

March 3, 1964 (Ga. Laws 1964, p. 202), and an Act approved March 26, 1968 (Ga. Laws 1968, p. 420), and an Act approved March 29, 1971 (Ga. Laws 1971, p. 228), and an Act approved March 23, 1972 (Ga. Laws 1972, p. 352), and an Act approved March 24, 1976 (Ga. Laws 1976, p. 729), and an Act approved April 6, 1978 (Ga. Laws 1978, p. 2069), is hereby amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1, to read as follows:
"Section 1. There is hereby continued a Board of Commissioners of the Superior Court Clerks' Retirement Fund of Georgia which is hereinafter referred to as the Board. The Board shall consist of seven trustees as follows:
(a) The Governor, ex officio;
(b) The Attorney General, ex officio; and
(c) Five superior court clerks who shall be elected by the Clerks' Group of the County Officers' Association of Georgia at its annual meeting. These five clerks shall be members of the retirement fund; provided, however, that at least one but not more than two of said clerks shall be retired clerks receiving retirement benefits.
The terms of the clerks presently serving as members of the Board on the effective date of this Section shall be unaffected, and they shall continue serving until the expiration of their current terms. The two additional clerks elected to the Board under this Section shall take office on July 1, 1979. One such clerk shall hold an initial term of office for eighteen months, through December 31, 1980; and the other such clerk shall hold an initial term of office for thirty months, through December 31, 1981. Thereafter, all clerks who are members of the Board shall be elected for terms of three years. The terms of the clerks elected to the Board shall begin on the first day of January of the year immediately following their election. The Board shall elect a chairman from the five clerks serving as members of the Board. All of the members of the Board shall serve without pay but they shall be reimbursed for their actual expenses in attending meetings of the Board and performing the duties required as members of the Board. In case a vacancy occurs in any of the five seats occupied by the clerks, the remaining mem-

GEORGIA LAWS 1980 SESSION

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bers shall elect a clerk who is a member of the retirement fund, or who is a retired clerk in accordance with the provisions of this Section, to fill the unexpired portion of the term. In case a vacancy occurs following the member's election by the clerks' group, but prior to his assumption of office on the next following January 1, the remaining members of the Board shall elect a clerk who is a member of the retirement fund, or who is a retired clerk in accordance with the provisions of this Section, to replace the elected clerk whose seat will be vacant. In case a vacancy occurs in either of the two seats occupied by the Governor and Attorney General, the person who serves as Governor or Attorney General, as the case may be, shall become a member of the Board. Four members of the Board shall constitute a quorum for the transaction of business."
Section 2. Said Act is further amended by striking Section 9C in its entirety, and inserting in lieu thereof a new Section 9C, to read as follows:
"Section 9C. In lieu of receiving the benefits provided in Section 9 of this Act, a clerk, upon retirement may elect to receive 80 percent of the benefits he is entitled to receive under Section 9, during the remainder of his life, and at his death, leaving a surviving spouse, said spouse shall be entitled to receive a monthly sum during her lifetime equal to 50 percent of the amount which her deceased spouse would have received had he taken the full benefits provided under Section 9 of this Act. In order to be eligible for such survivor's benefits, the spouse must have been married to the clerk for at least six years immediately preceding the death of said clerk. Survivor benefits shall not commence until after the spouses' fiftyfifth birthday."
Section 3. Said Act is further amended by striking Section 9D in its entirety and inserting in lieu thereof a new Section 9D, to read as follows:
"Section 9D. In the event any clerk has not retired under any of the provisions of this Act, but is eligible to do so, and dies, the surviving spouse shall receive a monthly sum during his or her lifetime equal to 50 percent of the amount said clerk would have received had he or she retired under the provisions of Section 9C of this Act. In order to receive such benefits, any such spouse must be at least 55 years of age and have been married to said clerk for at least six years immediately preceding the death of said clerk."

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Section 4. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved April 8, 1980.

EFFECT OF "OPEN-END" MORTGAGES LIMITED.
No. 1387 (House Bill No. 277).
AN ACT
To amend an Act limiting the effect of "open-end" clauses appearing in mortgages or deeds conveying realty as security for a debt, approved March 25, 1958 (Ga. Laws 1958, p. 655), as amended by an Act approved April 3, 1978 (Ga. Laws 1978, p. 1705), so as to provide that no future extension of credit, shall be secured by virtue of an "open-end" clause in the mortgage or deed to secure debt if the grantor of the instrument has transferred the property or a valuable interest therein and if the transfer instrument has been filed for record and actual knowledge of such transfer given to the holder of such mortgage or deed to secure debt; provided, however, that advances made to pay taxes, premiums on insurance, to pay sums due the holder of a deed to secure debt or

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lien on the property without which payment the secured position of the holder of the mortgage or deed to secure debt advancing such payment would be jeopardized, to repair, maintain or preserve the property and to complete improvements on the property, and expenses incident to the collection of the secured debt and the foreclosure thereof by court action and/or by exercise of a power of sale, shall be secured by a real estate mortgage or deed to secure debt whether or not such mortgage or deed to secure debt contains clauses providing therefore; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia;
Section 1. An Act limiting the effect of "open-end" clauses appearing in mortgages or deeds conveying realty as security for a debt, approved March 25, 1958 (Ga. Laws 1958, p. 655), as amended by an Act approved April 3, 1978 (Ga. Laws 1978, p. 1705), is hereby amended by deleting Section 1 in its entirety, and substituting a new Section 1 as follows;
"Section 1. The1 operation of `open-end' clauses contained in real estate mortgages or deeds conveying realty as security for a debt which clauses provide that such instruments or the property thereby conveyed secure, in addition to the debt therein named or described, any other debt or obligation that may be or become owing by the mortgagor or grantor is limited to other debts or obligations arising ex contractu (as distinguished from ex delicto) between the original parties to such security instrument. The term `original parties' as used herein shall include, without limitation, any bank, trust cqmpany, or other corporation into which the grantee of any such real estate mortgage or deed conveying realty as security for a debt shall be merged or consolidated."
Section 2. Said Act is further amended by adding following Section 1 thereof a new section to be designated Section 2, to read as follows:
"Section 2. (a) A real estate mortgage or deed conveying realty as security for a debt shall secure (whether or not it contains clauses providing therefor) advances made to pay taxes, to pay premiums on insurance on the property, to pay sums due the holder of a deed to secure debt or lien on the property without which pay-

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ment the secured position of the holder of the mortgage or deed to secure debt advancing such payment would be jeopardized, to repair, maintain or preserve the property, and to complete improvements on the property whether such advances were made by the original owner or any subsequent owner of the mortgage or deed to secure debt, and whether the property is still owned by the original mortgagor or grantor or owned by a subsequent purchaser of such property, and shall secure all expenses incident to the collection of the debt thereby secured and the foreclosure thereof by action in any court and/or by exercise of the power of sale therein contained.
(b) Except for the above-described advances set out in subsection (a) above, any extension of credit to the mortgagor or grantor after the effective date of this Act, as to any debt or obligation arising subsequent to the actual notice of transfer of property or any valuable interest therein as hereinafter provided shall not be secured by virtue of the operation of an `open-end' clause described in Section 1 if the grantor of the instrument containing such `open-end' clause has transferred the property subject to such instrument or any valuable interest in such property if the instrument effecting such transfer has been filed for record and actual notice of such transfer given to the holder of such instrument. In addition to other means of furnishing actual notice, for the purpose of this subsection, `actual notice' shall be deemed to have been given to the holder of such instrument upon evidence that a properly stamped envelope addressed to said holder at its principal office, containing a copy of the recorded transfer, was placed in the United States Mail for Registered or Certified delivery and the holder or an officer, agent, employee or representative of the holder acknowledged receipt thereof on a United States Postal Service Return Receipt Form for Registered or Certified Mail Delivery.
(c) Notwithstanding subsections (a) and (b) above and the occurrence of any of the events, acts or conditions described therein, a real estate mortgage or deed conveying realty as security for a debt shall continue to secure any debt or obligation named or described therein and any advance permitted by Section 2 of said Act."

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved April 8, 1980.

EMPLOYMENT SECURITY LAW AMENDED.
No. 1388 (House Bill No. 698).
AN ACT
To amend an Act known as the Employment Security Law (formerly Unemployment Compensation Law), approved March 29, 1937 (Ga. Laws 1937, p. 806), as amended, so as to provide that for purposes of unemployment compensation coverage, employees of county and district health agencies which are established under Georgia Code Chapter 88-2 shall be deemed employees of the State of Georgia; to provide for retroactive coverage in certain counties; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act known as the Employment Security Law (formerly Unemployment Compensation Law), approved March 29, 1937 (Ga. Laws 1937, p. 806), as amended, is hereby amended by adding at the end of subparagraph (B) of paragraph (8) of subsection (h) of Section 19 the following:
"For the purposes of unemployment compensation coverage provided for by this Act, employees of county and district health agencies established under the provisions of Georgia Code Chapter 88-2 are deemed and shall be considered employees of the State of Georgia. The provisions of this subparagraph shall be effective as of January 1, 1978, for those counties as to which an appeal is pending before the State Labor Department or the superior court concerning their liability as employers under the provisions of this Act.",

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so that when so amended, subparagraph (B) shall read as follows:
"(B) Service performed after December 31, 1977, in the employ of this State or any of its instrumentalities or any political subdivision thereof or any of its instrumentalities or any instrumentality of more than one of the foregoing or any instrumentality of any of the foregoing and one or more states or political subdivisions: Provided, that such service is excluded from `employment' as defined in the Federal Unemployment Tax Act by Section 3306(c)(7) of that Act and is not excluded from `employment' under Section 19(h)( 10)(C) of this Act. Provided further, each of the governmental entities described above shall be individually liable for the payment of contributions or reimbursement for payment of benefits as provided in Section 7A and provided further each shall be individually responsible for the filing of the Quarterly Wage Summary Reports as promulgated in regulations by the Commissioner and provided in Section 11(g). For the purposes of unemployment compensation coverage provided for by this Act, employees of county and district health agencies established under the provisions of Georgia Code Chapter 88-2, local law, or local constitutional amendment are deemed and shall be considered employees of the State of Georgia. The provisions of this subparagraph shall be effective as of January 1, 1978, for those counties as to which an appeal is pending before the State Labor Department or the superior court concerning their liability as employers under the provisions of this Act."
Section 2. This Act shall become effective on the first of the month following the month in which funds are appropriated to implement the provisions of this Act.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved April 8, 1980.

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PUBLIC REVENUE - COLLECTION OF DEBTS TO STATE, ETC.
Code Title 91A Amended.
No. 1389 (House Bill No. 1135).
AN ACT
To amend Code Title 91 A, relating to public revenue, as amended, so as to provide for the collection of debts owed to the State by setoff of such debts against certain income tax refunds; to define terms; to provide that said remedy is additional to other remedies; to prescribe procedures for such setoff; to provide for hearings and appeals in contested cases; to provide priorities between claims for setoff; to provide exemption from other laws relating to confidentiality; to provide for forms, rules and regulations; to provide for other matters relative to the foregoing; to amend Code Section 91A3913 to permit the Department of Revenue to transfer an amount equal to income tax refunds to a claimant agency for the purpose of offsetting such refunds against debts owed to the claimant agency; to provide for the non-payment of interest on such transferred amounts; to provide for payment of interest on such transferred funds to which the taxpayer is entitled after a final determination concerning setoff; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Title 91 A, relating to public revenue, as amended, is hereby amended by adding at the end of Part IV a new Chapter 91A-41, to read as follows:
"CHAPTER 91A-41. SETOFF DEBT COLLECTION
91A-4101. Purposes. The purpose of this Chapter is to establish a policy and to provide a system whereby all claimant agencies of the State of Georgia in conjunction with the Department of Revenue shall cooperate in identifying debtors who owe money to the State through its various claimant agencies and who qualify for refunds from the Department of Revenue. It is also the intent of this Chap-

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ter to establish procedures for setting off against any such refund the sum of any debt owed to the State. Further, it is the intent of the legislature that this Chapter be liberally construed so as to effectuate these purposes.
91A-4102. Definitions. As used in this Chapter:
(a) `Claimant agency' means and includes the Department of Human Resources with respect to collection of debts under:
(1) `The Patient Cost of Care Act,' approved April 13, 1979 (Ga. Laws 1979, p. 834), as now or hereafter amended.
(2) The `Child Support Recovery Act,' approved March 28, 1973 (Ga. Laws 1973, p. 192), as now or hereafter amended.
(3) Section 9 of `The Medical Assistance for the Aged Act,' approved March 28, 1961 (Ga. Laws 1961, p. 160), as now or hereafter amended.
(4) Section 13 of `The Georgia Public Assistance Act of 1965,' approved March 30, 1965 (Ga. Laws 1965, p. 385), as now or hereafter amended.
(b) `Debtor' means any individual owing money to or having a delinquent account with any claimant agency, which obligation has not been adjudicated satisfied by court order, set aside by court order, or discharged in bankruptcy.
(c) `Debt' means any liquidated sum due and owing any claimant agency which has accrued through contract, subrogation, tort, or operation of law regardless of whether there is an outstanding judgment for that sum.
(d) `Department' means the Department of Revenue of the State of Georgia.
(e) `Refund' means the Georgia income tax refund which the Department determines to be due any individual taxpayer.
91A-4103. Remedy additional. The collection remedy authorized by this Chapter is in addition to and not in substitution for any other remedy available by law.

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91A-4104. Collection of debts through setoff, (a) A claimant agency may submit any debts in excess, of $25 owed to it to the Department for collection through setoff, under the procedure established by this Chapter, except in cases where the validity of the debt is legitimately in dispute, an alternate means of collection is pending and believed to be adequate, or such collection would result in a loss of federal funds or federal assistance.
(b) Upon request of a claimant agency, the Department shall set off any refund, as defined herein, against the sum certified by the claimant agency as provided in this Chapter.
91A-4105. Procedure for setoff and notification of taxpayer, (a) Within a time frame specified by the Department, a claimant agency seeking to collect a debt through setoff shall supply the information necessary to identify each debtor whose refund is sought to be setoff and certify the amount of the debt or debts owed by each such debtor.
(b) If a debtor identified by a claimant agency is determined by the Department to be entitled to a refund of at least $25.00 the Department shall transfer an amount equal to the refund owed, not to exceed the amount of the claimed debt certified, to the claimant agency. When the refund owed exceeds the claimed debt, the Department shall send the excess amount to the debtor within a reasonable time after such excess is determined.
(c) At the time of the transfer of funds to a claimant agency pursuant to subsection (b) above, the Department shall notify the taxpayer or taxpayers whose refund is sought to be setoff that the transfer has been made. Such notice shall clearly set forth the name of the debtor, the manner in which the debt arose, the amount of the claimed debt, the transfer of funds to the claimant agency pursuant to subsection (b) above and the intention to setoff the refund against the debt, the amount of the refund in excess of the claimed debt, the taxpayer's opportunity to give written notice to contest the setoff within 30 days of the date of mailing of the notice, the name and mailing address of the claimant agency to which the application for a hearing must be sent, and the fact that failure to apply for such a hearing, in writing, within the 30 day period will be deemed a waiver of the opportunity to contest the setoff. In the case of a joint return, the notice shall also state the name of the taxpayer named in

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the return, if any, against whom no debt is claimed, the fact that a debt is not claimed against such taxpayer, the fact that such taxpayer is entitled to receive a refund if it is due him regardless of the debt asserted against his spouse, and that in order to obtain a refund due him such taxpayer must apply, in writing, for a hearing with the claimant agency named in the notice within 30 days of the date of the mailing of the notice. If a taxpayer fails to apply in writing for such a hearing within 30 days of the mailing of such notice, he will have waived his opportunity to contest the setoff.
(d) Upon receipt of funds transferred from the Department pursuant to subsection (b) above, the claimant agency shall deposit and hold such funds in an escrow account until a final determination of the validity of the debt.
(e) The claimant agency shall pay the Department for all costs incurred by the Department in setting off debts in the manner provided in this Chapter.
91A-4106. Hearing procedure, (a) If the claimant agency receives written application contesting the setoff or the claim upon which the setoff is based, it shall grant a hearing to the taxpayer to determine whether the setoff is proper or the claim is valid, according to the procedures established under the Georgia Administrative Procedure Act. If the sum asserted as due and owing is not correct, an adjustment to the claimed sum may be made.
(b) The hearing established by subsection (a) above shall be in lieu of a hearing before the Department of Revenue pursuant to Section 13 of the Georgia Administrative Procedure Act; and the Department shall not grant a hearing to determine the validity of the claimed sum or the propriety of the setoff.
(c) No issues shall be reconsidered at the hearing which have been previously litigated.
(d) Appeals from actions taken at the hearing allowed under this section shall be in accordance with the provisions of the Georgia Administrative Procedure Act, as now or hereafter amended.

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91A-4107. Finalization and notice of setoff.
(a) Upon final determination of the amount of the debt due and owing by means of the hearing provided by Section 91 A-4106 or by the taxpayer's default through failure to comply with Section 91A4105 mandating timely request for review, the claimant agency shall remove the amount of the debt due and owing from the escrow account established pursuant to Section 91 A-4105 and shall credit such amount to the debtor's obligation.
(b) Upon transfer of the debt due and owing from the escrow account to the credit of the debtor's account, the claimant agency shall notify the debtor in writing of the finalization of the setoff. Such notice shall include a final accounting of the refund which was setoff including the amount of the refund to which the debtor was entitled prior to setoff, the amount of the debt due and owing, the amount of the refund in excess of the debt which has been returned to the debtor by the Department pursuant to Section 91A-4105(b), and the amount of the funds transferred to the claimant agency pursuant to Section 91 A-4105 in excess of the debt determined to be due and owing at a hearing held pursuant to Section 91 A-4106, if such a hearing was held. At such time, the claimant agency shall refund to the debtor the amount of the claimed debt originally certified and transferred to it by the Department in excess of the amount of debt finally found to be due and owing.
91 A-4108. Priority. The Department has priority, pursuant to Section 91A-245(c), over every claimant agency for collection by setoff under this Chapter.
91 A-4109. Rules and regulations. The State Revenue Commissioner is authorized to prescribe forms and promulgate rules and regulations which he deems necessary in order to effectuate the intent and provisions of this Chapter.
91A-4110. Confidentiality exemption; nondisclosure, (a) Notwithstanding the provisions of 91A-3711 (Ga. Laws 1979, pp. 5, 64) prohibiting disclosure by the Department of Revenue of the contents of taxpayer records or information and notwithstanding any other confidentiality statute, the State Revenue Commissioner may provide to a claimant agency all information necessary to accomplish and effectuate the intent of this Chapter.

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(b) The information obtained by a claimant agency from the Department of Revenue in accordance with the provisions of this Chapter shall retain its confidentiality and shall only be used by a claimant agency in the pursuit of its debt collection duties and practices; and any employee or prior employee of any claimant agency who unlawfully discloses any such information for any other purpose, except as otherwise specifically authorized by law, shall be subject to the same penalties specified by law for unauthorized disclosure of confidential information by an agent or employee of the Department of Revenue.
91A-4111. Effect. When the setoff authorized by this Chapter is exercised, the refund which is set off shall be deemed granted."
Section 2. Code Section 91A-3913, relating to income tax refunds and credits, is hereby amended by adding a new subsection (d) at the end to read as follows:
"(d) Setoffs. Notwithstanding any other provisions of this subsection, a refund or a portion thereof may be transferred to a claimant agency to setoff a debt due and owing to the claimant agency as provided in Chapter 91A-41 of this Title. When any action pursuant to that Chapter is taken, the provisions of that Chapter shall govern all aspects of right and entitlement to refunds covered thereunder. Funds transferred to claimant agencies shall not bear interest. If there is a final determination that the taxpayer (debtor) is entitled to receive all or part of the funds transferred to a claimant agency, the amount to which the taxpayer is entitled shall bear interest at the rate provided in Code Section 91A-245 beginning 30 days after such final determination."
Section 3. This Act shall become effective on July 1, 1980.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved April 8, 1980.

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REGULATION OF MANUFACTURE AND SALE OF WINE.
Code Chapter 58-8 Amended.
No. 1390 (House Bill No. 1165).
AN ACT
To amend Code Chapter 58-8, relating to regulation and taxation of wine, so as to permit certain manufacturers in this state to sell wine under certain circumstances; to provide limitations; to provide a license fee; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Chapter 58-8, relating to regulation and taxation of wine, is hereby amended by adding a new Section after Code Section 58-806, to be designated Code Section 58-806.1, to read as follows:
"58-806.1. License for manufacture and sale by small domestic wineries, (a) The Commissioner may authorize any licensee authorized to manufacture wine in this State to sell such wine at retail on the premises of the winery, provided the licensee produces less than 10,000 gallons of wine per year and the wine is made wholly in Georgia from Georgia-grown agricultural products.
(b) The annual license tax for each license issued pursuant to this Section shall be the same as that provided in Code Section 58804 with respect to wineries and manufacturers.
(c) The surety bond required as a condition upon issuance of a license pursuant to this Section shall be the same as that required pursuant to Code Section 58-807 with respect to wineries.
(d) Wines sold at retail by a manufacturer as provided in Section 58-806.1(a) shall have levied thereon an excise tax as prescribed by Section 58-803 and such tax shall be reported and remitted to the Commissioner as provided in Section 58-808."

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Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved April 8, 1980.

TEACHERS' RETIREMENT SYSTEM ACT AMENDED -- MINIMUM RETIREMENT BENEFITS.
No. 1391 (House Bill No. 1178).
AN ACT
To amend an Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, particularly by an Act approved April 17, 1973 (Ga. Laws 1973, p. 895), an Act approved March 28, 1974 (Ga. Laws 1974, p. 1139), an Act approved March 2, 1978 (Ga. Laws 1978, p. 237), and an Act approved April 13, 1979 (Ga. Laws 1979, p. 1004), so as to change the provisions relating to minimum retirement benefits for previously retired persons; to provide that this Act shall become effective when funds are appropriated by the General Assembly to carry out its provisions; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, particularly by an Act approved April 17, 1973 (Ga. Laws 1973, p. 895), an Act approved March 28, 1974 (Ga. Laws 1974, p. 1139), an Act approved March 2, 1978 (Ga. Laws 1978, p. 237), and an Act approved April 13, 1979 (Ga. Laws 1979, p. 1004), is hereby amended by striking from paragraph (e) of subsection (2) of Section 5 the following:

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"$10.00",
and inserting in lieu thereof the following:
"$12.00",f
so that when so amended said paragraph (e) shall read as follows:
"(e) In the case of the retirement of any member, the allowance to be received by such member shall not be less than $12.00 per month for each year of service not to exceed forty years of service."
Section 2. This Act shall become effective when funds are appropriated by the General Assembly to carry out the provisions of this Act.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved April 8, 1980.

EMPLOYMENT SECURITY LAW AMENDED.
No. 1392 (House Bill No. 1212).
AN ACT
To amend an Act known as the Employment Security Law (formerly the Unemployment Compensation Law), approved March 29, 1937 (Ga. Laws 1937, p. 806), as amended, so as to provide for a decrease in weekly unemployment compensation benefits based on receipt of governmental or other pension retirement or retirement pay, annuity, or other similar periodic payment; to provide for alternatives allowed by the Federal Unemployment Tax Act; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia:
Section 1. An Act known as the Employment Security Law (formerly the Unemployment Compensation Law), approved March 29, 1937 (Ga. Laws 1937, p. 806), as amended, is hereby amended by adding a new subsection (e) to Section 3 to read as follows:
"(e) The amount of unemployment compensation payable to an individual for any week which begins after March 31, 1980, and which begins in a period with respect to which such individual is receiving a governmental or other pension retirement or retired pay, annuity, or any other similar periodic payment which is based on the previous work of such individual shall be reduced, but not below zero, by an amount equal to the amount of such pension retirement or retired pay, annuity, or other payment which is reasonably attributable to such week. Such benefit, if not a multiple of $ 1.00, shall be computed to the nearest multiple of $ 1.00; provided that, if the provisions of the Federal Unemployment Tax Act permit, the Commissioner may prescribe in regulations which are consistent with the Federal Unemployment Tax Act that:
(1) The requirements of this paragraph shall only apply in the case of a pension retirement or retired pay, annuity, or other similar periodic payment under a plan maintained (or contributed to) by a base period or chargeable employer (as determined under this Act); and/or
(2) In determining the amount of any such reduction, the contributions made by the individual for the pension retirement or retired pay, annuity, or other similar periodic payment shall be taken into account.
(3) The effective date of the application of this subsection may be changed to correspond with Federal Unemployment Tax Act requirements.
Provided, further, it is the intent of the General Assembly that this subsection (e) shall be administered in all respects in conformity with the Federal Unemployment Tax Act requirements."
Section 2. This Act shall become effective on March 31,1980.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved April 8, 1980.

EMPLOYMENT SECURITY LAW AMENDED.
No. 1393 (House Bill No. 1213).
AN ACT
To amend an Act known as the "Employment Security Law" (formerly the "Unemployment Compensation Law"), approved March 29, 1937 (Ga. Laws 1937, p. 806), as amended, so as to delete references to other sections which are no longer valid; to provide for noncharging of experience accounts under certain circumstances; to delete a provision denying a rate computation under certain circumstances; to change certain words for clearer meaning; to raise interest rate on delinquent taxes from one-half percent to one percent per month; to provide for certification and submission of bills to Department of Administrative Services for payment of delinquent public employers; to clarify the meaning regarding the period of time for disqualification under Section 16(f); to provide for other matters relative to the foregoing; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act known as the "Employment Security Law" (formerly the "Unemployment Compensation Law"), approved March 29, 1937 (Ga. Laws 1937, p. 806), as amended, is hereby amended by striking from paragraph (1) of subsection (a) of Section 4A the following:
"Section 8(d)(2) and",

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so that when so amended paragraph (1) of subsection (a) of Section 4A shall read as follows:
"(a) (1) Benefits based on service in employment defined in Section 19(h)(8) and (9), shall be payable in the same amount, on the same terms and subject to the same conditions as compensation payable on the basis of other services subject to this Act; except that benefits based on service in an instructional, research, or principal administrative capacity in an institution of higher education shall not be paid to an individual for any week of unemployment which begins during the period between two successive academic years, or during a similar period between two regular terms, whether or not successive, or during a period of paid sabbatical leave provided for in the individual's contract, if the individual has a contract or contracts to perform services in any such capacity for any institution or institutions of higher education of both such academic years or both such terms."
Section 2. Said Act is further amended by adding a new unnumbered paragraph to paragraph (2) of subsection (c) of Section 7 to read as follows:
"Provided, further, effective with benefit years beginning on or after July 1, 1980, that benefits paid to an individual who earned base-period wages for part-time employment shall not be charged to the experience rating account of an employer who complies with all of the following: (1) provided base-period part-time employment; (2) continues to provide employment to the same extent as that parttime employment provided in the base period; (3) is an interested party because of the individual's loss of other employment; and (4) furnishes timely information pursuant to the Regulations of the Commissioner of Labor.",
so that when so amended paragraph (2) of subsection (c) of Section 7 shall read as follows:
(2) Benefits paid to an individual shall be charged, in the amount hereinafter provided, against the accounts of his base-period employers. Provided, however, an employer's account shall not be charged with benefits paid an individual on the current or second benefit year claim based on wages earned prior to his separation

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from or failure to accept from such employer an offer of work that was suitable in every respect save that of distance due to such individual's change of residence, under disqualifying conditions as provided in Section 5 of this Act; or, provided, further, that an employer shall not be charged with benefits paid if no disqualification is imposed as provided in Section 5 of this Act only because such employer is not the most recent employer; or, provided, further, an employer shall not be charged with benefits paid if an individual's employment was terminated by the retirement of the individual pursuant to a retirement or lump-sum retirement pay plan under which the age of mandatory retirement has been agreed upon by the employer and his employees or by the bargaining agent representing such employees, any such benefits paid to such individuals shall be charged against the fund and not against the account of the employer, and the employer has furnished timely notice of separation or refusal of work pursuant to the Regulations of the Commissioner of Labor.
(A) The amount of benefits so chargeable against each base-period employer's account shall be that proportion of the benefits paid to an individual which the base-period wages paid to the individual by such employer bear to the total amount of base-period wages paid to the individual by all his base-period employers; Provided, that only fifty per centum of the `extended benefits' paid shall be so chargeable pursuant to `Title II PL 91373'. Provided, further, that the provisions of Public Law 93572 and any agreement entered into thereunder between the Commissioner and the Secretary of Labor shall be controlling. Charges pursuant to this Section of amounts less than $1.00 shall be disregarded.
(B) Effective January 1, 1979, any other provisions of law to the contrary notwithstanding, extended benefits paid that are attributable to service in the employ of any governmental entity as described in section 19(h)(8)(B) shall be financed in their entirety by such governmental entity.
Provided, further, effective with benefit years beginning on or after July 1, 1980, that benefits paid to an individual who earned base-period wages for part-time employment shall not be charged to the experience rating account of an employer who complies with all of the following: (1) provided base-period part-time employment; (2)

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continues to provide employment to the same extent as that parttime employment provided in the base period; (3) is an interested party because of the individual's loss of other employment; and (4) furnishes timely information pursuant to the Regulations of the Commissioner of Labor."
Section 3. Said Act is further amended by striking in their entirety the second and third unnumbered paragraphs of paragraph (5) of subsection (c) of Section 7 and inserting in lieu thereof the following:
"Provided, however, that as of any computation date, on and after June 30, 1980, any employer who has failed to file by the end of the month following any computation date or by thirty (30) days from the date of notice to the employer that the reports hereinafter referred to are due and have not been received, whichever is later, (unless the time for filing reports has been further extended under Section 16[e] [Section 54-632.1, Ga. Code Ann.]) all required reports with respect to employment and wages paid, together with such other information as is necessary to compute his contribution rate under this Section, shall not be eligible for a reduced rate but shall be assigned the maximum rate, including increases and decreases resulting from application of Section 7(c)(8) of this Act, assigned to employers with positive reserves if his account shows an excess of contributions over benefits charged, or the maximum rate, including increases or decreases resulting from application of Section 7(c)(8) of this Act, assigned to employers with deficit reserves if his account shows an excess of benefits charged over contributions paid. Such rate shall remain effective until the end of the calendar year for which such rate has been assigned. Provided, also, the above provision shall apply regarding any delinquent reports required pursuant to Section 14(g) of this Act.",
so that when so amended paragraph (5) of subsection (c) of Section 7 shall read as follows:
"(5) For the year 1942 and each calendar year thereafter, employers shall be classified in accordance with their actual experience in the payment of contributions, and with respect to benefits charged against their accounts, with a view of fixing such contribution rates as will reflect such benefit experience. Each employer's rate for any calendar year shall be determined on the basis of his record as of the computation date for that calendar year.

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Provided, however, that as of any computation date, on and after June 30, 1980, any employer who has failed to file by the end of the month following any computation date or by thirty (30) days from the date of notice to the employer that the reports hereinafter referred to are due and have not been received, whichever is later, (unless the time for filing reports has been further extended under Section 16[e] [Section 54-632.1, Ga. Code Ann.]) all required reports with respect to employment and wages paid, together with such other information as is necessary to compute his contribution rate under this Section, shall not be eligible for a reduced rate but shall be assigned the maximum rate, including increases and decreases resulting from application of Section 7(c)(8) of this Act, assigned to employers with positive reserves if his account shows an excess of contributions over benefits charged, or the maximum rate, including increases or decreases resulting from application of Section 7(c)(8) of this Act, assigned to employers with deficit reserves if his account shows an excess of benefits charged over contributions paid. Such rate shall remain effective until the end of the calendar year for which such rate has been assigned. Provided, also, the above provision shall apply regarding any delinquent reports required pursuant to Section 14(g) of this Act."
Section 4. Said Act is further amended by striking the word "all" as it appears in the first line of the first sentence of the last paragraph of paragraph (6) of subsection (c) of Section 7 and inserting in lieu thereof the word "an", so that when so amended the first sentence of the last paragraph of paragraph (6) of subsection (c) of Section 7, with the exception of the tables which shall remain the same, shall read as follows:
"If the total of an employer's contributions paid on or before the last day of the month immediately following the computation date with respect to wages paid by him on or before such computation date, is less than the total benefits which were charged to his account and paid on or before the computation date, his contribution rate for the ensuing calendar year shall be determined by dividing such deficit by his average annual payroll and applying the resulting percentage to the following rate table, which shall apply beginning with the computation date, June 30, 1978, and each computation date thereafter as shown:".

so

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Section 5. Said Act is further amended by striking from the first paragraph of subsection (b) of Section 7A the following:
"which elects coverage pursuant to subsection (d) of section 8 of this Act,",
and by striking the word "or" after the word "election" in the nextto-last line, so that when so amended the first paragraph of subsection (b) of Section 7A shall read as follows:
"Reimbursement in lieu of contributions. Hospitals and institutions of higher education operated by the State or an instrumentality thereof, or a nonprofit organization, which, pursuant to section 19 of this Act, is, or becomes, subject to this Act on or after January 1, 1972, shall pay contributions under the provisions of section 7 of this Act, unless it elects to make payments in lieu of contributions, in accordance with this subsection. Hospitals or institutions of higher education operated by the State or an instrumentality thereof, or nonprofit organizations, which so elect, and hospitals or institutions of higher education operated by a political subdivision or an instrumentality thereof shall pay to the Commissioner for the unemployment fund an amount equal to the full amount of regular benefits plus one-half of the amount of extended benefits paid, that is attributable to service in the employ of such hospital or institution of higher education or nonprofit organization, to individuals during the effective period of such election with respect to political subdivisions, the effective period of their subjectivity."
Section 6. Said Act is further amended by striking in its entirety subsection (a) of Section 14 and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Interest on Past-Due Contributions.--Contributions unpaid on the date on which they are due and payable, as prescribed by the Commissioner, shall bear interest at the rate of one per centum per month or any fraction thereof from and after such date until payment plus accrued interest is received by the Commissioner."
Section 7. Said Act is further amended by adding a new subsection (i) to Section 14 to read as follows:

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"(i) Should any State department, political subdivision of the State, any instrumentality of a political subdivision of the State, or any instrumentality of one or more of the foregoing become more than one hundred and twenty (120) days delinquent in contributions or reimbursements in lieu of contributions due to the Unemployment Compensation Fund, the Employment Security Agency shall certify to the Fiscal Division of the Department of Administrative Services the amount due and the Fiscal Division shall transfer the amount due to the Employment Security Agency from funds it has available for distribution to the respective State department, political subdivision of the State, instrumentality of a political subdivision of the State, or instrumentality of one or more of the foregoing. The certification shall be signed by the Commissioner of Labor and shall be conclusive proof of the delinquency. The Commissioner of Labor shall mail a copy of the certification to the delinquent public employer on the date of transmittal to the Department of Administrative Services. Should the public employer wish to appeal the Commissioner's decision, he shall so notify the Commissioner within fifteen (15) days from the date the certification is mailed to the public employer. The Commissioner shall at that time, upon receipt of the notice, request the Attorney General to appoint an independent attorney as an administrative hearing officer to hear all issues involved and render a decision. Should the public employer or the Commissioner contest the independent administrative hearing officer's decision, an appeal may be filed, within thirty (30) days after the decision of the independent administrative hearing officer has been mailed, in the Superior Court of the county in which such decision was rendered. The Attorney General shall represent the Commissioner of Labor in any such matters appealed."
Section 8. Said Act is further amended by striking from subsection (f) of Section 16 the following:
"such determination by the Commissioner",
and inserting in lieu thereof the following:
"the commission of such act",
so that when so amended subsection (f) shall read as follows:

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"(f) Any person who makes a false statement or misrepresentation as to a material fact, knowing the same to be false or who knowingly fails to disclose a material fact to obtain or increase benefits under this Act, either for himself or for any other person, or who knowingly accepts benefits under this Act to which he is not entitled, shall, upon an appropriate finding by the Commissioner, cease to be eligible and shall forfeit all benefits, paid or unpaid, for any weeks of unemployment subsequent to the commission of said act and/or omission, including any benefits to which he would otherwise be entitled during the remainder of any incompleted calendar quarter and the next four complete calendar quarters immediately following the commission of such act; provided, however, that no such determination may be made more than twelve months after such occurrence, act, or omission occurring prior to July 1, 1977; and, provided further, that no such determination may be made more than four years after such occurrence, act, or omission occurring on or after July 1, 1977. Any such determination by the Commissioner may be appealed in the same manner as provided for the appeal from an initial determination in Section 6 of this Act. The provisions of this subsection shall be in addition to, and not in lieu of, any provision contained in any of the other subsections of this Section."
Section 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval except for Section 6 which shall become effective on July 1, 1980.
Section 10. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved April 8, 1980.

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GEORGIA ALCOHOLIC BEVERAGE CODE.
Code Title 5A Created.
No. 1394 (House Bill No. 1330).
AN ACT
To amend the Code of Georgia of 1933, as amended, so as to codify, revise, clarify, classify, consolidate, modernize, and supersede exhaustively and completely certain laws relating to the regulation and taxation of alcoholic beverages; to create Code Title 5A of the Code of Georgia of 1933, as amended; to provide a short title; to define certain terms; to provide for continuation of certain forms and filings; to provide that the Act shall not affect or abate certain actions, rights, proceedings, and violations; to provide for administration of the provisions of the title by the State Revenue Commissioner; to provide for rules and regulations; to specify powers of the State Revenue Commissioner; to specify certain prohibitions; to declare certain privileges; to specify certain requirements; to provide for access to certain records; to provide for penalties and interest; to specify certain law enforcement duties; to provide for seizure and disposition of contraband; to provide for a tax on distilled spirits; to regulate package sales; to provide license and excise taxes; to regulate sales by the drink; to provide excise and license taxes; to tax and regulate sales and consumption of beer and wine; to authorize certain local option alcoholic beverage control; to provide for sales and regulation of alcoholic beverages in private clubs; to specify certain crimes; to amend an Act known as "The Georgia Administrative Procedure Act," approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended, particularly by an Act approved April 14, 1975 (Ga. Laws 1975, p. 404), so as to provide that the regulation of liquor and alcoholic beverages is within the scope of the Act; to provide for other matters relative to the foregoing; to provide that certain laws are not repealed; to repeal certain specific laws; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Title 5A created. The Code of Georgia of 1933, as amended, is hereby amended by adding a new title after Title 5 thereof, to be designated Code Title 5A, to read as follows:

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"TITLE 5A ALCOHOLIC BEVERAGES
PART I Provisions Applicable To Department
of Revenue and Regulation and Taxation of Alcoholic Beverages Generally
CHAPTER 5A-1 Preliminary Matters
5A-101. Short title. This title shall be known and may be cited as the `Georgia Alcoholic Beverage Code.'
5A-102. Definitions. As used in this title:
(1) `Alcohol' means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.
(2) `Alcoholic beverage' means and includes all alcohol, distilled spirits, beer, malt beverage, wine, or fortified wine as defined in this section.
(3) `Broker' means any person who purchases or obtains an alcoholic beverage from an importer, '-distiller, brewery, or winery and sells the alcoholic beverage to another broker, importer, or wholesaler without having custody of the alcoholic beverage or maintaining a stock of the alcoholic beverage.
(4) `Census' means the United States decennial census of 1970 or any future such census.
(5) `Commissioner' means the State Revenue Commissioner.
(6) `County or municipality' means those political subdivisions of this state as defined by law and includes any form of political subdivision consolidating a county with one or more municipalities.
(7) `Department' means the Department of Revenue of the State of Georgia.

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(8) `Distilled spirits' means any alcoholic beverage obtained by distillation or containing more than 21 percent alcohol by volume including, but not limited to, all fortified wines.
(9) `Fortified wine' means any alcoholic beverage containing more than 21 percent alcohol by volume made from fruits, berries, or grapes either by natural fermentation or by natural fermentation with brandy added. `Fortified wine' includes, but is not limited to, brandy.
(10) `Gallon' or `wine gallon' means a United States gallon of liquid measure equivalent to the volume of 231 cubic inches or the nearest equivalent metric measurement.
(11) `Importer' means any person who imports an alcoholic beverage into this state from a foreign country and sells the alcoholic beverage to another importer, broker, or wholesaler and who maintains a stock of the alcoholic beverage.
(12) `Individual' means a natural person.
(13) `Malt beverage' means any alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any other similar product, or any combination of such products in water, containing not more than 6 percent alcohol by volume, and including ale, porter, brown, stout, lager beer, small beer, and strong beer. The term `malt beverage' does not include sake, known as Japanese rice wine.
(14) `Manufacturer' means any maker, producer, or bottler of an alcoholic beverage. `Manufacturer' also means:
(A) In the case of distilled spirits, any person engaged in distilling, rectifying, or blending any distilled spirits.
(B) In the case of malt beverages, any brewer.
(15) `Military reservation' means a duly commissioned post, camp, base, or station of a branch of the armed forces of the United States located on territory within this state which has been ceded to the United States.

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(16) `Package' means a bottle, can, keg, barrel, or other original consumer container.
(17) `Person' means any individual, firm, partnership, cooperative, nonprofit membership corporation, joint venture, association, company, corporation, agency, syndicate, estate, trust, business trust, receiver, fiduciary, or other group or combination acting as a unit, body politic, or political subdivision, whether public, private, or quasi-public.
(18) `Retail consumption dealer' means any person who sells distilled spirits for consumption on the premises at retail only to consumers and not for resale.
(19) `Retail dealer' means, except as to distilled spirits, any person who sells alcoholic beverages, either in unbroken packages or for consumption on the premises, at retail only to consumers and not for resale. With respect to distilled spirits, `retail dealer' means any person who sells distilled spirits in unbroken packages at retail only to consumers and not for resale.
(20) `Shipper' means any person who ships an alcoholic beverage from outside this state.
(21) `Standard case' means six half gallons, 12 fifths of a gallon or quarts, 24 tenths of a gallon or pints, 48 half pints, or respectively their nearest metric equivalents as provided for in the Uniform Standards of Fill of the U. S. Treasury Department, or carton or receptacle containing such quantities.
(22) `Tax stamp' means the official mark, stamp, or indicium of the department used to indicate the payment of taxes levied by this title.
(23) `Taxpayer' means any person made liable by law to file a return or to pay tax.
(24) `Wholesaler' or `wholesale dealer' means any person who sells alcoholic beverages to other wholesale dealers, to retail dealers, or to retail consumption dealers.

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(25) `Wine' means any alcoholic beverage containing not more than 21 percent alcohol by volume made from fruits, berries, or grapes either by natural fermentation or by natural fermentation with brandy added. `Wine' includes, but is not limited to, all sparkling wines, champagnes, combinations of such beverages, vermouths, special natural wines, rectified wines, and like products. The term `wine' does not include cooking wine mixed with salt or other ingredients so as to render it unfit for human consumption as a beverage. A liquid shall first be deemed to be a wine at that point in the manufacturing process when it conforms to the definition of wine contained in this section.
5A-103. Construction of definitions. As used in this title, defined words shall have the meanings specified unless the context in which the word or term is used clearly requires that a different meaning be used.
5A-104. Existing forms and filings. Every form of license or tax document (including tax stamps) or other license or tax-related filing lawfully in use immediately prior to July 1, 1981, may continue to be so used or be effective until the commissioner, in accordance with this title, otherwise prescribes.
[Code Chapter 5A-2 RESERVED]
CHAPTER 5A-3 State Administration and Enforcement Provisions
SUBCHAPTER A State Administration
5A-301. Commissioner to administer and enforce title; delegation of administrative duties. The commissioner shall administer and enforce the provisions of this title. The commissioner may designate employees of the department for the purpose of administering the provisions of this title and the commissioner may delegate to employees of the department any of the duties required of him pursuant to the provisions of this title.
5A-302. Rules and regulations; forms, (a) The commissioner may make and publish reasonable rules and regulations not inconsistent with this title or other laws, or the Constitution of this state

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or of the United States, for the enforcement of the provisions of this title and the collection of revenues under this title.
(b) The commissioner shall prescribe the forms he deems necessary in order to administer and enforce the provisions of this title.
(c) The authority granted to the commissioner pursuant to the provisions of this section shall be exercised at all times in conformity with the provisions of the `Georgia Administrative Procedure Act,' as the Act may now or in the future be amended.
(d) The provisions of this section shall apply with respect to all rules and regulations promulgated by the commissioner pursuant to the provisions of this title.
5A-303. Powers of the commissioner. In addition to his other duties and responsibilities to administer this title, the commissioner may:
(a) (1) Deny, suspend, or cancel any license required under this title if:
(A) The license application is not filed in good faith or is filed by some person as a subterfuge for any other person.
(B) Any applicant for a license or any licensee under this title willfully fails to comply with any provisions of this title or with rules and regulations adopted by the commissioner.
(C) Any person to whom a license has been issued is no longer engaged in the dealing of alcoholic beverages or no longer qualifies as a licensee under this title.
(2) Before any denial, suspension, or cancelation of a license granted pursuant to this title, the applicant or licensee shall be afforded a hearing in the manner, and subject to the conditions, provided for hearings in contested cases by the `Georgia Administrative Procedure Act,' as the Act may now or in the future be amended.

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(3) The commissioner shall notify an applicant or licensee in writing of the denial, suspension, or cancelation by registered or certified mail to the last known address of the applicant or licensee appearing in the commissioner's files or by personal service by an authorized agent of the commissioner upon the applicant or licensee.
(4) Upon cancelation of a license for cause under paragraph (1) of this subsection, there shall be no renewal or reissuance of the canceled license for a period of two years from the date of cancelation.
(b) In the event that the license of any person is canceled by the commissioner under the authority of this title, hold the bonds of the person for a period of three years against any liabilities accruing as a result of the business of the person whose license is canceled. In no event shall the surrender of any bond release any liability.
(c) Enter into agreements with appropriate authorities of other states who enforce the alcoholic beverage laws of other states to exchange information relative to the manufacture, receipt, sale, use, or transportation of alcoholic beverages.
(d) Promulgate rules and regulations he deems necessary for the conversion from the English measurement in United States gallons to the equivalent metric measurement and shall compute all tax rates at such equivalent metric measurement.
(e) Promulgate rules and regulations, not inconsistent with federal laws or regulations, requiring informative labeling of all distilled spirits offered for sale in this state.
5A-304. Personnel of department prohibited from dealing in alcoholic beverages; exception, (a) No employee, agent, or officer of the department, directly or indirectly, shall have any interest whatsoever in the manufacturing, selling, transporting, distributing, storing, or otherwise dealing in alcoholic beverages, except in the performance of his official duties.
(b) The commissioner may provide by rule for the exemption of employees of the department from the provisions of this section so as to permit employment within the alcoholic beverage trade when

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such employment would pose no conflict of interest or interference with the performance by the employee of his duties as an employee of the department. The provisions of this subsection shall not apply with respect to employees having responsibility for enforcement of the provisions of this title.
5A-305. Taxes to be collected by commissioner; issuance of state licenses. Except as otherwise specifically provided for in this title, the taxes provided for in this title shall be collected by the commissioner. Upon payment of the appropriate taxes and fees and compliance with all other requirements of this title, the commissioner shall issue appropriate licenses as provided for in this title.
5A-306. Reporting system for collection of taxes; adoption of rules, (a)(1) With respect to malt beverages, the commissioner shall provide, and with respect to distilled spirits the commissioner may provide, by regulation that the taxes on malt beverages and distilled spirits shall be collected by a reporting system.
(2) Pursuant to the establishment of a reporting system authorized by paragraph (a)(1), the commissioner may promulgate rules and regulations which shall include, but shall not be limited to, provisions for:
(A) Records to be made and kept.
(B) Penalties to be assessed for failure to comply with the reporting system.
(C) Bonds or other security to be posted with the commissioner.
(D) Other matters relative to the administration and enforcement of collecting the tax under the reporting system.
(3) In the event the commissioner prescribes a reporting system for collection of taxes imposed on distilled spirits by this chapter, all of the laws applicable to revenue stamps shall apply to the reporting system insofar as they can be made applicable.

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(b) (1) There is hereby established a reporting system for the collection of state excise taxes imposed by this title on all taxable wine.
(2) The reporting system shall consist of the following:
(A) Every licensed wholesale dealer, importer, and broker located within this state shall file a monthly report with the commissioner, on forms prescribed by the commissioner, setting forth his taxable wine sales for the month and shall remit with the report the appropriate excise taxes on the wine. The reports and remittances shall be filed with the commissioner not later than the fifteenth day of the month next following the month of sale.
(B) Every licensed manufacturer, winery, producer, shipper, importer, and broker shipping wines or causing wines to be shipped into the state shall file a monthly report with the commissioner, on forms prescribed by the commissioner, which shall set forth the total quantity of wines shipped into the state during the month and which shall have attached to it legible copies of all invoices covering the shipments. The monthly reports shall be filed with the commissioner not later than the fifteenth day of the month next following the month of shipment.
5A-307. Licensing procedures; expiration; annual renewal; application; penalty, etc. (a) Except as otherwise specifically provided in this title, all licenses issued pursuant to this title shall expire on December 31 o each year and application for renewal shall be made annually on or before November 1.
(b) Any licensee making proper application, with all supporting documents, for a license to operate during the following calendar year and having filed the application prior to November 1 shall be permitted to continue to operate pending final approval or disapproval of the licensee's application for the following year if final approval or disapproval is not granted prior to January 1.
(c) Any person holding any license issued pursuant to this title who fails to file a proper application for a similar license for the following year, with the proper fee accompanying the application,

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on or before January 1 and who files an application after January 1 shall be required to pay, in addition to the license taxes imposed by this title, an additional amount equal to one-half the amount required for the license for which application is made.
5A-308. Records to be open for inspection. The commissioner shall make records relating to alcoholic beverage brands, shipments, and sales by manufacturers, shippers, or wholesalers available for inspection by the public at reasonable times. The commissioner may charge a fee for special requests of prepared information. The fee charged shall be based upon the cost of preparation of the information.
5A-309. Reports to be under oath. Any report made to the commissioner as specified in this title shall be made under oath and under such regulations as the commissioner shall prescribe.
5A-310. State taxes and license fees to be paid into general fund of the state. All taxes, penalties, interest, and fees collected by the commissioner pursuant to the provisions of this title shall be paid to the fiscal division of the Department of Administrative Services to the credit of the general fund of this state.
5A-311. Penalties, assessment, and interest. Except as otherwise provided in this title:
(a) When any person required to file a report as provided by this title fails to file the report within the time prescribed, he shall be assessed a penalty of $50.00 for each failure to file.
(b) In the event the commissioner determines, upon inspection of the invoices, books, and records of a licensed wholesale dealer or importer or from any other information obtained by him or his authorized agents that the licensed wholesale dealer or importer has not paid the proper tax or the proper amount of taxes, the wholesale dealer or importer shall be assessed for the taxes due. After assessment, the person assessed shall be provided with notice and an opportunity for a hearing as provided for contested cases by the `Georgia Administrative Procedure Act,' as the Act may now or in the future be amended.

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(c) When any person fails to pay any tax or license fee due as provided by this title, the person shall be assessed a penalty the same as that provided for in Code Section 91A-239.1 in the case of other taxes.
(d) When any person fails to file a return or files a false or fraudulent return or when a tax deficiency or any part of the deficiency is due to a fraudulent intent to evade any tax imposed or authorized by this title, the person shall be assessed a specific penalty of 50 percent of the tax due.
(e) When any person fails to pay the tax or any part of the tax due as provided by this title, the person shall pay interest on the unpaid tax at the rate of one percent per month from the time the tax became due until paid or at the rate specified in Code Section 91A-239.2, whichever is more. Interest shall be computed on a monthly basis for any portion of a month that is delinquent.
(f) All penalties and interest imposed by this title shall be payable to and collected by the commissioner in the same manner as if they were a part of the taxes imposed by this title.
5A-312. Authority of commissioner to waive penalties. The commissioner may waive, in whole or in part, the collection of any amount due the state as a penalty under this title whenever, or to the extent that, he reasonably determines that the default giving rise to the penalty was due to reasonable cause and not due to gross or willful neglect or disregard of the law or of regulations or instructions pertaining to the law.
5A-313. Refunds or credits, (a) The commissioner may issue refunds or credits for taxes paid by or due from the wholesaler or, in the case of taxes on distilled spirits, may issue refunds or credits for stamps purchased by a manufacturer, distiller, or wholesaler when it can be shown to the commissioner's satisfaction that any of the following events have occurred:
(1) Alcoholic beverages have been received by the wholesaler through an error in shipment and the alcoholic beverages are returned to the shipper prior to any sale by the wholesaler in Georgia.

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(2) Alcoholic beverages, ordered by the wholesaler, have been destroyed in transit prior to entry into the wholesaler's warehouse or storage area.
(3) Alcoholic beverages which are unfit for consumption upon receipt have been received by the wholesaler and the alcoholic beverages are returned to the shipper or destroyed prior to any sale by the wholesaler in Georgia.
(4) Alcoholic beverages destroyed while in the possession of a Georgia wholesaler by an act of God, such as fire, flood, lightning, wind, or other natural calamity.
(5) Wines have been sold by the wholesaler for delivery and consumption outside the state, provided that such sale and delivery shall in all respects comply with the requirements of Section 5A-510.
(b) Any manufacturer, distiller, or wholesaler receiving a refund or credit for stamps purchased as provided in this section, in every case where the cost of the stamps has been charged to or paid by a wholesaler, shall refund or credit to the wholesaler an amount equal to the credit or refund allowed by the commissioner.
5A-314. Limitations on refunds. If, in the opinion of the commissioner, any refund application filed by an applicant for refund of taxes paid pursuant to this title contains a false statement or if the applicant is indebted to the state, the commissioner shall decline to approve the refund payment until the applicant has complied with the laws of this state. Payment of the refund shall be made, subject to the provisions of this title, if the commissioner finds that the applicant is justly entitled to the refund. Nothing contained in this section shall be construed so as to allow for a refund of any license fee lawfully due or paid under this title.
5A-315. Regulations regarding advertising. The commissioner shall issue rules and regulations governing all advertising of distilled spirits within this state.

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[Code Sections 5A-316 to 5A-349 RESERVED]
SUBCHAPTER B Law Enforcement Duties
5A-350. Powers and duties of special agents and enforcement officers of department, (a) Persons appointed by the commissioner as special agents or enforcement officers of the department, in the enforcement of this title and other laws of this state with respect to the manufacture, transportation, distribution, sale, storage, or possession of alcoholic beverages, shall have the authority throughout the state to:
(1) Obtain and execute warrants for arrest of persons charged with violations of such laws.
(2) Obtain and execute search warrants in the enforcement of such laws.
(3) Arrest without warrant any person found in violation of such laws or endeavoring to escape or for other cause when there is likely to be a failure of enforcement of such laws for want of an officer to issue a warrant.
(4) Make investigations in the enforcement of such laws and, in connection with the investigations, to go upon any property outside of buildings, posted or otherwise, in the performance of official duties.
(5) Seize and take possession of all property which is declared contraband under such laws.
(6) Carry firearms while performing their duties.
(b) Each special agent or enforcement officer shall file with the commissioner a public official's bond in the amount of $1,000.00, the cost of which shall be paid by the department.
(c) Nothing in this title shall be construed so as to relieve any special agent or enforcement officer, after making an arrest, from the duties imposed generally to obtain a warrant promptly and, without undue delay, to return arrested persons before a person

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authorized to examine, commit, or receive bail as required by general law.
5A-351. Assistance by enforcement officers to local authorities in criminal cases, (a) Upon the request of the governing authority of any municipality or county, the sheriff or chief of a county police force, the judge of the superior court of any county, or the Governor, the commissioner, in unusual circumstances, may and, in the case of an order from the Governor, shall direct special agents and enforcement officers of the department to render assistance in:
(1) Any criminal case.
(2) The prevention of violations of law.
(3) Detecting and apprehending those violating any criminal laws of this state, any other state, or the United States.
(b) The provisions of this section shall not apply solely to agents who enforce this title but to all agents of the department with law enforcement powers.
5A-352. Agents authorized to enter premises to enforce provisions of title. The commissioner and his agents may enter upon the licensed premises of any person engaged in the manufacture, transportation, distribution, sale, storage, or possession of alcoholic beverages at any time for the purpose of inspecting the premises and enforcing the provisions of this title and shall have access during the inspection to all books, records, and supplies relating to the manufacture, transportation, distribution, sale, storage, or possession of alcoholic beverages.
5A-353. Prosecution of violators of liquor laws. The commissioner or his agents shall secure warrants or other criminal process against persons violating the provisions of this title in counties or areas where the sale of alcoholic beverages is not authorized and in counties and municipalities where the sale of alcoholic beverages is authorized but where the alcoholic beverages are being sold contrary to law. The commissioner or his agents shall prosecute such offenders.

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5A-354. Untaxed alcoholic beverages declared contraband; seizure; disposition, (a) Except as otherwise specifically provided for by law, it is unlawful for any person to sell, possess, conceal, store, or convey any alcoholic beverage on which any tax or license fee imposed by this title has not been paid.
(b) Any peace officer or authorized agent of the commissioner shall declare as contraband any alcoholic beverage:
(1) Not bearing the required tax stamps or markings as provided by this title or not reported for collection of taxes under a reporting system established by the commissioner.
(2) Found in any county, municipality, or unincorporated area of any county where the sale of alcoholic beverages is not lawful when the alcoholic beverage is intended for use or sale contrary to law.
(c) All contraband alcoholic beverages seized shall be immediately delivered to the commissioner or to persons designated by him to receive the contraband alcoholic beverages.
5A-355. Disposition of contraband alcoholic beverages, (a) All alcoholic beverages upon which no taxes have been paid to this state and which are not specifically exempt from the taxes imposed by law shall be destroyed by the peace officer or agent of the commissioner seizing the beverages, except that a small quantity of the illicit alcoholic beverage may be retained for purposes of evidence in the proper court and then the illicit alcoholic beverage shall be destroyed immediately.
(b) All alcoholic beverages upon which the taxes have been paid to either this state or any other state shall be either destroyed or sold at public sale as provided by law.
5A-356. Seizure and disposition of contraband, generally, (a) The commissioner and his agents shall seize and take possession of any contraband found in the possession of any person in violation of the provisions of this title.
(b) (1) Upon seizure, the commissioner or his agent shall give a receipt to the person from whom the contraband property was

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GENERAL ACTS AND RESOLUTIONS, VOL. I

seized, if known, identifying the property seized and indicating from whom seized and the place of seizure.
(2) A copy of the receipt shall be:
(A) Filed in the office of the commissioner and shall be a public record open to public inspection.
(B) Posted at the courthouse of the county in which the contraband was seized.
(C) Any person desiring to make claim to the contraband property shall file a claim with the commissioner at his office in Atlanta within ten days from the day of seizure. If, during the ten-day period, a claim should be filed to the contraband seized, the claim shall be returned to the superior court of the county of the seizure to be tried as other claims.
[Code Chapter 5A-4 RESERVED]
CHAPTER 5A-5 Regulatory Provisions Applicable to
Alcoholic Beverages Generally
5A-501. Dealing in alcoholic beverages declared a privilege. The businesses of manufacturing, distributing, selling, handling, and otherwise dealing in or possessing alcoholic beverages are declared to be privileges in this state and not rights.
5A-502. Discretion and due process as to grant or suspension of permits; fingerprints of applicants to be furnished, (a) Except as otherwise provided for in this title, the manufacturing, distributing, and selling by wholesale or retail of alcoholic beverages shall not be conducted in any county or incorporated municipality of this state without a permit or license from the governing authority of such county or municipality. Each such local governing authority is hereby given discretionary powers within the guidelines of due process as defined in this section as to the granting or refusal and any suspension or revocation of such permits or licenses.

GEORGIA LAWS 1980 SESSION

1589

(b) The granting or refusal and the suspension or revocation of the permits or licenses shall be in accordance with the following guidelines of due process:
(1) The governing authority shall set forth ascertainable standards in the local licensing ordinance upon which all decisions pertaining to these permits or licenses shall be based;
(2) All decisions approving, denying, suspending, or revoking such permits or licenses shall be in writing, with the reasons therefor stated, and mailed or delivered to the applicant personally;
(3) Upon timely application, any applicant aggrieved by the decision of the governing authority regarding a permit or license shall be afforded a hearing with an opportunity to present evidence and cross-examine opposing witnesses.
(c) As a prerequisite to the issuance of any such permit or license, the applicant shall furnish a complete set of fingerprints which shall be forwarded to the Division of Investigation who shall search the files of the Georgia Crime Information Center for a period of two years immediately preceding the date of such application for any instance of criminal activity. The Division of Investigation shall also submit such fingerprints to the Federal Bureau of Investigation under the rules established by the United States Department of Justice for processing and identification records. The federal record, if any, shall be obtained and returned to the governing authority submitting such fingerprints.
5A-503. Licenses to be displayed. All persons holding a license issued pursuant to this title shall display the license prominently at all times on the premises for which the license is issued.
5A-504. No exception from fees or tax. There shall be no exception from the license fees or taxes provided by this title in favor of any person unless specifically provided for by law.
5A-505. Quality requirements. No alcoholic beverages shall be sold by any licensee under this title if the alcoholic beverages do not fully meet all federal requirements as to quality or purity, as represented by the label, or do not meet such standards as may be adopted by the commissioner.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

5A-506. Records of sales to be kept, (a) Every manufacturer, importer, wholesale dealer, and retail dealer shall keep and preserve, as prescribed by the commissioner, records of all alcoholic beverages manufactured, purchased, and sold by him. The records shall be kept for a period of three years from the date of manufacture, purchase, or sale and shall at all times be open to inspection by the commissioner or any authorized agent or employee of the commissioner.
(b) The commissioner may authorize by rule the disposal of records maintained pursuant to subsection (a), prior to the expiration of the specified three-year period, when he is satisfied as to their contents or otherwise determines that the maintenance of the records is no longer necessary.
5A-507. Sale of alcoholic beverages on Sundays and election days prohibited, (a) Except as specifically authorized by law no person, knowingly and intentionally, shall sell or offer to sell alcoholic beverages on:
(1) Sunday.
(2) An election day. As used in this subsection, `election day' means that period of time beginning with the opening of the polls and ending with the closing of the polls. The prohibition of this section relative to election days applies only within the territorial boundaries for which the election is being held.
(b) In all consolidated governments of this state within the limits of which the sale of alcoholic beverages is lawfully authorized, such sales for consumption on the premises shall be authorized, at the discretion of the governing body of the consolidated government, at any time from 11:55 P.M. on Saturdays and the two hours immediately following such time.
(c) In each county having a population of 600,000 or more, according to the census, in which the sale of alcoholic beverages is lawful:
(1) The county governing authority may authorize the sale of alcoholic beverages for consumption on the premises at any time from 11:55 P.M. on Saturday and the three hours immediately following such time.

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(2) Alcoholic beverages may be sold on Sunday between the hours of 12:30 P.M. and 12:00 Midnight in public stadiums, coliseums, and auditoriums having a seating capacity in excess of 12,000 persons and in eating establishments. As used in this paragraph, `eating establishment' means an establishment which is licensed to sell distilled spirits, malt beverages, or wines and which derives at least 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food.
(d) In all municipalities having a population of 300,000 or more, according to the census, in which the sale of alcoholic beverages is lawful:
(1) The municipal governing authority may authorize the sale of alcoholic beverages for consumption on the premises at any time from 11:55 P.M. on Saturdays and the three hours immediately following such time.
(2) Alcoholic beverages may be sold on Sundays between the hours of 12:30 P.M. and 12:00 Midnight in public stadiums, coliseums, and auditoriums with a seating capacity in excess of 12,000 persons and in eating establishments. As used in this paragraph, `eating establishment' means an establishment which is licensed to sell distilled spirits, malt beverages, or wines and which derives at least 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food.
(e) In all counties having a population of not less than 200,000 or more than 600,000, according to the census, in which the sale of alcoholic beverages is lawful:
(1) The county governing authority may authorize the sale for consumption on the premises of alcoholic beverages at any time from 11:55 P.M. on Saturdays and three hours immediately following such time.
(2) Alcoholic beverages may be sold and served by the drink from 12:30 P.M. until 12:00 Midnight on Sundays in any licensed establishment which derives at least 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food in all of the combined retail outlets of the individual establishment where food is served and in any

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GENERAL ACTS AND RESOLUTIONS, VOL. I

licensed establishment which derives at least 50 percent of its total annual gross income from the rental of rooms for overnight lodging.
(f) In all counties having a population of not less than 170,000 and not more than 195,000, according to the census, in which the sale of alcoholic beverages is lawful and in all municipalities within such counties in which the sale of alcoholic beverages is lawful, the governing authority of the county or municipality, as appropriate, may authorize sales of alcoholic beverages for consumption on the premises:
(1) At any time from 11:55 P.M. on Saturdays until 2:55 A.M. on Sundays.
(2) In eating establishments which are located in the unincorporated area of the county, in the case of the county, or which are located in the corporate limits of the municipality, in the case of a municipality, on Sundays between the hours of 12:30 P.M. and 12:00 Midnight. For the purposes of this paragraph, `eating establishment' means an establishment which is licensed to sell distilled spirits, malt beverages, or wines and which derives at least 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food.
(g) In each county having a population of not less than 150,000 or more than 165,000, according to the census, in which the sale of alcoholic beverages is lawful and in all municipalities within such counties in which the sale of alcoholic beverages is lawful, the governing authority of the county or municipality, as appropriate, may authorize the sale of alcoholic beverages for consumption on the premises:
(1) At any time from 11:55 P.M. on Saturdays and the two hours immediately following such time.
(2) In eating establishments which are located in the unincorporated area of the county, in the case of the county, or which are located in the corporate limits of the municipality, in the case of a municipality, on Sundays between the hours of 12:30 P.M. and 12:00 Midnight. For the purposes of this paragraph, `eating establishment' means an establishment which is

GEORGIA LAWS 1980 SESSION

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licensed to sell distilled spirits, malt beverages, or wines for consumption on the premises and which derives at least 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food.
(h) (1) In each county having a population of not less than 100,000 and not more than 150,000, according to the census, in which the sale of alcoholic beverages is lawful and in all municipalities in such counties in which the sale of alcoholic beverages is lawful, the governing authority of the county or municipality, as appropriate, may authorize the sale of alcoholic beverages for consumption on the premises in bona fide full-service restaurants at any time from 11:55 P.M. on Saturdays and until 2:00 A.M. on Sundays; provided, however, that the provisions of this section shall not apply to any geographic area of any municipal corporation which is located outside of the limits of any county in which the sale of alcoholic beverages is not lawful.
(2) For the purposes of this subsection, `bona fide full-service restaurant' means an established place of business:
(A) Which is licensed to sell alcoholic beverages, distilled spirits, malt beverages, or wines for consumption on the premises; and
(B) Where meals with substantial entrees selected by the patron from a full menu are served; and
(C) Which has adequate facilities and sufficient employees for cooking or preparing and serving such meals for consumption at tables in dining rooms on the premises; and
(D) Which derives at least 50 percent of its gross income from the sale of such meals prepared, served, and consumed on the premises.
(3) (A) The governing authority of such a county or municipality, by ordinance, may authorize any other establishment otherwise licensed to sell alcoholic beverages, distilled spirits, malt beverages, or wines for consumption on the premises to engage in such sales at any time from 11:55

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GENERAL ACTS AND RESOLUTIONS, VOL. I

P.M. on Saturdays and until 2:00 A.M. on Sundays; provided, however, that the proviso in paragraph (1) applicable to municipalities shall also be applicable to sales in establishments pursuant to this paragraph.
(B) The governing authority of such a county or municipality may provide for special licenses for and charge a license fee to establishments which engage in sales of such beverages at any time from 11:55 P.M. on Saturdays and until 2:00 A.M. on Sundays. The license fee shall be set by the governing body.
(i) (1) In every county having a population of not less than 6,530 and not more than 6,600, according to the census, in which the sale of alcoholic beverages was lawful on April 11, 1979, and in all municipalities in such counties in which the sale of alcoholic beverages was lawful on April 11,,.1979, the governing authority of the county or municipality, as appropriate, may permit and regulate Sunday sales by licensees if Sunday sales are approved by referendum as provided in this subsection (i).
(2) Any governing authority desiring to permit and regulate Sunday sales shall so provide by proper resolution or ordinance.
(3) Not less than ten nor more than 60 days after the date of approval of such resolution or ordinance, it shall be the duty of the election superintendent of the county or municipality to issue the call for an election for the purpose of submitting the question of Sunday sales to the electors of the county or municipality for approval or rejection. The superintendent shall set the date of such election for a day not less than 30 nor more than 60 days after the date of the issuance of the call. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of the county. The ballot shall have written or printed thereon the words:
[ ] YES Shall the governing authority of (name of municipality or county) be authorized to permit
[ ] NO and regulate Sunday sales of distilled spirits or alcoholic beverages for beverage purposes by the drink?'

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(4) All persons desiring to vote for approval of Sunday sales shall vote `Yes,' and those persons desiring to vote for rejection of Sunday sales shall vote `No.' If more than one-half of the votes cast on such question are for approval of Sunday sales, the governing authority may by appropriate resolution or ordinance permit and regulate Sunday sales by licensees.
(5) The expense of such election shall be borne by the county or municipality in which the election is held. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State.
5A-508. Sales of alcoholic beverages near church or school; prohibitions, (a) No person, knowingly and intentionally, may sell or offer to sell:
(1) Any distilled spirits upon the grounds of or within 200 yards of any church building, school building, or educational building on a college campus.
(2) Any wine or malt beverages within 100 yards of any school building.
(b) The school building or educational building on a college campus referred to in subsection (a) shall apply only to state, county, city, or church school buildings and to such buildings at such other schools as teach the subjects commonly taught in the common schools and colleges of this state.
(c) Nothing contained in this section shall prohibit the licensing of the sale or distribution of alcoholic beverages by:
(1) Hotels of 50 rooms or more which have been in continuous operation for a period of at least five years preceding the effective date of this title.
(2) Bona fide private clubs, owning their own homes, subject to licensing under Chapter 5A-81.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(3) Licensees for the retail sale of alcoholic beverages by the drink for consumption on the premises only who are subject to regulation as to distances from churches, schools, and college campuses by counties and municipalities as provided in Section 5A-2901.
(d) For the purposes of this section, distances shall be measured by the most direct route of travel on the ground.
(e) (1) In counties having a population of not less than 175,000 and not more than 195,000, according to the census, the distances provided in paragraph (a)(1) of this section for separation of businesses licensed under this title from churches and schools shall be measured as follows:
(A) From the property line of the tract on which is located the business regulated under this title;
(B) To the property line of the tract on which is located the church, school ground, or college campus;
(C) Along a straight line which describes the shortest distance between said two property lines.
(2) No license in effect on April 13, 1979, shall be revoked before its date of expiration by reason of the method of measurement set out in this subsection, if said license was granted in reliance on another method of measurement. No application for a license or a renewal shall be denied by reason of the method of measurement set out in this subsection, if such application is for premises for which a license was granted prior to April 13, 1979, in reliance on another method of measurement.
5A-509. Furnishing alcoholic beverages to minors or intoxicated persons. No alcoholic beverage shall be sold, bartered, exchanged, given, provided, or furnished to any person under 18 years of age or to any person who is in a state of noticeable intoxication.

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5A-510. Persons under 18 years of age not to be allowed or required to serve, sell, or take orders for alcoholic beverages; exceptions, (a) No person shall allow or require a person in his employment under 18 years of age to dispense, serve, sell, or take orders for any alcoholic beverages.
(b) The provisions of this section shall not prohibit persons under 18 years of age who are employed in supermarkets, convenience stores, or drug stores from selling or handling alcoholic beverages which are sold for consumption off the premises.
5A-511. Purchase of alcoholic beverages by minors or for minors prohibited; false representation of age; penalty for violation. (a)(1) No person under 18 years of age may purchase any alcoholic beverages.
(2) The provisions of this subsection shall not apply to any alcoholic beverages to be consumed for medical purposes pursuant to a prescription by a duly licensed physician under the laws of the state.
(b) No person under 18 years of age may misrepresent his or her age, in any manner whatever, for the purpose of illegally obtaining any alcoholic beverages.
(c) No person may act, knowingly and intentionally, as agent to purchase or acquire any alcoholic beverage for or on behalf of a person under 18 years of age, except for the authorized purposes set forth in subsection (a) of this section.
5A-512. Furnishing alcoholic beverages to prisoners or inmates of places of confinement and possession on grounds or within 200 yards of certain buildings prohibited; exceptions, (a) No person, knowingly and intentionally, may:
(1) Offer for sale, sell, barter, exchange, give, provide, or furnish alcoholic beverages to:
(A) Any person confined in any jail, penal institution, correctional facility, prison camp, penitentiary, or other lawful place of confinement.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(B) Any person who is a patient or lawful inmate of the Central State Hospital.
(2) Offer for sale any alcoholic beverages within 200 yards of any building of the Central State Hospital in existence on July 1, 1977.
(3) Introduce or possess any alcoholic beverages upon the grounds of the Central State Hospital or in the buildings of the Georgia War Veterans Home.
(b) Nothing contained in this section shall prevent or prohibit:
(1) The administration of alcohol by the staff of the above-mentioned institutions to any prisoner, patient, or lawful inmate in strict compliance with the prescription of a licensed physician.
(2) The staff members of the Central State Hospital and the Georgia War Veterans Home who maintain their domicile on the grounds of these institutions from possessing alcoholic beverages for their own consumption, for that of their families, or for persons invited to their homes, excepting patients or lawful inmates of these institutions.
(c) No person may knowingly allow any other person to violate the provisions of this section.
5A-513. Breaking of package on the premises. No retail dealer may, knowingly and intentionally, allow or permit the breaking of any package or packages containing alcoholic beverages on the premises where sold or to allow or permit the drinking of the contents of the package or packages on the premises where sold. The provisions of this section shall not apply with respect to sales pursuant to a license for consumption on the premises.
5A-514. Prohibitions on distillation, manufacture, making, transporting, shipping, receiving, or possessing of alcoholic beverages prohibited; failure to file proper reports or bond, pay tax or license fees, prohibited; stills to be destroyed, (a) No person, knowingly and intentionally, may:

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(1) Distill, manufacture, or make any distilled spirits, except as permitted in this title.
(2) Manufacture, make, brew, or ferment any malt beverages or wine, except as permitted by this title.
(3) Transport, ship, receive, possess, sell, offer to sell, distribute, or in any manner use any alcoholic beverages or alcohol, except as permitted by this title.
(4) Fail to file any report required by this title.
(5) File any report required by this title that is either intentionally false or fraudulent or both.
(6) Fail to pay any tax or license fee imposed or authorized by this title unless specifically exempted from such payment.
(7) Fail to have a sufficient bond filed with the commissioner as required by this title.
(8) Evade or violate, or conspire to evade or violate, any provision of this title.
(b) Any apparatus, article, or other tangible personal property used in the unlawful distillation, manufacture, or making of any alcoholic beverages is declared contraband and shall be destroyed by the officer or agents seizing the property or otherwise disposed of as the commissioner directs.
5A-515. Reuse, counterfeiting, or forging of tax stamps prohibited. No person, knowingly and intentionally, may reuse, counterfeit, or forge any tax stamp indicating the payment of any tax imposed by this title.
5A-516. Possession, sale, or purchase of unstamped distilled spirits. Except as otherwise expressly provided for by law, no person, knowingly and intentionally, may possess, sell, or purchase ' any distilled spirits not bearing proper tax stamps indicating the payment of any tax imposed by this title so long as the stamps are required by or pursuant to this title.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

5A-517. Possession of alcoholic beverages upon which taxes have not been paid in this state; authorized under certain circumstances. (a) An individual may possess and transport in this state the following quantities of alcoholic beverages upon which the taxes imposed by this title have not been paid:
(1) In the case of distilled spirits, not in excess of one-half gallon.
(2) In the case of malt beverages, not in excess of 1440 ounces or five standard cases of 12 ounce cans or its equivalent.
(3) In the case of wine, not in excess of one-half gallon.
(b) The provisions of this section shall apply only with respect to alcoholic beverages purchased by the possessor outside of this state in accordance with the laws of the place where purchased and brought into this state by the purchaser. The burden of proof that the beverages were purchased outside this state and in accordance with the laws of the place where purchased shall in all cases be upon the possessor of the beverages.
[Code Chapters 5A-6 through 5A-20 RESERVED]
PART II Provisions Applicable to Distilled Spirits Only
CHAPTER 5A-21 In General
5A-2101. Definitions. As used in this part:
(1) `Denatured alcohol' or `denatured distilled spirits' means alcohol, as defined for purposes of this title, to which denutriants have been added in order to render such alcohol unfit for beverage purposes or internal human medicinal use. As used in this subsection, `denutriants' means materials as authorized pursuant to Chapter 1 of Title 27 of the Code of Federal Regulations, as the same may now or hereafter be amended.

GEORGIA LAWS 1980 SESSION

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(2) `Distiller' means a manufacturer.
(3) `Fruit grower' means any person who grows peaches, apples, pears, grapes, or other perishable fruits in Georgia and who manufactures distilled spirits from the perishable fruits grown in this state.
5A-2102. Part not applicable to ethyl alcohol used for certain purposes, (a) The provisions of this part shall not apply to ethyl alcohol intended for use or used for the following purposes:
(1) For scientific, chemical, mechanical, industrial, medicinal, and culinary purposes.
(2) For use by those authorized to procure ethyl alcohol tax free, as provided by federal law.
(3) In the manufacture of denatured alcohol or denatured distilled spirits produced and used as provided by federal law.
(4) In the manufacture of patented, patent, proprietary, medicinal, pharmaceutical, antiseptic, toilet, scientific, chemical, mechanical, and industrial preparations or products unfit for beverage purposes.
(5) In the manufacture of flavoring extracts and syrups unfit for beverage purposes.
(b) Nothing contained in subsection (a) shall prohibit the commissioner from`promulgating reasonable rules and regulations with regard to ethyl alcohol intended for use or used for any of the above-mentioned purposes in order to insure proper enforcement of the provisions of this title.
CHAPTER 5A-23 Local Authorization and Regulation of the
Manufacture, Distribution, and Package Sale of Distilled Spirits
5A-2301. License authorized on special elections in counties and municipalities. Licenses provided for in this chapter 51

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GENERAL ACTS AND RESOLUTIONS, VOL. I

are authorized only in those counties and municipalities in which the issuance of such licenses is approved by referendum as provided in this chapter.
5A-2302. When and how election called, (a) When a petition signed by at least 35 percent of the registered voters of a county or municipality is filed with the election superintendent of the county or municipality, the election superintendent shall call a special election to be held within 30 days from the filing of the petition. For purposes of this subsection, the number of registered voters of a political subdivision shall be the number of voters qualified to vote at the general election immediately preceding the presentation of the petition.
(b) Notice of the call of the election shall be published by the election superintendent in the legal organ of the county or, in the case of a municipality, in a newspaper of general circulation in the municipality once a week for two weeks preceding the election.
5A-2303. Question submitted to qualified electors. At such special election the question of whether the manufacture, sale, and distribution of distilled spirits in the political subdivision shall be permitted or prohibited shall be submitted to the qualified voters of the political subdivision.
5A-2304. Regulations; time of holding elections. The county election shall be held according to the rules and regulations governing elections for members of the General Assembly but shall not be held at the time of holding any other primary or general election in the county. The municipal election shall be held according to the Municipal Election Code but shall not be held at the time of holding any other primary or general election in the municipality.
5A-2305. Returns to election superintendent. Within three days after the election, the returns of the election held under this subchapter shall be made to the election superintendent who shall ascertain and immediately declare the result after the receipt of the returns.
5A-2306. Form of ballots, (a) The ballot in such election shall have written or printed thereon:

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'[ ] YES Shall the issuance of licenses for the package [ ] NO sale of distilled spirits be approved?'

(b) Those desiring to vote in favor of the issuance of the licenses shall vote `Yes.' Those desiring to vote against the issuance of the licenses shall vote `No.'
5A-2307. If majority in favor package sale and manufacture permitted. If at the election a majority of the votes cast shall be in favor of the issuance of the licenses, the manufacture, possession, distribution, and sale by the package of such distilled spirits in the political subdivision shall be permitted in accordance with the provisions of this part at the expiration of 15 days from the declaration of the result.
5A-2308. Prohibition continues if majority against package sales. If at the election a majority of the votes cast shall be against the issuance of the licenses, the manufacture, distribution, and sale of the distilled spirits in the political subdivision are prohibited.
5A-2309. No subsequent election within two years. No election provided for in this section shall be held within two years after the date of the declaration of the result of the previous election held for such purpose under this chapter.
5A-2310. Election for purpose of nullifying previous election, (a) In any county or municipality which has at any time held an election in accordance with the provisions of this chapter, resulting in the majority of the votes being cast in favor of the issuance of licenses for the package sales of distilled spirits, the election superintendent of the county or municipality shall, upon a petition signed by at least 35 percent of the registered qualified voters of the political subdivision concerned, proceed to call another election in the same manner as provided in this chapter for the purpose of nullifying the previous election.
(b) No election pursuant to this section shall be called or held within two years after the date of the declaration of the result of the previous election held for such purpose under this chapter.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

5A-2311. When nullification of previous election becomes effective. In the event an election is held pursuant to 5A2310 and the nullification of a previous election approving the issuance of licenses for package sales of distilled spirits is approved, the manufacture, distribution, and sale by the package of distilled spirits within the political subdivision conducting the election are prohibited effective upon the expiration of all outstanding licenses for such sales within the political subdivision.

5A-2312. Municipalities and counties may adopt regulations and determine location, (a) A municipality or county may adopt all reasonable rules and regulations as may fall within the police powers of the municipality or county to regulate any business provided for in this chapter.

(b) All municipal and county authorities issuing licenses shall within their respective jurisdiction have authority to determine the location of any distillery, wholesale business, or retail business licensed by them.

5A-2313. Maximum fees for municipal and county licenses. The annual license fee to be charged by a municipality or county pursuant to this chapter shall not be more than $5,000.00 for each license.

[Code Chapter 5A-24 RESERVED]

CHAPTER 5A-25 State License Requirements and Regulations for Manufacture, Distribution, and Package
Sales of Distilled Spirits

5A-2501. State license tax. An annual occupational license tax is imposed upon each distiller, manufacturer, broker, importer, wholesaler, fruit grower, and retail dealer of distilled spirits in this state, as follows:

(a) Upon each distiller and manufacturer $

1,000.

(b) Upon each wholesale dealer

1,000.

GEORGIA LAWS 1980 SESSION

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(c) Upon each importer

$

1,000.

(d) Upon each fruit grower

$

500.

(e) Upon each broker

$

100.

(f) Upon each retail dealer

$

100.

(g) Upon each retail consumption dealer $

100.

5A-2502. Person not to be issued more than two retail dealer licenses, (a) No person shall be issued more than two retail dealer licenses, nor shall any person be permitted to have a beneficial interest in more than two retail dealer licenses issued under this chapter, regardless of the degree of such interest.

(b) (1) `Person' shall include all members of a retail dealer licensee's family and `family' shall include any person related to the holder of the license within the first degree of consanguinity and affinity as computed according to Section 53-105.

(2) The beneficiaries of a trust shall be considered to have a beneficial interest in any business forming a part of the trust estate.

(c) Nothing contained in this section shall prohibit the reissuance of a valid retail dealer license if the license has been:

(1) Held prior to the creation of any of the above relationships by marriage; or

(2) Held prior to April 3, 1978.

5A-2503. Surety bonds to be filed with commissioner, (a) All applicants for all licenses shall file with the commissioner, along with each application, a bond conditioned to pay all sums which may become due by the applicant to this state as taxes, license fees, or otherwise by reason of, or incident to, the operation of the business for which licensure is sought and conditioned to pay all penalties which may be imposed upon the applicant for failure to comply with the laws and rules and regulations pertaining to dis-

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GENERAL ACTS AND RESOLUTIONS, VOL. I

tilled spirits. Surety for the bonds shall be a surety company licensed to do business in this state and the bonds shall be in such form as may be required by the commissioner.

(b) The bonds shall be in the following amounts:

(1) For distillers and manufacturers, $ 10,000.00.

(2) $5,000.00.

-

(3) For retailers, brokers, and consumption-on-thepremises licensees, $2,500.00.

5A-2504. Judge of the probate court's certificate of residence of applicant for license or tax stamps; no retail license or tax stamps sold to one not a resident of state for more than 12 months or of a wet county or municipality; intention to prevent sales in dry jurisdictions, (a) No retail license or tax stamps for distilled spirits shall be sold to any person unless:

(1) An application is filed with the commissioner accompanied by a certificate by the judge of the probate court of the county of the applicant's residence certifying that the applicant has been a bona fide resident of the county or municipality for at least 12 months immediately preceding the application.

(2) The applicant has been a resident of:

(A) This state for the last 12 months immediately preceding the sale; or

(B) A county or municipality where distilled spirits may be legally sold under this chapter.

(b) It is the purpose and intention of this Section to prevent the sale of distilled spirits in any county or municipality other than those where distilled spirits may be legally sold under this part.

5A-2505. Fruit grower's license; storage; limitations, (a) The commissioner may issue a license to a fruit grower authorizing

GEORGIA LAWS 1980 SESSION

1607

the grower to manufacture distilled spirits from perishable fruits grown in this state.
(b) If any distilled spirits are manufactured as permitted by this section in any county, municipality, or county area exclusive of certain incorporated areas, as the case may be, in which the distilled spirits are not to be sold under the terms of this part, the licensee shall immediately store the distilled spirits or alcohol in a warehouse or warehouses, designated by the commissioner, to be sold or disposed of under the supervision of the commissioner in states, counties, or municipalities permitting the legal sale of the spirits or alcohol.
(c) It is unlawful for the licensee to sell or dispose of any such distilled spirits or alcohol:
(1) In any municipality, county, or unincorporated area of the county in which the sale of distilled spirits or alcohol is forbidden by the terms of this part.
(2) To any person not holding a wholesale or retail license under the provisions of this chapter.
(d) No manufacturer's or distiller's license shall be issued pursuant to this section for the manufacture of distilled spirits in any county or municipality of this state that has not approved the package sale of distilled spirits as provided in this part.
5A-2506. Retail dealers to sell only unbroken packages. A retail dealer's license shall authorize the holder to sell only in the original and unbroken package or packages, which package or packages shall contain not less than one-half pint, or the nearest metric equivalent to one-half pint provided for in the Uniform Standards of Fill of the United States Treasury Department, of distilled spirits or alcoholic beverages each. The license shall not permit the breaking of the package or packages on the premises where sold and shall not permit the drinking of the contents of the package or packages on the premises where sold.
5A-2507. No advertisement of prices. No person holding a license to deal in distilled spirits shall display in any show window or other place visible from without the licensee's place of

1608

GENERAL ACTS AND RESOLUTIONS, VOL. I

business any advertisement or information of the price or prices of any such distilled spirits.
[Code Chapter 5A-26 RESERVED]
CHAPTER 5A-27 Excise Taxation of Distilled Spirits
5A-2701. Levy of state excise tax on distilled spirits. The following taxes are levied and imposed:
(a) On the importation of all distilled spirits imported into the state a tax of $3.75 per wine gallon and on all alcohol imported into the state a tax of $5.25 per wine gallon, and a proportionate tax at like rates on all fractional parts of a gallon.
(b) On the manufacture of all distilled spirits manufactured in the state from Georgia grown products a tax of $1.87 1/2 per wine gallon and on all alcohol manufactured in this state from Georgia grown products a tax of $2.62 1/2 per wine gallon, and a proportionate tax at like rates on all fractional parts of a gallon.
5A-2702. Collection of state excise taxes; tax stamps; etc. (a) Except as may otherwise be authorized in this title, the state excise taxes imposed by this chapter shall be collected in the following manner:
(1) The commissioner shall prescribe suitable stamps in proper denominations denoting the payment of taxes imposed by this chapter, and the tax provided shall be administered and collected by means of adhesive stamps lithographed with an intricate geometric design on safety paper or in a manner as may be prescribed by the commissioner.
(2) Every manufacturer or wholesaler before shipment or delivery to any retailer shall affix or cause to be affixed to each bottle or container of distilled spirits a stamp indicating the payment of the proper amount of tax.

GEORGIA LAWS 1980 SESSION

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(3) Every manufacturer, distiller, or wholesaler who may sell, ship, or deliver to each other shall affix or cause to be affixed to each bottle or container of distilled spirits stamps indicating the payment of the proper amount of tax.
(b) The commissioner may in his discretion replace mutilated stamps when fully satisfied that the stamps have not been used.
(c) The commissioner, in accordance with such rules and regulations as he shall adopt, in his discretion may permit importation of distilled spirits and alcohol into any county or municipality where the manufacture and sale of the spirits or alcohol has been legalized. These rules and regulations shall provide for the collection of all taxes due on the distilled spirits or alcohol.
5A-2703. Excise tax on distilled spirits for sale by the package may be imposed by local governments; manner of taxation left up to local government; no county tax imposed where municipalities already levy one. (a) The governing authority of each municipality and county where the sale of distilled spirits by the package is permitted by this chapter, in its discretion, may levy an excise tax on the sale of distilled spirits by the package at either the wholesale or retail level not exceeding 80# per wine gallon of distilled spirits, excluding fortified wine, and a proportionate tax at like rates on all fractional parts of a gallon.
(b) The rate of taxation, the manner of its imposition, payment, collection, and all other procedures related to the tax authorized by subsection (a) of this section shall be as provided for by each county and municipality electing to exercise the power so conferred.
(c) No county excise tax shall be imposed, levied, and collected in any portion of a county in which a municipality within the county is imposing the same tax on distilled spirits sold by the package.

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GENERAL ACTS AND RESOLUTIONS, VOL. 1

[Code Chapter 5A-28 RESERVED]
CHAPTER 5A-29 Sales of Distilled Spirits by the Drink
SUBCHAPTER A Authorization
5A-2901. Sales of distilled spirits by the drink; when authorized, (a) Each county and municipality may authorize, through proper resolution or ordinance, the issuance of licenses to sell distilled spirits for beverage purposes by the drink, the sales to be for consumption only on the premises.
(b) (1) Except as otherwise provided in this subsection, a county or municipality may exercise the authority granted in this section only after the issuance of the licenses is approved as provided in either Code Section 5A-2902 or 5A-2903.
(2) (A) The governing authority of every county having a population of not less than 14,486 and not more than 14,540 according to the United States decennial census of 1960 or any such future census and the governing authority of every municipality within every such county, through proper resolution or ordinance, may authorize the issuance of licenses to sell alcoholic beverages for beverage purposes by the drink, said sales to be for consumption only on the premises. Every such governing authority shall have full power and authority to adopt all reasonable rules and regulations governing the qualifications and criteria for the issuance of any such license and shall further have the power and authority to promulgate reasonable rules and regulations governing the conduct of any licensee provided for in this section including, but not limited to, the regulation of hours of business, types of employees, and other matters which may fall within the police powers of such counties and municipalities. Those persons who are duly licensed as wholesalers under the provisions of this title shall be authorized to sell distilled spirits at wholesale to

GEORGIA LAWS 1980 SESSION

1611

any person or persons licensed as provided in this paragraph, and the person or persons so licensed under this paragraph shall be authorized to purchase such distilled spirits from a licensed wholesaler at wholesale.
(B) No resolution or ordinance adopted pursuant to this paragraph shall become effective until the governing authority of such county or municipality submits to the qualified electors of such county or municipality the question of whether such ordinance or resolution shall be approved or rejected. If in the election a majority of the electors voting on the question vote for approval, the ordinance or resolution shall become effective at such time as is provided for in the resolution or ordinance; otherwise it shall be of no force and effect.
(3) (A) The governing authority of any county having a population of not less than 9,705 and not more than 9,905, according to the census, and the governing authority of every municipality in each such county, through proper resolution or ordinance, shall authorize issuance of license to sell alcoholic beverages by the drink, such sales being for consumption only on the premises; provided, however, the premises are operated among other things as a restaurant serving food to the general public with the food sales to be in excess of $100,000.00 per year or the premises may be premises of a private nonprofit club which has been in existence at least 12 months. Every such governing authority shall have full power and authority to adopt all reasonable rules and regulations governing the qualifications and criteria for the issuance of any such license provided they meet the criteria herein stated and shall further have the power and authority to promulgate reasonable rules and regulations governing the conduct of any licensee provided for in this paragraph including, but not limited to, the regulation of hours of business, number and types of employees, and other matters which

1612

GENERAL ACTS AND RESOLUTIONS, VOL. I

may fall within the police powers of such counties and municipalities.
(B) No county or municipality may issue a license pursuant to the provisions of this paragraph unless the issuance of the licenses is approved by the voters of the county at a referendum election held for such purpose. The county governing authority shall establish the date of the election, which shall be not less than 30 days after the call of the election, and shall notify the county election superintendent of the governing authority's decision as to the date. The election superintendent shall issue the call for the election and shall specify that the election shall be held on the date determined by the county governing authority. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of said county or, in the case of a municipal election, in a newspaper of general circulation in the municipality. The ballot shall have written or printed thereon the following:
`[ ] YES Shall the issuance to certain restaurants and [ ] NO organizations of licenses to sell distilled spirits
by the drink be approved?'
(C) All persons desiring to vote in favor of issuance of the licenses shall vote `Yes,' and those persons opposed to issuance of the licenses shall vote `No.' If more than one-half of the votes cast on such question are in favor of issuance of the licenses, then the licenses may be issued in accordance with the provisions of this paragraph; otherwise the licenses may not be issued and the question of the issuance of the licenses may not again be submitted to the voters of said county within 24 months immediately following the month in which such election was held. The county election superintendent shall hold and conduct the election under the same rules and regulations as govern special

GEORGIA LAWS 1980 SESSION

1613

elections, except as otherwise provided in this paragraph. He shall canvass the returns and declare and certify the result of the election to the Secretary of State and to the commissioner. The expense of any such election shall be borne by the county wherein the election was held.
(D) Those persons who are duly licensed as wholesalers under the provisions of this title shall be authorized to sell distilled spirits at wholesale to any person or persons licensed as provided in this paragraph, and the person or persons so licensed under this paragraph shall be authorized to purchase such distilled spirits from a licensed wholesaler at wholesale.
(4) The governing authority of every county having a population of not less than 6,530 and not more than 6,600, according to the census, and the governing authority of every municipality within every such county, through proper resolution or ordinance, may authorize the issuance of licenses to sell alcoholic beverages for beverage purposes by the drink, such sales to be for consumption only on the premises. Every such governing authority shall have full power and authority to adopt all reasonable rules and regulations governing the qualifications and criteria for the issuance of any such license and shall further have the power and authority to promulgate reasonable rules and regulations governing the conduct of any licensee provided for in this paragraph including, but not limited to, the regulation of hours of business, types of employees, and other matters which may fall within the police powers of such counties and municipalities. Those persons who are duly licensed as wholesalers under the provisions of this title shall be authorized to sell distilled spirits at wholesale to any person or persons licensed as provided in this paragraph, and the person or persons so licensed under this paragraph shall be authorized to purchase such distilled spirits from a licensed wholesaler at wholesale.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

5A-2902. Where sales by the package already approved; procedure, (a) In every county and municipality in which package sales of distilled spirits are lawful, sales of distilled spirits as provided in this chapter may be authorized after approval as provided in this section.
(b) (1) In the event the governing authority of any municipality or county coming under the provisions of this section desires to exercise the powers authorized by Section 5A-2901, the governing authority shall conduct a special referendum election for the purpose of determining whether or not these powers may be exercised. In the event a majority of those persons voting in the election vote in favor of the governing authority issuing licenses for the sale of distilled spirits, as authorized by this chapter, then the governing authority shall exercise the power conferred by this chapter. Otherwise, the governing authority shall not have these powers.
(2) (A) In the event the governing authority of any municipality or county coming under the provisions of this section does not call for and conduct the referendum provided for above, then, upon a written petition containing the signatures of 15 percent of the registered and qualified voters of any municipality or county coming within the provisions of this section being filed with the appropriate governing authority, the governing authority shall be required to hold and conduct a special referendum election for the purpose of submitting to the qualified voters of the municipality or county the question of whether or not the sale of distilled spirits, as provided for in this chapter, shall be authorized.
(B) In the event a majority of the persons voting in the election vote in favor of the sales, then the governing authority of these and counties shall issue the licenses and exercise the powers provided in this chapter. Otherwise, the governing authority shall have no authority to do so.

GEORGIA LAWS 1980 SESSION

1615

(C) Following the expiration of two years after any election is held which results in disapproval of sales as provided in this chapter, another election on this question shall be held if another petition, as provided above, is filed with the appropriate governing authority.
(c) In any municipality or county which has at any time held an election in accordance with the foregoing provisions of this section resulting in the majority of the votes being cast in favor of sales of distilled spirits by the drink, the governing authority of the municipality or county, upon a petition signed by at least 15 percent of the registered, qualified voters of the municipality or county, shall proceed to call another election in the same manner as prescribed for the purpose of nullifying the previous election. No election shall be called or held within two years after the date of the declaration by the governing authority of the results of the previous election held for the purposes of this section.
5A-2903. Where sales by the package not lawful; procedure. (a) In every county and municipality in which package sales of distilled spirits are not lawful, sales of distilled spirits as provided in this chapter may be authorized after approval as provided in this section.
(b) (1) Upon a written petition containing 35 percent of the registered and qualified voters of a municipality or county coming within the provisions of this section being filed with the appropriate governing authority, the governing authority shall be required to hold and conduct a special referendum election for the purpose of submitting to the qualified voters of the municipality or county the question of whether or not the sale of distilled spirits, as provided for in this chapter, shall be authorized.
(2) In the event a majority of the persons voting in the election vote in favor of the sales, then the governing authority of these municipalities and counties shall issue the licenses and exercise the powers provided in this chapter. Otherwise, the governing authority shall have no authority to do so.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(3) Following the expiration of two years after any election is held which results in disapproval of sales, as provided in this chapter, another election on this question shall be held if another petition, as provided above, is filed with the appropriate governing authority.
(c) In any municipality or county which has at any time held an election in accordance with the foregoing provisions of this section resulting in the majority of the votes being cast in favor of sales of distilled spirits by the drink, the governing authority of the municipality or county, upon a petition signed by at least by 35 percent of the registered, qualified voters of the municipality or county, shall proceed to call another election in the same manner as prescribed for the purpose of nullifying the previous election. No election shall be called or held within two years after the date of the declaration by the governing authority of the results of the previous election held for the purposes of this section.
5A-2904. Local licenses; regulation. Every county and municipality authorized to issue licenses as provided in this chapter shall have the full power and authority to adopt all reasonable rules and regulations governing the qualifications and criteria for issuance of any licensp for the sale of distilled spirits by the drink and shall further have the power to promulgate reasonable rules and regulations governing the conduct of any licensee provided for in this chapter including, but not limited to, the regulation of hours of business, types of employees, and other matters which may fall within the police powers of such municipalities or counties. These powers shall be exercised only after the authority to do so has been authorized pursuant to the procedures prescribed in Code Section 5A-2902 or 5A-2903.
5A-2905. Wholesalers may sell to licensees. Those persons who are duly licensed as wholesalers of distilled spirits under the provisions of this title may sell to any person or persons licensed as provided in this chapter distilled spirits at wholesale. Persons licensed under this chapter may purchase distilled spirits from a licensed wholesaler at wholesale.

GEORGIA LAWS 1980 SESSION

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SUBCHAPTER B Taxation
5A-2906. Excise tax on distilled spirits for sale by the drink; municipalities. The governing authority of each municipality in this state in which the sale of distilled spirits by the drink is permitted may impose, levy, and collect an excise tax upon the sale of the beverages, excluding the sales of fermented beverages made in whole or in part from malt or any similar fermented beverage. No such tax shall exceed 3 percent of the charge to the public for the beverages.
5A-2907. Excise tax on distilled spirits for sale by the drink; counties. The governing authority of each county in this state in which the sale of distilled spirits by the drink is permitted may impose, levy, and collect an excise tax upon the sale of the beverages, excluding sales of fermented beverages made in whole or in part from malt or any similar fermented beverage. No such tax shall exceed 3 percent of the charge to the public for the beverages. No such tax may be imposed, levied, and collected in any portion of a county in which the tax provided for in Section 5A-2906 is being imposed, levied, and collected.
5A-2908. Excise tax on sale by the drink; rate, manner of imposition, payment, collection, etc. The rate of taxation, the manner of its imposition, payment, collection, and all other procedures related to the tax authorized by Sections 5A-2906 and 5A2907 shall be as provided for by each county and municipality electing to exercise powers conferred by Sections 5A-2906 and 5A-2907.
5A-2909. Excise tax on sale by the drink; dealers collecting tax allowed percentage of tax due. Dealers collecting the tax authorized by Sections 5A-2906 and 5A-2907 shall be allowed a percentage of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due, if the amount is not delinquent at the time of payment. The rate of the deduction shall be the same rate authorized for deductions from state tax under Part V of Title 91A, relating to state sales and use taxes.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

[Code Chapters 5A-30 through 5A-40 RESERVED]
PART III Authorization and Regulation of Malt Beverages
CHAPTER 5A-41 In General
5A-4101. Definitions. As used in this part:
(1) `Brewer' means a manufacturer of malt beverages.
(2) `Case' means a box or receptacle containing not more than 288 ounces of malt beverages on the average.
5A-4102. Point of possession. For purposes of this part, with respect to malt beverages manufactured within this state, possession occurs when the product is first identifiable as a malt beverage, in accordance with this title and such regulations as may be promulgated by the commissioner pursuant to this title. With respect to malt beverages shipped from outside this state to a destination within this state, possession in the consignee occurs when the malt beverage first physically enters the state or when the risk of loss from destruction or casualty to the malt beverage is shifted from the consignor to the consignee located in this state, in accordance with the contract of the parties and the substantive commercial law of this state, whichever event occurs first.
5A-4103. Possession and transportation of nontax paid malt beverages; exemption. Malt beverages upon which the taxes imposed by or pursuant to this part have not been paid in this state, in excess of the amount specified in Code Section 5A-516 are declared to be contraband and any motor vehicle, watercraft, or aircraft used in transporting such beverages in excess of the amount specified in Code Section 5A-516 are also declared to be contraband, subject to seizure and disposition provided by this title.
[Code Chapter 5A-42 RESERVED]

GEORGIA LAWS 1980 SESSION

1619

CHAPTER 5A-43 Local Authorization and Regulation of
Malt Beverages
5A-4301. Dealing in malt beverages at wholesale and retail prohibited without a license from local governing authority; licensing authority; revocation reciprocal, (a) The businesses of manufacturing, distributing, and selling malt beverages at wholesale and retail shall not be conducted in any county or incorporated municipality of this state without a license from the governing authority of the county or municipality.
(b) When any county or municipal license issued pursuant to this section is revoked by the governing authority of the county or municipality, any similar malt beverage license issued to the same person by the commissioner pursuant to this part shall automatically become invalid in the county or municipality in which the license was revoked.
(c) When any state malt beverage license issued pursuant to this part is revoked by the commissioner, any similar malt beverage license issued to the same person by any county or municipality shall automatically become invalid.
5A-4302. Municipal licenses. (a) If any business allowed under the provisions of this part is proposed to be carried on within the corporate limits of a municipality, the applicant for license shall pay to the proper officer, to be designated by the governing authority of the municipality, an annual license fee as fixed by the governing authority. The license shall apply to and be required for each brewer or place of manufacture and also for each place of wholesale and retail distribution.
(b) When any of the businesses described in this section are licensed by the municipal governing authority, no county license fee shall be required by the county governing authority.
5A-4303. County licenses. If any business allowed under the provisions of this part is proposed to be carried on within the unincorporated area of a county, the governing authority of such county may fix an annual license fee. The license shall apply to and be required for each brewer or place of manufacture and also

1620

GENERAL ACTS AND RESOLUTIONS, VOL. I

for each place of wholesale and retail distribution outside of any incorporated municipality.

5A-4304. Restriction on license fees charged by municipality or county other than that where business located. Where a wholesale dealer is licensed to do business in one municipality or county and does business in other municipalities and counties of this state, no municipality or county other than the municipality or county in which the business is located shall charge a license fee against the wholesaler to exceed $ 100.00.

[Code Chapter 5A-44 RESERVED]

CHAPTER 5A-45 State Authorization and Regulation of Malt Beverages

5A-4501. State license tax. (a) An annual occupational license tax is imposed upon each brewer, manufacturer, broker, importer, wholesaler, and retail dealer of beer in this state, as follows:

(1) Upon each brewer

$

(2) Upon each wholesale dealer

$

(3) Upon each importer

$

(4) Upon each broker

$

(5) Upon each retail dealer

$

1,000. 500. 500. 50. 50.

(b) The tax provided in this section shall be paid on each place of business operated and shall be paid to the commissioner when the licensee enters business, and annually thereafter, so long as the business is operated and conducted.

5A-4502. Bottles and cans to bear the wording `Georgia' or its abbreviations, such as`GA.,'on crowns or lids, (a) No person engaged in the business of selling, manufacturing, or distributing malt beverages specified in this chapter, in bottles or cans, shall sell, offer for sale, or possess for the purpose of sale, any bottles or cans containing such malt beverage unless the crowns or lids contain the word `Georgia' or its abbreviation, such as `GA.'

GEORGIA LAWS 1980 SESSION

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(b) The commissioner may prescribe an alternate identification for certain bottles or containers of malt beverages manufactured in a foreign country and which have been imported into this state to a licensed importer, manufacturer, or wholesaler for resale.
5A-4503. Shipper prohibited from shipping malt beverages into state without a license; shippers to submit additional information. (a) No shipper, brewer, or importer may ship malt beverages within or into the state without first obtaining a proper license from the commissioner in the manner provided in this title.
(b) In addition to any required bond and such other documentation as may be required by the commissioner pursuant to this title, each shipper shall submit with his application one label for each brand of malt beverage to be shipped for the first time by the shipper into the state.
5A-4504. Malt beverages acquired from anyone other than wholesale dealer authorized to do business declared contraband. Any malt beverage possessed, sold, or offered for sale by a retail dealer which was purchased or otherwise acquired from any person other than a wholesale dealer authorized to do business under this part is declared to be contraband and shall be seized by the commissioner or the appropriate local authorities and disposed of by the commissioner in the manner provided in this title.
5A-4505. Regulation of delivery, receipt, and storage of malt beverages after sale. All malt beverages sold by a wholesale dealer to a retail dealer shall be delivered only to the premises of a licensed retail dealer and transported only by a conveyance owned, or leased, and operated by a wholesale dealer who is designated to deal in the brands of malt beverages sold and licensed to make sales and deliveries within the municipality or county in which the sale or delivery is made. The malt beverages so sold shall not be delivered to, received, or stored at any place other than premises for which state and local retail licenses have been issued.
5A-4506. Restriction upon licensed wholesale dealers as to whom they may sell and deliver malt beverages. Licensed wholesale dealers may sell malt beverages only to other licensed wholesale dealers and to importers and retail dealers licensed in this state.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

5A-4507. Brewer's license to be revoked only for due cause, (a) No license issued by the state, or any other duly authorized licensing authority, to any person for the manufacture of malt beverages shall be revoked except for due cause.
(b) `Due cause' for the revocation of a brewer's license shall consist only of violation of the laws regulating the manufacture of malt beverages and of regulations made pursuant to authority lawfully granted for the purpose of regulating the manufacture of malt beverages.
5A-4508. Brewer's license to include right of sale for resale; separate revocation of licenses for sale inside and outside state, (a) A license to manufacture malt beverages shall include the right to sell the product of the brewer for resale within and without the limits of this state.
(b) The right to sell the manufactured product to duly licensed wholesalers for resale within this state may be revoked separately from the right to manufacture and sell the product of such manufacture for resale outside of this state.
(c) The revocation of the license to sell for resale within this state by the state, or any other duly authorized licensing authority, shall not interfere, in any way, with or otherwise affect or impair the license to manufacture and sell the product of the manufacturer for resale beyond the limits of this state.
5A-4509. Brewer's license renewable as matter of right. Every unrevoked license authorizing the manufacture of malt beverages, whether issued by the state or any other duly authorizing licensing authority, shall be renewable to the holder of the license as of right upon the payment of fees and taxes lawfully assessed and fixed for the issuance of licenses of that kind and character.
[Code Chapter 5A-46 RESERVED]
CHAPTER 5A-47 Excise Taxation of Malt Beverages
SUBCHAPTER A State Taxation

GEORGIA LAWS 1980 SESSION

1623

5A-4701. Levy of state excise tax on malt beverages. There is levied and imposed on the first sale, use, or possession within this state of malt beverages the following taxes:
(a) Where malt beverages are sold in or from a barrel or bulk container, malt beverages being commonly known as tap or draft beer, an excise tax of $10.00 for each container sold, containing not more than 31 gallons, and a proportionate tax at like rates on all fractional parts of 31 gallons.
(b) Where malt beverages are sold in bottles, cans, or other containers, except barrel or bulk containers, an excise tax of 4 \/2<t per 12 ounces and a proportionate tax at like rates on all fractional parts of 12 ounces.
5A-4702. Exemptions. The taxes imposed by this subchapter are not levied with respect to:
(a) Malt beverages sold to persons outside this state for resale or consumption outside of this state.
(b) Sales of malt beverages sold to stores or canteens located on United States military reservations.
SUBCHAPTER B Local Taxation
5A-4731. Municipal and county excise tax. (a) Municipalities and counties permitting the sale of malt beverages shall impose an excise tax, in addition to the excise taxes levied by the state, in the sum of 5<? per 12 ounces, or proportionately thereof, so as to graduate the tax on bottles, cans, and containers of various sizes. The excise tax on tap or draft beer shall be in the sum of $6.00 for each container sold as hereinafter specified, containing not more than 15 1/2 gallons and at a like rate for fractional parts, where the beverage is sold in or from a barrel or bulk container, such beverage being commonly known as tap or draft beer.
5A-4732. Tax to be paid by wholesale dealer; when, (a) The excise tax provided for in this subchapter shall be imposed upon and shall be paid by the licensed wholesale dealer in malt beverages.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(b) The taxes shall be paid by the dealer on or before the tenth day of the month following the calendar month in which the beverages are sold or disposed of within the particular municipality or county by said wholesale dealer.
(c) Each licensee responsible for the payment of the excise tax shall file a report itemizing for the preceding calendar month the exact quantities of malt beverages, by size and type of container, sold during the month within each municipality or county. The licensee shall file the report with each municipality or county wherein the beverages are sold by the licensee.
(d) The wholesaler shall remit to the municipality or county on the tenth day of the month next succeeding the calendar month in which the sales were made the tax imposed by the municipality or county.
5A-4733. No marking to be required. No decal, stamp, or other marking may be required on malt beverages designating the particular municipality or county in which a sale of malt beverages is made or in which resides a licensed retailer to whom the beverages are delivered.
54-4734. Enforcement of subchapter. The provisions of this subchapter shall be enforced by the commissioner or by any municipality or county permitting the sale of malt beverages within its boundaries, especially with regard to collection and payment of the tax provided for this section.
5A-4735. Use of tax proceeds by consolidated governments and certain political subdivisions, (a) Any tax revenue realized pursuant to Section 5A-4735 by a consolidated government existing at time of adoption of this section which is in excess of the amount levied locally on December 1, 1972, shall be used to construct a convention center or to pay for the operation of a convention center.
(b) Any tax revenue realized pursuant to Section 5A4735 by a county having a population of not less than 162,000 nor more than 165,000, according to the census, or by any municipality in any such county which is in excess of the amount levied locally on December l] 1972, shall be used for the construction of a coliseum or civic center.

GEORGIA LAWS 1980 SESSION

1625

[Code Chapters 5A-48 through 5A-50 RESERVED]
PART IV Authorization and Regulation of Wine
CHAPTER 5A-51 In General
5A-5101. Definitions. As used in this part:
(1) `Dessert wine' means a wine having an alcoholic strength of more than 14 percent alcohol by volume but not more than 21 percent alcohol by volume.
(2) `Domestic winery' means any winery, manufacturer, maker, producer, or bottler of wine located within the state.
(3) `Foreign winery' means any winery, manufacturer, maker, producer, or bottler of wine located outside the state.
(4) `Table wine' means a wine having an alcoholic strength of not more than 14 percent alcohol by volume.
(5) `Winery' means a manufacturer of wine.
5A-5102. Point of possession. For purposes of this part, with respect to wines manufactured within this state, possession occurs when the product is first identifiable as wine, in accordance with this title and such regulations as may be promulgated by the commissioner pursuant to this title. With respect to wines shipped from without this state to a destination within this state, possession in the consignee occurs when the wine first physically enters the state or when the risk of loss from destruction or casualty to the wine is shifted from the consignor to the consignee located in this state, in accordance with the contract of the parties and the substantive commercial law of this state, whichever event occurs first.
5A-5103. Head of household may produce 200 gallons of wine per year to be consumed within his household, (a) A head of a household may produce 200 gallons of wine in any one calendar year to be consumed within his own household without any

1626

GENERAL ACTS AND RESOLUTIONS, VOL. I

requirement to be licensed for such purpose. Wine so produced shall not be subject to any excise tax imposed by this part.
(b) For the purposes of this section, a single individual who is not a dependent of another person for purposes of Georgia income taxation shall be considered a head of household.
[Code Chapter 5A-52 RESERVED]
CHAPTER 5A-53 Local Authorization and Regulation
5A-5301. Dealing in wine at wholesale and retail prohibited without a county or municipal license; counties and municipalities granted powers to issue, refuse, and revoke local licenses; revocation of local and state wine licenses, (a) The businesses of manufacturing, distributing, and selling wine at wholesale and retail shall not be conducted in any county or incorporated municipality of this state without a license from the governing authority of the county or municipality.
(b) When any county or municipal license issued pursuant to this section is revoked by the governing authority of such county or municipality, any similar wine license issued to the same person by the commissioner pursuant to this part shall automatically become invalid in the county or municipality in which the license was revoked.
(c) When any state wine license issued pursuant to this part is revoked by the commissioner, any similar wine license issued to the same person by any county or municipality of this state shall automatically become invalid.
[Code Chapter 5A-54 RESERVED]
CHAPTER 5A-55 State Authorization and Regulation
5A-5501. State license tax. An annual occupational license tax is imposed upon each winery, manufacturer, broker, importer, wholesaler, and retail dealer of wine in this state, as follows:

GEORGIA LAWS 1980 SESSION

1627

(1) Upon each winery and manufacturer $

1,000.

(2) Upon each wholesale dealer . . $

500.

(3) Upon each importer

$

500.

(4) Upon each broker

$

50.

(5) Upon each retail dealer

$

50.

5A-5502. Surety bonds to be filed with commissioner,
(a) All applicants for all licenses shall file with the commissioner, along with each application, a bond conditioned to pay all sums which may become due by the applicant to the state as taxes, license fees, or otherwise, by reason of, or incident to, the operation of the business for which licensure is sought and conditioned to pay all penalties which may be imposed upon the applicant for failure to comply with the laws and rules and regulations pertaining to wines. Surety for the bonds shall be a surety company licensed to do business in this state and the bonds shall be in such form as may be required by the commissioner.

(b) The bonds required pursuant to subsection (a) shall be in the following amounts:

(1) For wineries, $5,000.00.

(2) For wholesale dealers, importers, brokers:

(A) If the applicant does not hold a similar license, $5,000.00.

(B) If the applicant does hold a similar license, an amount, as determined by the commissioner, reasonably equivalent to the applicant's wine tax liability during a typical 45 day period, but in no event greater than $ 10,000.00.

(3) For retail dealers, $500.00.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(c) The commissioner may waive the requirement of a surety on the bonds of applicants for retail licenses if he determines that a surety is not essential to the protection of the interests of the state.
5A-5503. Shipper prohibited from shipping wines into state without a license; shippers to submit additional information, (a) No shipper shall be permitted to ship wines into the state without first obtaining a proper license from the commissioner in the manner provided in this chapter.
(b) In addition to the bond required in Section 5A-5502 and such other documentation required by the commissioner pursuant to this title, each shipper shall:
(1) Submit with his application one label for each brand of wine to be shipped for the first time by the shipper into the state.
(2) Designate in the application for registration sales territories for each of its brands sold in Georgia.
(3) Name one licensed wholesaler in each territory who, within the territory, shall be the exclusive distributor of the brand within the territory.
(c) Designations of wholesalers or wholesalers' territories as provided in this section shall be initially approved by the commissioner and shall not be changed nor initially disapproved except for cause. The commissioner shall determine cause after a hearing under regulations promulgated by the commissioner for such purposes.
5A-5504. Wine acquired from anyone other than wholesale dealer authorized to do business declared contraband. Any wine possessed, sold, or offered for sale by a retail dealer which was purchased or otherwise acquired from any person other than a wholesale dealer authorized to do business under this part is declared to be contraband and shall be seized and disposed of by the commissioner in the manner provided in this title.

GEORGIA LAWS 1980 SESSION

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5A-5505. Regulation of delivery, receipt, and storage of wines after sale. All wines sold by a wholesale dealer to a retail dealer shall be delivered only to the premises of a licensed retail dealer and transported only by a conveyance owned, or leased, and operated by a wholesale dealer who is designated to deal in the brands of wines sold and licensed to make sales and deliveries within the municipality or county in which the sale or delivery is made. The wine so sold shall not be delivered to or received or stored at any place other than premises for which state and local retail licenses have been issued.
5A-5506. Regulation of sales transactions involving wine. Each wholesale dealer, at the time of any sale of wine, shall prepare and keep a copy of a sales invoice containing:
(1) The name of the wholesale dealer.
(2) The name, address, and license number of the licensed importer, wholesaler, or retailer making the purchase.
(3) The quantity and container sizes of wine sold.
(4) The date of the sale.
(5) Any other information as the commissioner may require.
5A-5507. Restriction upon licensed wholesale dealers as to whom they may sell and deliver wine. Licensed wholesale dealers shall sell only to other licensed wholesale dealers and to importers and retail dealers licensed in this state.
5A-5508. Certain persons to register with commissioner. Every agent, representative, salesman, and employee of each winery, manufacturer, importer, producer, or broker shipping, or causing to be shipped, wines into the state shall register with the commissioner, on forms prepared by the commissioner, before engaging in the selling, promoting, displaying, or advertising of wine.

1630

GENERAL ACTS AND RESOLUTIONS, VOL. I

5A-5509. Wine to be in certain containers specified in the Standards of Fill for Wine; exemptions. All wine shipped into this state from without this state and all wine manufactured within this state shall be in containers specified in the Standards of Fill for Wine prescribed by the Department of the Treasury of the United States for wines shipped in interstate commerce. The federal regulations relating to Standards of Fill for Wine are adopted and incorporated by reference in this section. Wines manufactured and produced in the state shall be exempt from the provisions of this section provided the container sizes were in use and exempt from such provisions on January 1, 1977.
/[Code Chapter 5A-56 RESERVED]
CHAPTER 5A-57 Excise Taxation of Wine
SUBCHAPTER A State Taxation
5A-5701. Levy of state excise tax on wine. There is levied and imposed on the first sale, use, or possession within this state of wines the following taxes:
(1) On table wines produced within the state, wholly from fruits and berries grown within the state, 40(f per gallon and a proportionate tax at like rates on all fractional parts of a gallon.
(2) On table wines produced from fruits and berries grown without the state, whether produced within or without the state, $ 1.50 per gallon and a proportionate tax at like rates on all fractional parts of a gallon.
(3) On dessert wines produced within the state, wholly from fruits and berries grown within the state, $ 1.00 per gallon and a proportionate tax at like rates on all fractional parts of a gallon.
(4) On dessert wines produced within the state, wholly from fruits and berries grown within the state, to which wine spirits produced from without the state have been added, $2.50 per gallon and a proportionate tax at like rates on all fractional parts of a gallon.

GEORGIA LAWS 1980 SESSION

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(5) On dessert wines produced from fruits and berries grown without the state, whether produced within or without the state, $2.50 per gallon and a proportionate tax at like rates on all fractional parts of a gallon.
SUBCHAPTER B Local Taxation
5A-5731. Excise tax on wine may be imposed by local governments; manner of taxation left up to local government; no county tax imposed where municipalities already levy one. (a) The governing authority of each municipality and county where the sale of wine is permitted by this part, in its discretion, may levy an excise tax on the first sale or use of wine by the package not exceeding 80<f per wine gallon and a proportionate tax at like rates on all fractional parts of a gallon.
(b) The rate of taxation, the manner of its imposition, payment, collection, and all other procedures related to the tax authorized by subsection (a) of this section shall be as provided for by each county and municipality electing to exercise the power so conferred.
(c) No county excise tax shall be imposed, levied, and collected in any portion of a county in which a municipality within the county is imposing the same tax on distilled spirits sold by the package.
SUBCHAPTER C Exemptions
5A-5761. Exemptions from tax. The taxes imposed by this chapter shall not be levied with respect to:
(1) Wine sold to and used by established and recognized churches and synagogues for use in sacramental services only.
(2) Any sale of wine which is exempt from taxation by the state under the Constitution of the United States.

1632

GENERAL ACTS AND RESOLUTIONS, VOL. I

[Code Chapter 5A-58 through 5A-60 RESERVED]
PART V Miscellaneous Regulatory Authority
CHAPTER 5A-61 Private Clubs
SUBCHAPTER A General Provisions
5A-6101. Definitions. As used in this chapter:
(1) `Bona fide private club' means any nonprofit association organized under the laws of this state which:
(A) Has been in existence at least one year prior to the filing of its application for a license to be issued pursuant to this chapter;
(B) Has at least 75 regular dues paying members;
(C) Owns, hires, or leases a building or space within a building for the reasonable use of its members with:
(i) Suitable kitchen and dining room space and equipment, and
(ii) A sufficient number of employees for cooking, preparing, and serving meals for its members and guests; and
(D) Has no member, officer, agent, or employee directly or indirectly receiving, in the form of salary or other compensation, any profits from the sale of alcoholic beverages beyond a fixed salary.
(2) `Fixed salary' means the amount of compensation paid any member, officer, agent, or employee of a bona fide private club as may be fixed for him by its members at a prior annual meeting or by the governing

GEORGIA LAWS 1980 SESSION

1633

body out of the general revenue of the club and shall not include any commission on any profits from the sale of alcoholic beverages. For the purposes of this definition, tips or gratuities which are added to the bills under club regulations shall not be considered as profits from the sale of alcoholic beverages.
5A-6102. Regulation of sale of alcoholic beverages in private clubs; authorization. The commissioner may issue alcoholic beverage licenses to bona fide private clubs in any county or municipality within the state and may promulgate regulations he deems necessary for the proper enforcement of the provisions of this law after the approval of such authority by an election as provided in this chapter. These licenses shall authorize the sale of distilled spirits for beverage purposes by the drink for consumption on the premises only.
5A-6103. License fees. The license fees for a club shall be the same fees as provided by law for the sale of distilled spirits in public licensed places of business and, in addition, a prelicense investigation fee of $ 100.00 shall be required.
5A-6104. Sales within municipalities; excise tax. (a) When any license is issued by the commissioner as provided in this chapter for the sale of distilled spirits within the corporate limits of any municipality, the municipality shall impose an excise tax, in addition to the excise taxes presently levied by the state, in the sum of 80<? per wine gallon on distilled spirits.
(b) In the event a license is issued as provided in this chapter for sales in the unincorporated areas of any county, the county shall impose an excise tax in the same amount as provided for municipalities in subsection (a).
(c) Local excise taxes as provided in this section shall be imposed upon and shall be paid by the licensed wholesale dealer in distilled spirits.
(d) The taxes provided for in this section shall be imposed and collected monthly on distilled spirits sold or disposed of within the particular taxing jurisdiction.
52

1634

GENERAL ACTS AND RESOLUTIONS, VOL. I

5A-6105. Mixed drink tax. An excise tax of not more than 3 percent may be imposed by municipalities or counties on the sale of mixed drinks where such sales by a private club are lawful.
5A-6106. Rules and regulations. The commissioner may promulgate such reasonable regulations as are necessary and appropriate to regulate the sale, possession, and use of alcoholic beverages in private clubs.
5A-6107. Local regulatory authority not impaired; licensing of private clubs, (a) Nothing contained in this chapter shall be construed so as to limit the licensing and regulatory authority of any municipality or county in which the sale of alcoholic beverages is lawful.
(b) Each municipality and county may license and regulate any bona fide private club located within the licensing and regulatory jurisdiction of the municipality or county.
5A-6108. Referendum for approval at discretion of governing authority; procedures, (a) The governing authority of any county or municipality, in its discretion, may direct its election superintendent to issue the call for an election to determine if the sale of distilled spirits by private clubs, as provided in this chapter, shall be allowed. Upon such direction, the election superintendent shall call a special election at least 30 days prior to the date of the election and shall publish the notice of the call of the election in the official gazette of the county or, in the case of a municipal election, in a newspaper of general circulation in the municipality once a week for two weeks preceding the election.
(b) (1) A county election held pursuant to this section shall be held according to the rules and regulations governing special elections contained in Code Title 34, the Georgia Election Code, as amended, and may be held at the time of holding any other primary or election in the county.
(2) A municipal election shall be held according to the rules and regulations governing special elections contained in Code Title 34A, the Georgia Municipal Election Code, as amended, and may be held at the time of holding any other primary or election in the municipality.

GEORGIA LAWS 1980 SESSION

1635

(c) The returns of the election held pursuant to this section shall be made within three days after the election to the election superintendent who shall ascertain and declare the result after the receipt of the returns.
(d) (1) The ballot in the election shall have written or printed thereon:

] YES Shall alcoholic beverages for beverage purposes [ ] NO by the drink, for consumption on the premises
only, be allowed in private clubs?'

(2) Those desiring to vote in favor of such sales shall vote `Yes.' Those desiring to vote against such sales shall vote `No.' If at the election a majority of the votes cast shall be in favor of such sales in private clubs, the sale shall be permitted in accordance with the provisions of this chapter. If at the election a majority of the votes cast shall be against such sales, such sales in the political subdivision shall be prohibited, except as otherwise provided in this chapter.
(e) No election shall be held within two years after the date of the declaration of the result of the previous election for such purpose under this section.
(f) The local governmental authority must approve any license within its jurisdiction before issue of the license.
5A-6109. Referendum upon petition by voters; procedures. (a) Upon a petition signed by at least 25 percent of the registered voters of the political subdivision concerned, qualified to vote at the general election immediately preceding the presentation of the petition, being filed with the election superintendent of a county or municipality, the election superintendent shall call a special election at least 30 days prior to the date of the election and shall publish the notice of the call of the election in the official gazette of the county or, in the case of a municipal election, in a newspaper of general circulation in the municipality once a week for two weeks preceding the election. The purpose of the election

1636

GENERAL ACTS AND RESOLUTIONS, VOL. I

provided for in this section shall be to determine if the sale of distilled spirits in private clubs, as provided by this chapter, shall be allowed.
(b) Each election held pursuant to this section shall be held according to the same rules and regulations and subject to the same procedures and limits provided for elections held pursuant to Code Section 5A-6108.
(c) No election shall be held within two years after the date of the declaration of the result of the previous election for such purpose under this section.
(d) (1) In any county or municipality which has at any time held an election in accordance with the provisions of this section, resulting in approval of the sale of distilled spirits in private clubs, the election superintendent of the county or municipality, upon a petition signed by at least 25 percent of the registered qualified voters of the political subdivision concerned, shall proceed to call another election in the same manner as provided in Code Section 5A-6108, for the purpose of nullifying the previous election.
(2) No election pursuant to this subsection shall be called or had within two years after the date of the declaration of the result of the previous election.
(e) The local governmental authority must approve any license within its jurisdiction before issuance of the license.
SUBCHAPTER B Special Provisions
5A-6121. Regulation of sales of alcoholic beverages in private clubs in certain counties and municipalities; local regulations. (a) As used in this section, `bona fide private club' shall be defined as provided in Section 5A-6101.
(b) The governing authority of each county having a population of not less than 32,500 or more than 32,800, according to the census, in which the sale of alcoholic beverages is lawful, and

GEORGIA LAWS 1980 SESSION

1637

the governing authority of each municipality in which the sale of alcoholic beverages is lawful in each such county, may issue, through proper resolution or ordinance, alcoholic beverage licenses to bona fide private clubs.
(c) The licenses provided for in this section shall authorize the sale of alcoholic beverages for beverage purposes by the drink for consumption on the premises only.
(d) Every such governing authority may adopt all reasonable rules and regulations governing the qualifications and criteria for the issuance of any such license and further may promulgate reasonable rules and regulations governing the conduct of any licensee provided for in this section including, but not limited to, the regulation of the hours when such alcoholic beverages and liquors may be served, the types of employees, and other matters which may fall within the police powers of such counties and municipalities.
(e) Those persons who are duly licensed as wholesalers under the provisions of this title shall be authorized to sell alcoholic beverages at wholesale to any person or persons so licensed as provided in this section. Any person licensed under this section may purchase alcoholic beverages from a licensed wholesaler at wholesale.
[Code Chapter 5A-62 RESERVED]
CHAPTER 5A-63 Sales of Alcoholic Beverages by Passenger Carriers, Nonprofit Organizations, Etc.
5A-6301. Commissioner may authorize distribution or sale of two-ounce containers of distilled spirits by passenger carriers, (a) Notwithstanding anything contained in this title or any other provision of law, the commissioner may authorize the distribution or sale of containers of distilled spirits, containing not more than two fluid ounces per container, by licensed airlines and railway passenger carriers.
(b) These passenger carriers shall annually obtain an authorization from the commissioner for the distribution or sale of such containers for a fee of $ 100.00.

1638

GENERAL ACTS AND RESOLUTIONS, VOL. I

(c) The carriers shall pay taxes in the proper amounts on the containers distributed or sold in or over the state.
(d) The carriers shall file reports of all distributions or sales of the containers to the commissioner on or before the fifteenth day of the month subsequent to the month of distribution or sale and shall remit the proper tax for the distribution or sales at that time. The carriers shall further report to the commissioner such other information as the commissioner may deem necessary for the purposes of this section.
5A-6302. Authorization for distribution and sale of wine and malt beverages by passenger carriers, (a) Notwithstanding anything contained in this title or any other provision of law, the commissioner may authorize the distribution or sale of wine and malt beverages in various size containers by licensed airlines and railway passenger carriers.
(b) The carriers shall annually obtain an authorization from the commissioner for the distribution and sale of wine and malt beverages in various size containers for a fee of $ 100.00.
(c) The carriers shall pay taxes in the proper amounts on the containers distributed or sold in or over the state.
(d) The carriers shall file reports of all distributions or sales of the containers to the commissioner on or before the fifteenth day of the month subsequent to the month of distribution or sale and shall remit the proper tax for the distribution or sales at that time. The carriers shall further report to the commissioner such other information as the commissioner may deem necessary for the purposes of this title.
5A-6303. Nonprofit civic organizations; temporary, (a) Upon the filing of an application and payment of a fee of $25.00, the commissioner may issue a permit authorizing a bona fide nonprofit civic organization to sell alcoholic beverages for consumption on the premises only, for a period not to exceed one day, subject to any law regulating the time for selling such beverages.
(b) Not more than two permits may be issued pursuant to this section to an organization in any one calendar year.

GEORGIA LAWS 1980 SESSION

1639

(c) Permits issued pursuant to this section shall be valid only for the place specified in the permit. No permit may be issued unless the sale of distilled spirits, wine, or malt beverages is lawful in the place for which the permit is issued.
[Code Chapter 5A-64 RESERVED]
CHAPTER 5A-65 Sales of Alcoholic Beverages at
Publicly Owned Facilities
5A-6501. Sales of alcoholic beverages at publicly owned airports; regulation and taxation, (a) The issuance of licenses for the package sale, sale by the drink, storage, and distribution of alcoholic beverages within the boundary of any airport owned or operated, or both, by a county or municipality may be approved, by proper resolution or ordinance, by the county or municipal governing authority owning or operating the airport. A license for such sales, storage, or distribution of distilled spirits may be issued only by the governing authority of a municipality in which the sales of alcoholic beverages are lawful or by the governing authority of a county in which such sales are lawful.
(b) The provisions of this section shall apply regardless of the location of the airport.
(c) For the purposes of regulating and taxing the sale, storage, and distribution of alcoholic beverages, the airport boundaries of an airport owned or operated, or both, by a county or municipality shall be treated:
(1) If the airport is owned or operated, or both, by a county, as though the airport boundaries were located entirely within the boundaries of the county which owns or operates, or owns and operates, the airport; or
(2) If the airport is owned or operated, or both, by a municipality, as though the airport boundaries were located entirely within the corporate limits of that municipality and entirely within the boundaries of the county in which the greater portion of the municipality owning or operating, or owning and operating, the airport lies.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(d) No county or municipality may control, tax, regulate, or exercise police powers over the sale, storage, or distribution, or any of them, of alcoholic beverages within the boundaries of an airport owned or operated, or both, by another municipality or county which has lawfully approved the sale in any fashion or storage of any alcoholic beverages within all or part of the municipality or county.
(e) In the event the sale of alcoholic beverages is authorized pursuant to this section within a county in which the sale of alcoholic beverages is not otherwise lawful and the sale of alcoholic beverages later becomes otherwise lawful in such county, the provisions of this section shall not apply to the sale of alcoholic beverages in airports, or any part of an airport, located in that county.
5A-6502. Sale of malt beverages at public golf courses operated by counties or municipalities. Any county or municipality operating a public golf course and offering for retail sale food or drink as an incident to the operation of the golf course, in its discretion, may sell at retail malt beverages by the drink as an incident to the operation of the golf course.
5A-6503. Sale of malt beverages by coliseum authorities in certain counties; taxation and regulation, (a) As used in this section:
(1) `Coliseum authority' means any public coliseum authority created by law in any county having a population of not less than 145,000 and not more than 165,000, according to the census.
(2) `Coliseum' means any multiuse coliseum type facility having a seating capacity of 9,000 or more and which is a project of the coliseum authority, together with related buildings, facilities, and extensions of the project.
(b) Any coliseum authority presently or hereafter operating a coliseum may sell malt beverages at retail as an incident to the operation of the coliseum. Such sales may be made during all hours during which such sales are lawful in the state including, but not limited to, between the hours of 12:30 P.M. and 12:00 Midnight on Sundays.

GEORGIA LAWS 1980 SESSION

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(c) For the purposes of regulating and taxing the sale, storage, and distribution of malt beverages as provided in this section, the coliseum shall be considered to be within a municipality if the coliseum, or the greater part of the coliseum, is within the limits of the municipality. The coliseum shall be considered to be within the unincorporated area of the county if the coliseum, or the greater part of the coliseum, is located within the unincorporated part of the county.
[Code Chapters 5A-66 through 5A-70 RESERVED]
PART VI Provisions Applicable Only in Dry Counties and Municipalities
CHAPTER 5A-71 In General
5A-7101. Scope of chapter. This chapter shall only be applicable within counties or municipalities in which the sales of distilled spirits are not lawful.
5A-7102. Sale, barter, exchange, gift, furnishing of distilled spirits forbidden. It is unlawful for any person, knowingly and intentionally, to sell, offer for sale, keep for sale, barter, exchange, furnish at public places, keep on hand at a place of business, or otherwise possess distilled spirits in any quantity, except as provided in this title.
5A-7103. Allowing use of premises. It is unlawful for any person to let or permit any other person to use any premises which he owns or controls for the unlawful sale, manufacture, or other unlawful disposition of distilled spirits.
5A-7104. Unlawful to transport distilled spirits intended to be used in violation of title; not unlawful to transport or possess limited quantity of distilled spirits; not unlawful to transport distilled spirits through dry jurisdiction when destination is outside its boundaries, (a) It is unlawful for any person, knowingly and intentionally, to transport, ship, or carry, from any point without this state to any point within this state or from place to place within this state, any distilled spirits intended by any person interested in such beverages to be received, possessed, sold, or in any manner used in violation of this title.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(b) It is not unlawful for any person to transport, ship, carry, or possess distilled spirits in any county or municipality when the beverages are in the amount specified by Section 5A-2507 and intended for personal use and not for sale.
(c) It is not unlawful for any person to transport, ship, or carry any distilled spirits through any county or municipality where the destination of the beverages is beyond the respective jurisdictional boundaries of the county or municipality.
5A-7105. Limitation upon quantity of distilled spirits which may be possessed. It is not unlawful for any person to have and possess for use and not for sale, in any county or municipality within the state, one standard case of half gallon, quart, or fifth size containers of distilled spirits, but not more than eight individual containers of distilled spirits of a size of one-half pint or four individual containers of distilled spirits of a size of one pint, which may have been purchased by the person for use and consumption from a lawful and authorized retailer and properly stamped.
5A-7106. Common nuisances, places defined as. (a) The following are declared to be common nuisances and may be abated or enjoined as such upon complaint of the Attorney General, or the district attorney of the superior court, or any citizen of the county where the common nuisance is located:
(1) Any place used for the unlawful manufacture, sale, barter, keeping for sale, or other unlawful disposition of distilled spirits.
(2) Any place where distilled spirits are sold, bartered, kept for sale, or otherwise disposed of, to be consumed on or near the premises.
(3) Any resort or public eating place where distilled spirits are sold, served, or consumed.
(4) Any club or other place in which distilled spirits are received or kept for the purpose of sale, barter, use, storage, gift, consumption, or for distribution or division among, or to be furnished to, the membership of any club or association of persons.

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(b) Any chartered club or incorporated association of persons under the laws of this state that is guilty of violating any provisions of this section, or maintains or keeps any place as described in this section, shall forfeit its charter. The forfeiture may be declared by proceedings in quo warranto against the club or incorporated association in a court of competent jurisdiction in the county where the unlawful act is committed.
5A-7107. Maintaining common nuisance deemed separate offense for each day; evidence and practice, etc. Any common nuisance, if kept and maintained, shall be and constitute an unlawful place and the act of keeping and maintaining any such room or place shall be deemed a separate offense for each day that it continues. The common nuisances may be abated by writ of injunction issued out of the superior court upon a complaint filed by the Attorney General, or the district attorney of the superior court, or any citizen of such county. The complaint shall be filed in the county in which the nuisance exists.
5A-7108. Forfeiture of rights of lessee or tenant. The unlawful manufacture, sale, or keeping for sale or disposition of any distilled spirits shall work, at the option of the landlord, a forfeiture of the rights of any lessee or tenant under any lease or contract for rent of the premises where the unlawful act is performed by the lessee or tenant, or by any agent, servant, clerk, or employee of the lessee or tenant with the latter's knowledge or permission.
5A-7109. Keeping prima facie evidence of intent. The keeping of distilled spirits in any building not exclusively used for a dwelling shall be prima facie evidence that they are kept for sale or with intent to dispose of same contrary to this chapter.
5A-7110. Duty of district attorney as to prosecutions, (a) Any district attorney in the county whose duty it is to prosecute criminal cases on behalf of the state may commence prosecution on his own affidavit against any party violating any provision of this chapter. Every such district attorney, upon receiving information giving him probable cause to believe that there has been a violation of this chapter, shall lay the matter before the grand jury or institute a criminal prosecution against the party by affidavit before a court or judge of competent jurisdiction, if he is willing and able to make the affidavit for the institution of a criminal prosecution. If he is not

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GENERAL ACTS AND RESOLUTIONS, VOL. I

willing or able to make the affidavit and any citizen is willing to make an affidavit for the institution of a criminal prosecution against any party for the violation, the district attorney shall superintend the preparation of the papers and the institution of the prosecution, provided the district attorney is of the opinion upon the facts at hand that there is reasonable ground to believe that a conviction ought to be had.
(b) Sheriffs are charged with the duty of enforcing the provisions of this chapter and cooperating with the district attorneys.
5A-7 111. Evidence, competency of, in prosecutions for violation of law or for abatement of nuisance, (a) In all prosecutions against any persons for manufacturing, selling, offering for sale, keeping or having or otherwise disposing of distilled spirits, it shall be competent for the state to give in evidence the fact that the beverage which the evidence may tend to show the defendant had manufactured, sold, bartered, exchanged, furnished, given away, or otherwise disposed of, possessed or possesses the same color, odor, and general appearance or the same taste, color, and general appearance of a distilled spirit.
(b) The fact that a beverage in question is of the same color, odor, and general appearance or the same taste, color, and general appearance as a distilled spirit shall constitute prima facie evidence that the beverage is a distilled spirit.
(c) In the event the defendant claims the beverage in question is not a distilled spirit when it possesses the same color, odor, and general appearance or the same taste, color, and general appearance as a distilled spirit, the burden of proof shall be upon the defendant to establish to the reasonable satisfaction of the judge, court, or jury trying the case that the beverage in question is not a distilled spirit and that it is a beverage not prohibited by the law to be manufactured, sold, offered for sale, or otherwise disposed of.
(d) The same rule of evidence shall be applicable in all cases for the abatement of liquor nuisances and in all prosecutions for violations of this chapter when it becomes necessary to determine whether the liquor or beverage is a distilled spirit.

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5A-7112. Property right in distilled spirits denied; contraband articles; forfeiture. No property rights of any kind shall exist in distilled spirits or in the vessels kept or used for the purpose of violating any provision of this chapter, nor in any such liquors when received, possessed, or stored at any forbidden place or anywhere in a quantity forbidden by law, or when kept, stored, or deposited for the purpose of sale or unlawful disposition or unlawful furnishing or distribution. In all such cases the distilled spirits and the vessels and receptacles in which the distilled spirits are contained and property kept or used for the purpose of violating this chapter are declared to be contraband, are to be forfeited to the state when seized, and may be ordered and condemned to be destroyed after seizure by order of the court that has acquired jurisdiction over it, or by order of the judge or court after conviction when distilled spirits and such property have been seized for use as evidence.
5A-7113. Contraband articles; seizure; destruction; sale.
(a) (1) All apparatus or appliances which are used for the purpose of distilling or manufacturing any distilled spirits are hereby declared to be contraband.

(2) No person shall have any property right in or to the contraband specified in subsection (a).
(3) Whenever apparatus or appliances used or about to be used for the purpose of manufacturing, using, holding, or containing any distilled spirits are found or discovered by any sheriff, deputy sheriff, or other executing officer of this state, the same shall be summarily destroyed and rendered useless by him without any formal order of the court.
(b) (1) All vehicles and conveyances of every kind and description in this state, and all boats and vessels of every kind and description in any of the waters of this state, which are used in conveying, removing, concealing, or storing any distilled spirits, the transportation, possession, or storing of which is in violation of law, shall be seized and condemned by any sheriff or other arresting officer.

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The law enforcement officer making a seizure shall report the seizure, within ten days after the seizure, to the prosecuting attorney of the county, city, or superior court having jurisdiction in the county where the Seizure was made.
(2) Within ten days from the time the prosecuting attorney receives the notice he shall institute condemnation proceedings by petition, a copy of which shall be served upon the owner or lessee, if known, and, if the owner or lessee is unknown, notice of the proceedings shall be published once a week for two weeks in the newspaper in which the sheriff's advertisements are published.
(3) If no defense is filed within 30 days from the filing of the petition, judgment by default shall be entered by the court at chambers. Otherwise, the case shall proceed as other civil cases in the court.
(4) Should it appear upon the trial of the case that said vehicle, conveyance, boat, or vessel was so used with the knowledge of the owner or lessee, it shall be sold by order of the court after such advertisement as the court may direct.
(5) The proceeds arising from a sale as provided in this subsection shall be applied as follows:
(A) To the payment of the expenses in the case, including the expenses incurred in the seizure.
(B) One-third of the remainder to the officer making the seizure and furnishing the proof except that, if the officer fails or refuses to report the seizure to the proper prosecuting officer within ten days from the date of the seizure, he shall not be entitled to any of the proceeds of such sale. Any citizen of this state having knowledge of the facts may report a seizure at the end of the period of ten days, upon the failure of the officer making the seizure to do so, to the proper prosecuting officer. Upon any such report, the prosecuting officer shall

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proceed as directed in paragraph (b)(2) and all of the proceeds of the sale to which the officer would otherwise have been entitled shall inure to the public school fund of the county in which the seizure was made.
(C) To the payment or the costs of the court which shall be the same as allowed by law in cases of forfeiture of recognizance.
(D) The remainder, if any, shall be paid into the county treasury to be held as a separate fund to be paid out under order of the court as insolvent costs in other cases arising from the violation of any of the provisions of this chapter, except that, in any county in which any of the officers of either the county, city, or superior courts are now on a salary, the remainder of the funds applicable to the payment of insolvent costs of such officer or officers shall be retained in the general fund of and become the property of such county.
(c) Where the owner or lessee of any property seized for purposes of condemnation absconds or conceals himself so that actual notice of the condemnation proceeding cannot be served upon him, he shall be served by publication as provided for in this section in the case of an unknown owner or lessee.
(d) (1) All proceedings against any vehicle, conveyance, boat, or vessel, for the purpose of condemnation, shall be proceedings in rem against the property seized. The property shall be described only in general terms, and it is no ground for defense that the person who had the property in possession at the time of its illegal use and seizure had not been convicted of such violation.
(2) Any party at interest may appear, by answer under oath, and make defense. The owner or lessee shall be permitted to defend by showing that the property seized, if used illegally by another, was used without the knowledge, connivance, or consent, express or implied, of the owner or lessee and by showing also that the property

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seized, if a motor vehicle, was legally registered with the department in the true name and address of the owner, or his predecessor in title, unless the vehicle is a new vehicle bought from a dealer within 30 days of the time of seizure. The holder of any bona fide lien on the property so seized shall be protected to the full extent of his lien if the holder shows that the illegal use of the property was without his knowledge, connivance, or consent, express or implied.
(e) The court to whom a petition for condemnation is referred, in its discretion, may allow any party at interest to give bond and take possession of the vehicle seized. In such cases, the court shall determine whether the bond shall be a forthcoming bond or an eventual condemnation money bond and shall also determine the amount of the bond. The enforcement of any bond so given shall be regulated by the general law applicable to such cases.
(f) The court may permit a settlement between the parties at any stage of the proceeding by permitting the value of the vehicle or the value of the equity in the vehicle, as determined by the court, to be paid into court. Money so paid shall be distributed as provided by law in all cases of condemnation.
(g) The agency, state, county, or municipality seizing any contraband article may use any vessel, vehicle, aircraft, or other conveyance for covert police activity for a period up to 60 days prior to the sale of the vessel, vehicle, aircraft, or other conveyance, except that no vessel, vehicle, aircraft, or other conveyance shall be utilized for covert police activity prior to final judicial adjudication of lawful seizure.
5A-7114. Raw materials illegally used declared contraband; seizure; disposition, (a) Any raw materials or substances including, but not limited to, sugar of any grade or type and any fixture, implement, or apparatus intended for use in the unlawful distilling or manufacturing of any distilled spirits are declared to be contraband.
(b) No person shall have any property right in or to any contraband specified in subsection (a).

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(c) Whenever any property used or about to be used as specified in subsection (a) is found or discovered, whether in transit, in storage, or at a site of such unlawful distillation or manufacture, by any sheriff, deputy sheriff, revenue agent, or any other law enforcement officer, it is declared forfeited and shall be subject to the following dispositions, or any of them:
(1) When found or discovered at a site of unlawful distillation or manufacture, it may be summarily destroyed and rendered useless by any of the officers named in this subsection without any formal order of the court or, in the event any of the raw materials or substances are fit for human consumption or if any of the fixtures, implements, or apparatus are of any beneficial use to the educational authorities of the county for use in any of their educational programs, they may be delivered to the public schools of the county in which seized for use in the schools. When any of the foregoing items are delivered to a public school system, the officer delivering the items shall obtain from the appropriate school authorities an itemized receipt detailing all such items delivered to the system. In the event any of the foregoing items are destroyed by any such law enforcement officer, he shall execute an affidavit of such fact in which he shall list all such items destroyed by him. The receipts and affidavits shall be maintained by the officer and shall be open to inspection by the public upon request.
(2) When found or discovered in transit or in storage by any of the officers named in this subsection, the property shall be seized by the officer and the procedures of notice, condemnation, and sale provided in Section 5A7112, applicable to vehicles and conveyances, shall be followed.
PART VII Crimes
CHAPTER 5A-99 In General
5A-9901. Violation of provisions of Chapter 5A-5, relating to regulatory provisions applicable to alcoholic beverages gener-

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ally, (a) It is unlawful for any person, knowingly and intentionally, to violate any prohibition contained in Chapter 5A-5.
(b) Except as otherwise provided in this chapter, any person violating any prohibition contained in Chapter 5A-5 is guilty of a misdemeanor and, upon conviction of the violation, shall be punished as for a misdemeanor.
5A-9902. Unlawful distillation, manufacture, making, transporting, shipping, receiving, or possessing of alcoholic beverages pursuant to Code Section 5A-513; penalties. (a) It is unlawful for any person, knowingly and intentionally, to violate any provisions of Code Section 5A-513, relating to prohibition of distillation, manufacture, making, transporting, shipping, receiving, or possessing of alcoholic beverages.
(b) Any person violating the provisions of:
(1) Paragraph (1) of subsection (a) of Code Section 5A-513 is guilty of a felony and, upon conviction of the violation, shall be sentenced to not less than one year nor more than five years' imprisonment.
(2) Paragraphs (2) through (8) of subsection (a) of Code Section 5A-513 is guilty of a misdemeanor and, upon conviction of the violation, shall be punished as for a misdemeanor.
5A-9903. Violation of provisions of Code Chapter 5A71, relating to provisions applicable only in dry political subdivisions; penalty, (a) It is unlawful for any person, knowingly and intentionally, to violate any prohibition contained in Code Chapter 5A-71, relating to provisions applicable only in dry political subdivisions.
(b) Any person violating any prohibition contained in Code Chapter 5A-71 is guilty of a misdemeanor and, upon conviction of the violation, shall be punished as for a misdemeanor.
5A-9904. Violations of other criminal provisions of Title 5A; penalty, (a) It is unlawful for any person, knowingly and intentionally, to violate any criminal prohibition contained in this title.

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(b) Except as otherwise provided in this chapter, any person violating any criminal prohibition contained in this title is guilty of a misdemeanor and, upon conviction of the violation, shall be punished as for a misdemeanor."
Section 2. "Administrative Procedure Act" amended. An Act known as "The Georgia Administrative Procedure Act," approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended, particularly by an Act approved April 14, 1975 (Ga. Laws 1975, p. 404), is hereby amended by striking from subsection (a) of Section 2 thereof the following:
"the regulation of liquor and alcoholic beverages,",
so that when so amended subsection (a) of Section 2 shall read as follows:
"(a) `Agency' means each State board, bureau, commission, department, activity or officer authorized by law expressly to make rules and regulations or to determine contested cases except the General Assembly, the judiciary, the Governor, the Board of Pardons and Paroles, the State Board of Probation, the Board of Bar Examiners, the Board of Corrections and its penal institutions, the State Board of Workers' Compensation, all Public Authorities, the State Personnel Board (Merit System), the State Supervisor of Purchases (Purchasing Department), or any school, college, hospital or other such educational, eleemosynary or charitable institution, or any agency when its action is concerned with the military or naval affairs of this State."
Section 3. Transition provision. Repeal by this Act of any law or part of a law shall not affect, abrogate, or abate (a) any right accrued or vested, (b) any liability for tax, penalty, or interest incurred, (c) any record keeping, reporting, filing, remitting, or other duty or requirement associated with taxes imposed, (d) any taxing authority's power to assess and collect any tax liability incurred, (e) any action or proceeding commenced, (f) any unlawful act committed, under any of such repealed laws while such laws were in effect, or (g) any authority for or prohibition on the sale, manufacture, or distribution of alcoholic beverages in any political subdivision of this state as such authority or prohibition existed on the effective date of this Act.

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Section 4. Certain laws not repealed. In the event that, prior to the effective date of this Act, the General Assembly shall amend any law so as to change the age at which any person may purchase, possess, consume, or be sold any alcoholic beverage or to change the time or days upon which any alcoholic beverages may or may not be purchased or sold, the provisions of this Act shall not be construed so as to repeal such change and such change shall supersede the provisions of Title 5A as created by this Act to the extent of any conflict.
Section 5. Severability. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 6. Effective date. This Act shall become effective July 1, 1981.
Section 7. Specific repealer. The following laws are hereby repealed in their entirety:
(a) Code Title 58, as amended, relating to intoxicating liquors.
(b) An Act to provide for license and excise tax upon the business of dealing in malt beverages; to allocate funds derived from such taxes; to provide for the enforcement of this Act; to provide for the holding of an election to ratify or reject this Act, approved March 23, 1935 (Ga. Laws 1935, p. 73), as amended, particularly by an Act approved March 30, 1937 (Ga. Laws 1937, p. 148), an Act approved December 13, 1937 (Ga. Laws 1937-38,, Ex. Sess., p. 173), an Act approved March 24, 1939 (Ga. Laws 1939, p. 101), an Act approved July 30, 1949 (Ga. Laws 1949, Ex. Sess., p. 5), an Act approved February 20, 1951 (Ga. Laws 1951, p. 356), an Act approved June 22, 1955 (Ga. Laws 1955, Ex. Sess., p. 23), an Act

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approved January 30, 1964 (Ga. Laws 1964, p. 60), an Act approved April 8, 1968 (Ga. Laws 1968, p. 1142), an Act received by the Governor March 20, 1968 (Ga. Laws 1968, p. 1441), an Act approved March 21, 1970 (Ga. Laws 1970, p. 597), an Act approved April 5, 1971 (Ga. Laws 1971, P- 571), an Act approved April 10, 1971 (Ga. Laws 1971, p. 817), an Act approved February 26, 1973 (Ga. Laws 1973, p. 14), an Act approved April 1, 1974 (Ga. Laws 1974, p. 1447), an Act approved April 24, 1975 (Ga. Laws 1975, p. 1210), an Act approved February 27, 1976 (Ga. Laws 1976, p. 282), an Act approved March 18, 1976 (Ga. Laws 1976, p. 476), an Act approved March 18, 1976 (Ga. Laws 1976, p. 508), an Act approved March 30, 1977 (Ga. Laws 1977, p. 1154), an Act approved April 3, 1978 (Ga. Laws 1978, p. 1124), and an Act approved April 3, 1978 (Ga. Laws 1978, p. 1426).
(c) An Act to promote temperance and prosperity for Georgia; to foster and encourage the growing of grapes, fruits and berries on Georgia farms; to legalize the making of light domestic wines; to exempt from all taxation wine made from crops of grapes, fruits, and berries, whether wild or cultivated, by producers in Georgia of such crops, and to provide for an election to ratify or reject this Act, approved March 23, 1935 (Ga. Laws 1935, p. 492), as amended, particularly by an Act approved March 30, 1937 (Ga. Laws 1937, p. 851), an Act approved February 16, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 185), an Act approved March 27, 1941 (Ga. Laws 1941, p. 234), an Act approved March 27, 1947 (Ga. Laws 1947, p. 1178), an Act approved July 30, 1949 (Ga. Laws 1949, Ex. Sess., p. 5), and an Act approved February 20, 1951 (Ga. Laws 1951, p. 356).
(d) An Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors," approved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as amended, particularly by an Act approved March 27, 1941 (Ga. Laws 1941, p. 199), an Act approved January 30, 1964 (Ga. Laws 1964, p. 62), an Act received by the Governor March 3, 1964 (Ga. Laws 1964, p. 771), an Act approved March 31, 1965 (Ga. Laws 1965, p. 451), an Act approved March 12, 1968 (Ga. Laws 1968, p. 287), an Act received by the Governor March 20, 1968 (Ga. Laws 1968, p. 1443), an Act received by the Governor March 12. 1969 (Ga. Laws 1969, p. 1140), an Act approved March 10, 1972 (Ga. Laws 1972, p. 207), an Act approved February 26, 1973 (Ga. Laws 1973, p. 12), an Act

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approved April 13, 1973 (Ga. Laws 1973, p. 613), an Act approved March 21, 1974 (Ga. Laws 1974, p. 615), an Act approved March 26, 1974 (Ga. Laws 1974, p. 1034), an Act approved March 28, 1974 (Ga. Laws 1974, p. 1125), an Act approved April 18, 1975 (Ga. Laws 1975, p. 607), an Act approved March 5, 1976 (Ga. Laws 1976, p. 368), an Act approved March 24, 1976 (Ga. Laws 1976, p. 692), an Act approved March 31, 1976 (Ga. Laws 1976, p. 990), an Act approved April 7, 1976 (Ga. Laws 1976, p. 1715), an Act approved March 23, 1977 (Ga. Laws 1977, p. 791), an Act approved March 30, 1977 (Ga. Laws. 1977, p. 1154), an Act approved April 3, 1978 (Ga. Laws 1978, p. 1376), an Act approved April 3, 1978 (Ga. Laws 1978, p. 1426), an Act approved April 3, 1978 (Ga. Laws 1978, p. 1645), and an Act approved April 13, 1979 (Ga. Laws 1979, p. 923).
(e) Section 2 of an Act to amend a general tax Act, approved March 28, 1935 (Ga. Laws 1935, p. 11), approved February 16, 1938 (Ga. Laws 1938, p. 175).
(f) An Act entitled "An Act to amend an Act entitled, `An Act to promote temperance and prosperity for Georgia people; to foster and encourage the growing of grapes, fruits and berries on Georgia farms; to legalize the making of light domestic wines; to exempt from all taxes wines made from crops of grapes, fruits and berries whether wild or cultivated by producers in Georgia of such crops and to provide for the holding of an election to ratify or reject this Act; and for other purposes'; approved March 23, 1935, and contained on pages 492 to 494 of the Acts of the General Assembly of 1935; by striking certain words and sections from said Act; by legalizing the making and manufacturing and selling of domestic and foreign wines; by defining domestic and foreign wines; by providing for licensing of retail and wholesale dealers and wineries; by providing for a license tax on all dealers, manufacturers and wineries, and a tax on all wines manufactured or sold; by providing for the confiscation and destruction of wines manufactured, possessed or sold contrary to the provisions of this Act; by prohibiting the sale of wine on the Sabbath day, and to provide a penalty for the violation of this provision; by allocating the revenue derived under this Act; by providing for rules and regulations for the enforcement of this Act; by providing a separability clause, and for the repeal of all laws in conflict with this Act; and for other purposes.", approved March 30, 1937 (Ga. Laws 1937, p. 851), as amended, particularly

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by an Act approved February 16, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 185), an Act approved March 27, 1941 (Ga. Laws 1941, p. 234), an Act approved March 27, 1947 (Ga. Laws 1947, p. 1178), an Act approved July 30, 1949 (Ga. Laws 1949, Ex. Sess., p. 5), an Act approved February 20, 1951 (Ga. Laws 1951, p. 356), an Act approved June 22, 1955 (Ga. Laws 1955, Ex. Sess., p. 22), and an Act approved March 30, 1977 (Ga. Laws 1977, p. 1154).
(g) An Act to prohibit the sale of wine or beer at a distance of one hundred yards of any school building or school house in this State, approved March 9, 1945 (Ga. Laws 1945, p. 447).
(h) An Act to further regulate the sales and delivery of malt beverages, approved February 15, 1950 (Ga. Laws 1950, p. 185).
(i) An Act to provide for the manner in which licenses granted by the State of Georgia, or by any other duly authorized licensing authority, authorizing the manufacture of malt beverages may be revoked and renewed, approved March 9, 1955 (Ga. Laws 1955, p. 657).
(j) An Act making it unlawful for any person to employ in any capacity whatsoever a person under eighteen years of age in any place where liquor, beer, wine or alcoholic beverages of any kind are sold or offered for sale, approved March 25, 1958 (Ga. Laws 1958, p. 640), as amended, particularly by an Act approved March 7, 1966 (Ga. Laws 1966, p. 237), an Act approved March 21, 1974 (Ga. Laws 1974, p. 460), and an Act approved March 5, 1976 (Ga. Laws 1976, p. 409).
(k) An Act to authorize special agents and enforcement officers of the Revenue Department, in the enforcement of the liquor, wine and beer laws of this State, to bear arms, make arrests, execute warrants for arrest, investigate and execute search warrants, and seize and hold articles of contraband, approved March 15, 1963 (Ga. Laws 1963, p. 135), as amended, particularly by an Act approved April 3, 1978 (Ga. Laws 1978, p. 1490).
(l) An Act to provide that it shall be unlawful for minors to purchase any alcoholic, spirituous, malt or intoxicating liquors or

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beverages; to provide that it shall be unlawful for a minor to misrepresent his age for the purpose of obtaining any such liquors or beverages; to provide that it shall be unlawful to knowingly act as an agent to purchase or acquire any such liquors or beverages for or on behalf of a minor, approved April 18, 1967 (Ga. Laws 1967, p. 797).
(m) An Act entitled "An Act to amend the alcoholic beverages laws and the election laws of Georgia so as to provide the definition of an election day; to provide that the prohibition against the giving or furnishing of intoxication beverages to any person on election days shall apply only to the territorial boundaries for which the election is being held; to provide for all matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.", approved March 31, 1972 (Ga. Laws 1972, p. 721).
(n) An Act to provide that any county or municipal corporation presently or hereafter operating a public golf course and offering for retail sale food or drink as an incident thereto, may, in its discretion, also sell at retail as an incident to the operation of such golf course, malt beverages by the drink, or may refuse to sell malt beverages, approved March 21, 1974 (Ga. Laws 1974, p. 587).
(o) An Act to authorize municipal corporations and counties to levy and impose certain excises taxes; to provide procedures connected therewith; to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act," approved February 20, 1951 (Ga. Laws 1951, p. 360), approved March 23, 1977 (Ga. Laws 1977, p. 744).
(p) An Act to provide that in each consolidated government of this State within the limits of which the sale of alcoholic beverages, distilled spirits, malt beverages and wines is lawfully authorized, such sales for consumption on the premises shall be authorized during certain hours, approved April 5, 1977 (Ga. Laws 1977, p. 1236).
(q) An Act to provide that the Commissioner of Revenue shall have authority to license and regulate the sale of all alcoholic beverages in bona fide private clubs in this State; to define the term "club" for licensing purposes; to provide license fees equal to those

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required of public licensed places of business; to provide for the payment of local excise taxes; to provide for the collection of such taxes; to provide for all matters relative to the foregoing; to authorize the governing authority of any county or municipality to approve the sale of alcoholic beverages subject to an election to determine whether or not such sales shall be allowed; to provide for an election by petition to determine whether or not such sales shall be allowed; to provide that the governing authorities of the political subdivision concerned shall be authorized to conduct a special referendum election for the purpose of nullifying the previous elections at the expiration of two years from the date of the previous election; to provide for practices and procedures, approved March 27, 1978 (Ga. Laws 1978, p. 1155).
(r) An Act to penalize the possession of malt beverages and wine in all counties of the State of Georgia having a population of not more than 7,044 and not less than 7,040, approved March 26, 1947 (Ga. Laws 1947, p. 820).
(s) An Act to penalize the possession of malt beverages and wine in all counties of the State of Georgia having a population of not more than 15,083 and not less than 15,085, approved February 8, 1950 (Ga. Laws 1950, p. 2061).
(t) An Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors," approved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as amended, particularly by an Act which became effective without the signature of the Governor (Ga. Laws 1964, p. 771), so as to authorize the sale of distilled spirits or alcoholic beverages for beverage purposes on the premises in certain counties and municipalities, approved March 10, 1966 (Ga. Laws 1966, p. 340), as amended by an Act which became effective without the signature of the Governor (Ga. Laws 1969, p. 1146).
(u) Section 2 of an Act to amend an Act relating to license and excise taxes upon the business of dealing in malt beverages, approved April 9, 1973 (Ga. Laws 1973, p. 328). This law specifies that certain proceeds of the tax are to be used for construction of a coliseum or civic center.

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(v) An Act to provide that in all municipalities of this State having a population of 400,000 or more according to the United States Decennial Census of 1970 or any future such census, wherein the sale of alcoholic beverages, distilled spirits, malt beverages and wines is lawfully authorized, such sales for consumption on the premises shall be authorized during certain hours, approved April 13, 1973 (Ga. Laws 1973, p. 2678).
(w) An Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors," approved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as amended, particularly by an Act which became effective without the signature of the Governor (Ga. Laws 1964, p. 771), so as to authorize the sale of distilled spirits and alcoholic beverages for consumption on the premises in certain counties and municipalities, approved March 21, 1974 (Ga. Laws 1974, p. 2488), as amended by an Act approved April 11, 1979 (Ga. Laws 1979, p. 510).
(x) An Act to provide that in all counties of this state having a population of not less than 145,000 nor more than 165,000, according to the United States Decennial Census of 1970, or any future such census and in all municipalities located therein, wherein the sale of alcoholic beverages, distilled spirits, malt beverages or wines is lawfully authorized, such sales for consumption shall be authorized during certain hours, approved March 25, 1975 (Ga. Laws 1975, p. 2806).
(y) An Act to provide that in all counties of this state having a population of not less than 180,000 and not more than 190.000 according to the United States Decennial Census of 1970 or any future such census, and in certain municipal corporations located within such counties, wherein the sale of alcoholic beverages, distilled spirits, malt beverages and wines is lawfully authorized, such sales for consumption on the premises shall be authorized during certain hours, approved April 17, 1975 (Ga. Laws 1975, p. 3128).
(z) An Act to provide that in all counties of this State having a population of not less than 400,000 and not more than 600.000 according to the United States Decennial Census of 1970 or any future such census, wherein the sale of alcoholic beverages, distilled spirits, malt beverages and wines is lawfully authorized, such

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sales for consumption on the premises shall be authorized during certain hours, approved April 24, 1975 (Ga. Laws 1975, p. 4535).
(aa) An Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors," approved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as amended, particularly by an Act approved March 10, 1972 (Ga. Laws 1972, p. 207), so as to authorize the sale of distilled spirits, malt beverages or wine during certain hours in certain establishments on Sundays in all municipalities in this State having populations of not less than 300,000, approved February 27, 1976 (Ga. Laws 1976, p. 2722).
(bb) An Act to provide that in all counties of this state having a population of not less than 100,000 and not more than 150,000, according to the United States Decennial Census of 1970 or any future such census, and in certain municipal corporations located within such counties, wherein the sale of alcoholic beverages, distilled spirits, malt beverages and wines is lawfully authorized by ordinance of the governing body of such county or municipality, whichever is applicable, such sales for consumption on the premises shall be authorized in certain establishments during certain hours, approved March 23, 1977 (Ga. Laws 1977, p. 560).
(cc) An Act to provide that in certain counties wherein the sale of alcoholic beverages, distilled spirits, malt beverages and wine is lawfully authorized, such sale for consumption on the premises shall be authorized during certain hours, approved March 23, 1977 (Ga. Laws 1977, p. 843).
(dd) An Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors," approved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as amended, particularly by an Act approved March 10, 1972 (Ga. Laws 1972, p. 207), so as to authorize the sale of distilled spirits, malt beverages or wine during certain hours and certain establishments on Sundays in certain counties of this State, approved March 23, 1977 (Ga. Laws 1977, p. 844).
(ee) An Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors," approved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103),

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as amended, so as to provide that the governing authority of certain counties and municipalities may authorize the sale of distilled spirits, malt beverages and wine for consumption only on the premises in certain eating establishments on Sundays, approved March 14, 1978 (Ga. Laws 1978, p. 932).
(ff) An Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors," approved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as amended, so as to authorize the sale of alcoholic beverages and liquors for consumption on the premises in certain clubs located in certain counties and municipalities, approved April 3, 1978 (Ga. Laws 1978, p. 1550).
(gg) An Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors," approved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as amended, particularly by an Act which became effective without the signature of the Governor (Ga. Laws 1964, p. 771), so as to authorize the sale of distilled spirits or alcoholic beverages for beverage purposes on the premises in certain counties and municipalities, approved April 3, 1978 (Ga. Laws 1978, p. 1562).
(hh) An Act to provide that any person otherwise authorized to sell malt beverages, wine or alcoholic beverages by the drink under the laws of this State and the applicable ordinances of the counties of this State having a population of not less than 200,000 and not more than 600,000, according to the United States Decennial Census of 1970, or any future such census, shall be authorized to sell and serve malt beverages, wine and alcoholic beverages by the drink from 4:00 p.m. until midnight on Sundays in each such county in any licensed establishment which derives at least 50% of its total annual gross food and beverage sales from the sale of prepared meals or food in all of the combined retail outlets of the individual establishment where food is served and in any licensed establishment which derives at least 50% of its total annual gross income from the rental of rooms for overnight lodging, approved March 5, 1976 (Ga. Laws 1976, p. 2809), as amended by an Act approved March 16, 1978 (Ga. Laws 1978, p. 3903).
(ii) An Act to amend an Act providing license and excise taxes upon the business of dealing in malt beverages, approved

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March 23, 1935 (Ga. Laws 1935, p. 73), as amended, so as to provide that coliseum authorities in certain counties may sell malt beverages as an incident to the operation of certain of their lawful projects, approved March 5, 1979 (Ga. Laws 1979, p. 349).
(jj) An Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors," approved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as amended, so as to provide that the governing authority of certain counties and municipalities may authorize the sale of distilled spirits, malt beverages, and wine for consumption only on the premises in certain eating establishments on Sunday, approved March 5, 1979 (Ga. Laws 1979, p. 351).
(kk) An Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors," approved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as amended, particularly by an Act approved March 31, 1965 (Ga. Laws 1965, p. 451), so as to provide for measurement in a straight line from property line to property line between businesses selling alcoholic beverages and churches or schools in certain counties, approved April 13, 1979 (Ga. Laws 1979, p. 929).
Section 8. General repealer. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved April 8, 1980.

GUARDIANS OF INCAPACITATED ADULTS.
Code Section 24-1716 Amended, Code Title 49 Amended, Code Section 79-209 Repealed.
No. 1395 (House Bill No. 1406). AN ACT
To amend Code Title 49, relating to guardians and wards, as amended, so as to revise, modernize, and supersede Code Chapter

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49-6, relating to guardians of insane persons or persons otherwise mentally incapable of managing their estates; to provide for the appointment of guardians of incapacitated adults; to provide for whom guardians may be appointed; to provide for the selection of guardians; to provide for preferences; to provide for the powers and duties of guardians of the person and property of an incapacitated adult; to provide for the procedure for appointment of a guardian; to provide for petitions; to provide for initial findings and orders; to provide for evaluations and reports; to provide for probable cause and reviews; to provide for hearings; to provide for orders; to provide for retention and protection of rights; to provide for emergency guardians; to provide for modification or termination of guardianships; to provide for second petitions or applications; to provide for appeals; to repeal Code Section 79-209, relating to citizenship rights of insane persons; to amend Code Section 24-1716, relating to probate court costs, as amended, particularly by an Act approved April 5, 1978 (Ga. Laws 1978, p. 1939), so as to change certain provisions relating to fees and costs; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Title 49, relating to guardians and wards, as amended, is hereby amended by striking Code Chapter 49-6, relating to guardians of insane persons or persons otherwise mentally incapable of managing their estates, in its entirety and substituting in lieu thereof a new Code Chapter 49-6 to read as follows:
"CHAPTER 49-6 Guardians of Incapacitated Adults
49-601. For whom guardians may be appointed. A probate judge may appoint guardians for adult persons 18 years of age or older or their estates, or both, as follows:
(a) A probate judge may appoint guardians over the person of adults who are incapacitated by reason of mental illness, mental retardation, mental disability, advanced age, physical illness or dis-

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ability, chronic use of drugs or alcohol, or other cause to the extent that such adults lack sufficient understanding or capacity to make significant responsible decisions concerning their persons or to the extent that they are incapable of communicating them.
(b) A probate judge may appoint guardians over the property of adults who are incapacitated by reason of mental illness, mental retardation, mental disability, advanced age, physical illness or disability, chronic use of drugs or alcohol, detention by a foreign power, disappearance, or other cause to the extent that such adults are incapable of managing their estates and that such appointment is necessary because such property will be either wasted or dissipated unless proper management is provided, or such property is needed for the support, care, or well-being of such adults or those entitled to be supported by such adults.
49-602. Selection of guardian; preferences, (a) Any person not otherwise disqualified may be appointed guardian of the person or property, or both, of an incapacitated adult.
(b) The following preferences must be considered by the court in selecting a guardian; however, for good cause shown, in writing, the court may pass over a person having a preference and appoint a person having a lower preference or no preference or, in appointing a property guardian, may appoint a corporation having general trust powers if the court finds such person or corporate fiduciary to be substantially more qualified and such appointment to be clearly in the best interests of the ward. In determining whether to depart from the preferences below, the court shall consider all relevant factors, including the ability of the person to perform the duties of the guardian under this Chapter and the period of time elapsed since any person was nominated by the prospective ward or another.
(c) Persons who are not disqualified have preference in the following order:
(1) An individual nominated by the incapacitated adult prior to the filing of the petition for a finding of incapacity if at the time of nomination the incapacitated adult was 18 or more years of age and had, in the opinion of the court, sufficient mental capacity to make an intelligent choice. The nomination

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must be in writing, signed by such adult, attested by at least two witnesses, and have not been revoked by a later writing signed by such adult and attested by at least two witnesses.
(2) The spouse of the incapacitated person.
(3) An adult child of the incapacitated person.
(4) A parent of the incapacitated person or, if none, a person nominated by will or other writing signed by a deceased parent and attested by at least two witnesses, whichever instrument is later.
(5) A guardian of a minor child upon the child's reaching majority in the event he is then adjudicated as incapacitated within the meaning of this chapter; a guardian of the person in the event of an application for guardian of the property, or a guardian of the property in the event of an application for guardian of the person.
(6) A relative or other person who has provided care for the incapacitated person and with whom the incapacitated person has resided for a significant period prior to the time of application.
(7) Other persons such as relatives; persons nominated by a spouse, adult child, parent, or guardian; or private persons providing income or other care to the incapacitated person.
(d) (1) If no other person is available to be the guardian of the person of the ward, the judge may appoint the director of the department of family and children's services of the county of the residence of such person or the county where such person is being cared for as guardian of the person. The director of the county department of family and children's services may delegate his duties as guardian to responsible employees of the department. The director or his duly appointed delegatee is hereby authorized to take the oath of guardianship before the judge of the probate court of Fulton County or before the judge of the probate court making the appointment of guardianship. In those cases where in the opinion of the probate judge it would be inappropriate for the director to serve as guardian of the

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person, a guardian of the person may be appointed as provided by Code Section 49-109.
(2) If no other person is available to be the guardian of the property, the judge may appoint the county guardian.
(e) No person may be appointed as guardian who is a minor, has been adjudged incapacitated under this chapter, refuses to serve as guardian, or has a conflict of interest, except that a person with a conflict of interest may be appointed if the court determines that the conflict of interest is insubstantial and that the appointment clearly would be in the proposed ward's best interest.
49-603. Powers and duties of the guardian of the person of an incapacitated adult, (a) Subject to the provisions of this section, guardians of the person of incapacitated adults appointed under this chapter shall have those rights and powers reasonably necessary to provide adequately for the support, care, education, and well-being of the ward and to perform all other duties imposed by this chapter on such guardians.
(b) The guardian of the person:
(1) Shall respect and maintain the individual rights and dignity of the ward at all times;
(2) Is entitled to custody of the person of his ward and may establish the ward's place of abode within or without this state to the extent that it is consistent with the terms of any order by a court of competent jurisdiction relating to detention or commitment of the ward;
(3) Shall make arrangements, from funds available from the ward's estate or third parties, for the support, care, wellbeing, and appropriate habilitation, training, and education of his ward in the least restrictive environment, considering the needs and resources of the ward;
(4) Shall be reasonably accessible to his ward and shall maintain regular contact or communication with his ward;
53

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(5) Shall take reasonable care of clothing, furniture, vehicles, and other personal effects of the ward which are with the ward;
(6) May participate in such legal proceedings, in the name of the ward, as are appropriate for the support, care, education, or well-being of the ward;
(7) Shall petition the court for the appointment of a guardian ad litem for the ward wherever, in any legal proceeding, the interest of the ward could be adverse to that of the guardian;
(8) Subject to the provisions of the `Voluntary Sterilization Act,' approved March 24, 1970 (Ga. Laws 1970, p. 683), and of Code Chapter 88-29, known as the `Georgia Medical Consent Law,' and of any other pertinent law, as now or hereafter amended, may give any consents or approvals that may be necessary to enable the ward to receive medical or other professional care, counsel, treatment, or service;
(9) Except as otherwise provided by law, shall not personally be liable to third parties for the acts of his ward solely because of the existence of the guardian-ward relationship;
(10) Within four months after appointment and within two months after each anniversary date of appointment, shall file with the probate court a personal status report concerning his ward which shall include:
(A) A specific description by the guardian of the ward's general condition, living situation, progress, development, and needs;
(B) Recommendations for any alteration in the guardianship order.
(c) In its order of appointment or subsequent orders, the probate court may limit any powers granted to the guardian of the person under this chapter; in subsequent orders the court may impose any additional duties upon such guardian which under this chapter could have been, but were not, imposed by any earlier order of the court.

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49-604. Guardians of the property. The guardian of the property of the adult ward shall:
(1) Give a like bond as required by law for guardians of the property of minors;
(2) Have such powers, duties, compensations, and liabilities as are set out in the following laws to the extent not inconsistent with this chapter:
(A) Code Sections 49-203 through 239;
(B) Code Chapter 49-3;
(C) An Act authorizing fiduciaries to invest in school bonds, approved February 23, 1939 (Ga. Laws 1939, p. 366);
(D) Section 19 of an Act amending Code Title 49 and providing for guardian's inventories, approved March 25, 1958 (Ga. Laws 1958, p. 673);
(E) An Act relating to reports and accounts of fiduciaries, approved March 20, 1943 (Ga. Laws 1943, p. 409).
49-605. Support of dependents. A guardian of the property and a guardian of the person shall provide for the necessary support, care, or well-being of such persons as are entitled to be supported by the ward to the extent consistent with the needs of the ward and the resources of the ward's estate.
49-606. Procedure for appointment of a guardian, (a) (1) Any interested person or persons, including the alleged incapacitated person, and including the Department of Human Resources in the case of an allegedly incompetent person who is receiving services from the department or who the department believes to be eligible for such services, may file a petition under oath for the appointment of a guardian with the probate court in the county where the alleged incapacitated person resides or is found, except that the probate court of the county where the ward is found shall not have jurisdiction to hear any guardianship petition if it appears that the alleged ward was removed to that county solely for the purposes of filing such an action.

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(2) The petition for the appointment of a guardian shall set forth:
(A) The name, age, address, and county of residence of the proposed ward, if known;
(B) The name, address, and county of residence of the petitioner;
(C) The relation of the petitioner to the proposed ward;
(D) A statement of the reasons the proposed guardianship is sought, including the facts which support the claim of incapacity;
(E) The type of and any foreseeable limits on duration of guardianship sought;
(F) The names and addresses of the spouse and all adult children who are living and whose addresses are known; or if none, then the names and addresses of the two next of kin who are living and whose addresses are known; or if only one next of kin, then that one; or if none, then the names and addresses of two adult friends;
(G) The names and addresses of the representatives of the alleged incompetent, if appointed under Code Chapter 88-4, 88-5, or 88-25 and known to petitioner;
(H) All known income and assets of the proposed ward;
(I) The name and address of any person or persons nominated by the petitioner or petitioners to serve as guardian and whether such person or persons have consented or will consent to serve as guardian.
(3) In all cases except those sworn to by two or more petitioners under oath and except those of detention by a foreign power or disappearance, the petition shall be supported by an affidavit of a physician licensed to practice under Section 84-

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907 or of an applied psychologist licensed to practice under Chapter 84-31 stating that he has examined the proposed ward within ten days prior to the filing of the petition and that based on such examination the proposed ward was determined:
(A) To be incapacitated by reason of mental illness, mental retardation, mental disability, advanced age, physical illness or disability, chronic use of drugs or alcohol, or other cause to the extent that such person lacked sufficient understanding or capacity to make significant responsible decisions or the ability to communicate such decisions concerning his person; or
(B) To be incapacitated by reason of mental illness, mental retardation, mental disability, advanced age, physical illness or disability, chronic use of drugs or alcohol, or other cause to the extent that such person is incapable of managing his estate; or
(C) Both (A) and (B) above.
(4) In addition to stating the specific incapacity of the proposed ward and the facts which support the determination, such affidavit shall state any foreseeable limits on the duration of such incapacity.
(b) (1) Upon the filing of the petition, the probate judge shall review the petition and affidavit, if any, and determine whether there is sufficient evidence to believe that the proposed ward is incapacitated within the meaning of Section 49-601.
(2) If the probate judge determines that there is such evidence, the judge shall:
(A) Immediately notify the proposed ward of the proceedings by personal service of all pleadings on the proposed ward by an officer of the court;
(B) Inform the proposed ward of the place and time at which the proposed ward shall submit to the evaluation provided for by subsection (c) of this section and of the right to independent counsel and that the court will appoint counsel

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within two days unless the proposed ward indicates that he has retained counsel by that time;
(C) Give notice of the petition by first-class mail to the spouse and all adult children of the proposed ward whose addresses are known; or if none, order notice of the petition by first-class mail to the two next of kin whose addresses are known, or if only one, then that one; or if none, order notice of the petition by first-class mail to two adult friends of the ward;
(D) Upon application of any interested person or on the court's own motion, consider whether to appoint a guardian ad litem; but the decision as to whether to appoint a guardian ad litem shall be in the sole discretion of the probate judge;
(E) Appoint a guardianship evaluation physician or psychologist as provided in Section 49-606(c).
(3) If the probate court determines that there is insufficient evidence to believe that the proposed ward is incapacitated within the meaning of Section 49-601, the judge shall dismiss the petition and provide the proposed ward with a copy of such petition, affidavit, and order of dismissal.
(c) (1) The court shall, if the petition is not dismissed under paragraph (b)(3) of this section, appoint an evaluation physician or psychologist who shall be a physician licensed to practice under Section 84-907 or an applied psychologist licensed to practice under Chapter 84-31, other than the physician or psychologist who completed an affidavit attached to the petition pursuant to Section 49-606(a)(3).
(2) The physician or psychologist shall evaulate the proposed ward.
(3) The physician or psychologist shall explain the purpose of the evaluation to the ward. The proposed ward may remain silent but any statements made during the evaluation shall be privileged but shall be competent evidence only in a proceeding under this chapter. The ward's attorney may be present but shall not participate in the evaluation.

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(4) The evaluation shall be conducted with as little interference with the proposed ward's activities as possible. The evaluation shall take place at the place and time set in the notice to the proposed ward; and the time set in said notice to the proposed ward shall not be sooner than the fifth day after service of said notice on the proposed ward. The judge, however, shall have the power to change the place and time of the examination at any time upon reasonable actual notice being given to the proposed ward. If the proposed ward fails to appear, the probate judge may order that the proposed ward be taken directly to and from a medical facility or the office of the physician or psychologist for purposes of evaluation only. Such evaluation shall be conducted during the normal business hours of the facility or office and the ward shall not be detained in the facility or office overnight.
(5) A written report shall be filed with the court no later than seven days after the date of the examination.
(6) The report shall be signed under oath by the physician or psychologist. It shall:
(A) State the duration and circumstances of the evaulation, including a summary of questions or tests utilized;
(B) List all persons and other sources of information consulted in evaluating the proposed ward;
(C) Describe the proposed ward's mental and physical state and condition, including all observed facts considered by the physician or psychologist;
(D) Describe the overall social condition of the proposed ward, including support, care, education, and wellbeing; and
(E) Describe the needs of the proposed ward and their foreseeable duration.
(d) After filing of the evaluation report, the probate court shall review the petition and the evaluation report.

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(1) If after such review the court finds that there is probable cause to support a finding that the proposed ward is incapacitated within the meaning of Section 49-601, the probate court shall schedule a hearing on the petition. Notice of the hearing and a copy of the evaluation report shall be served by first-class mail upon the proposed ward and his attorney and guardian ad litem, if any, and upon the petitioner or his attorney, if any. The date of the hearing shall be not less than 10 days after the date notice is mailed. Either the proposed ward or the petitioner may file a written response to the evaluation report at anv time up to the conclusion of the hearing. The response may include, but is not limited to, independent evaluations, affidavits of individuals with personal knowledge of the Droposed ward, and a statement of applicable law.
(2) If after such review the court finds that there is not probable cause to support a finding that the proposed ward is incapacitated within the meaning of Section 49-601, the probate court shall dismiss the petition.
(e) (1) The hearing shall be held in a regular courtroom, if available, or otherwise at such place as the judge may set. At the request of the proposed ward or the ward's attorney and for good cause shown, the public may be excluded and the appearance of the ward may be waived; in any case, the court shall utilize its discretion and the record shall reflect the reasons for the court's action.
(2) The hearing shall be recorded by sound recording device and the tape retained for not less than 45 days or recorded by a certified court reporter.
(3) The court shall apply the rules of evidence applicable in civil cases. The proposed ward shall have the right to assistance of counsel and to subpoena and cross-examine witnesses, including the evaluation physician or psychologist. Upon agreement of the parties, evidence may be presented by deposition.
(4) The court shall utilize the criteria found in Sections 49601 and 49-607 and shall make an independent determination of the need for a guardianship based upon the evaluation report, the response filed by the ward, and the evidence taken at the

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hearing. The burden of proof shall be upon the petitioner and the standard used by the court in reaching its decision shall be clear and convincing evidence.
(5) If the court determines that a guardian is necessary and the proposed ward is present, the court may inquire whether the proposed ward wishes to suggest any person as guardian.
(6) In any procedure under this chapter in which the probate judge is unable to hear a case within the time required for such hearing, said judge shall appoint a person to serve and exercise all the jurisdiction of the probate court in such case. Any person so appointed shall be a member of the State Bar of Georgia who is in the opinion of the appointing judge otherwise qualified for his duties by training and experience. Such appointment may be made on a case-by-case basis or by making a standing appointment of one or more persons. Any person receiving such standing appointment shall serve at the pleasure of the judge making the appointment, or his successor in office, to hear such cases if and when necessary. The compensation of a person so appointed shall be as agreed upon by the judge who makes the appointment and the person appointed, with the approval of the governing authority of the county for which such person is appointed, and shall be paid from the county funds of said county. All fees collected for the services of such appointed person shall be paid into the general funds of the county served.
(f) (1) In its order the court shall set forth the findings of fact and conclusions of law which support the grant or denial of the petition. If a guardianship is granted, the order shall specify:
(A) The type of guardianship established, whether of the person or property, or both;
(B) The names of the guardian or guardians and the reason for their selection;
(C) The nature and extent of the ward's incapacity;
(D) Any rights or powers retained by the ward pursuant to paragraph 49-607(a)(3) or (4);

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(E) The duration of the guardianship, whether limited or permanent;
(F) If separate guardians for the person and the property of the ward are appointed or if just a personal guardian is appointed, the reasonable sums or property to be provided the guardian of the person to provide adequately for the ward's support, care, education, and well-being, subject to modification by subsequent order of the court;
(G) The type and frequency of physical, mental, and social evaluations of the ward's condition which the court requires to supplement the reports submitted pursuant to Section 49-603(b)( 10);
(H) Any reporting requirements in addition to those required by law;
(I) Any bonding requirements in addition to those required by law;
(J) Such other and further provisions of the guardianship as the court may deem proper.
(2) Service of the court's order shall be made by mail upon the ward; his attorney; representatives; guardian ad litem, if any; the guardian, if appointed; and the petitioner.
(3) After service of the court's order, the ward's counsel shall make reasonable efforts to explain the order and the ward's rights to him. If the ward desires to appeal the court's order, the attorney shall file such notice in the ward's behalf; and if counsel was appointed by the probate court, such appointment shall continue on appeal to superior court.
49-607. Retention and protection of rights, (a) Persons determined incapacitated pursuant to this chapter or alleged to be so incapacitated shall not be deprived of any civil, political, personal, or property rights without due process of law.
(1) No guardian, other than a guardian ad litem, shall be appointed for any adult except pursuant to the procedures of this chapter.

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(2) No person shall be presumed to be incapacitated and in need of a guardian unless adjudicated pursuant to this chapter; and neither a finding of criminal insanity or incompetence to stand trial nor a finding of a need for treatment or services pursuant to Ga. Code Chapters 88-4, 88-5, or 88-25 shall create such a presumption.
(3) Unless the court's order specifies that one or more of the following powers are to be retained by the ward, the appointment of a guardian of the person shall remove from the ward: the power to contract marriage; the power to make other contracts; the power to consent to medical treatment; the power to establish a residence or place of abode; and the power to bring or defend any action at law or equity (except an action relating to the guardianship) except through a guardian or guardian ad litem.
(4) Unless the court's order specifies that one or more of the following powers are to be retained by the ward, the appointment of a guardian of the property shall remove from the ward: the power to bring or defend any action at law or equity (except an action relating to the guardianship) except through a guardian or guardian ad litem; the power to make contracts; the power to buy, sell, or otherwise dispose of or encumber real, personal, or trust property; and the power to enter into other business or commercial transactions.
(5) Subject to the provisions of law relating to testamentary capacity and the right to vote which matters shall be independently determined, all persons for whom guardians are appointed shall retain powers, rights, and privileges not removed from the ward pursuant to this chapter. This paragraph, however, shall not prevent the court from specifically removing from the ward powers, rights, and privileges other than those specified in the preceding paragraphs (3) and (4).
(b) No guardian shall be appointed for any person unless such appointment is in the best interest of the person. In addition, in every guardianship:
(1) Each ward has a right to a guardian who acts in the ward's best interest and a guardian whose affairs do not create a substantial conflict of interest with those of his ward;

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(2) Each ward has a right to a guardian who is reasonably accessible to him;
(3) Each ward has a right to have his property utilized to provide adequately for his support, care, education, and wellbeing;
(4) Each ward has a right to communicate freely and privately with persons other than the guardian, except as otherwise ordered by a court of competent jurisdiction.
(c) All guardianships ordered pursuant to this chapter shall be designed to encourage the development of maximum self-reliance and independence in the ward and shall be ordered only to the extent necessitated by the person's actual and adaptive limitations.
(d) A ward or his representative or attorney may file a petition in the probate court alleging that the ward is being unjustly denied a right or privilege granted by this chapter. Upon the filing of such petition, the court shall have the authority to conduct a judicial inquiry and to issue appropriate orders to correct any abuse of the provisions of this chapter.
49-608. Emergency guardians. In the event that the petitioner believes that the proposed ward is gravely incapacitated and that an emergency guardian is necessary, such a guardian may be appointed for the person or property, or both, of the ward as follows;
(a) In addition to the requirements of Section 49-606(a), the petition shall set forth; (1) such facts as establish an immediate, clear, and substantial risk of death or serious physical injury, illness, or disease unless an emergency guardian is appointed; or (2) such facts as establish an immediate, substantial risk of irreparable waste or dissipation of the estate of the proposed ward unless an emergency guardian is appointed.
(b) Such petition shall be supported by the oath of at least two petitioners or by the affidavit of a physician or psychologist as required in Section 49-606(a). All such affidavits, in addition to setting out from personal knowledge the facts establishing the incapacity of the proposed ward, shall specify such facts as are

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required by subsection (a) above, constituting an emergency situation.
(c) In its review of the petition as set out in Section 49-606(b), if the court finds that there is probable cause to believe that the proposed ward is gravely incapacitated and that an emergency guardianship is necessary for the reasons indicated in this section, the court:
(1) Shall order an examination of the proposed ward by a physician licensed to practice under Section 84-907 or by an applied psychologist licensed to practice under Chapter 84-31 to be conducted within 72 hours and a written report to be furnished to the court and made available to the parties within such time; the examination shall be governed by the provisions of subsection 49-606(c)(3);
(2) Shall order an emergency hearing to be conducted not sooner than three days nor later than five days after the filing of the petition;
(3) Shall immediately appoint counsel to represent the proposed ward at the emergency hearing and shall inform counsel of such appointment;
(4) If the threatened risk is so immediate and irreparable that any delay is unreasonable and the existence of such a threatened risk is certified by the affidavit of a physician licensed to practice under Section 84-907 or of an applied psychologist licensed to practice under Chapter 84-31, shall appoint an emergency guardian to serve until the emergency hearing;
(5) If there is a substantial risk of dissipation of any bank or savings and loan account in which the proposed ward has an interest, and if such risk is so immediate and the potential harm so irreparable that any further delay would be unreasonable, then the court in its discretion may order that, pending the emergency hearing, no withdrawals may be made from any such account on the authority of the proposed ward's signature without prior approval from the court;

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(6) Shall order immediate personal service of the petition, notice of the emergency hearing and the appointment of counsel, and any emergency order upon the proposed ward by an officer of the court.
(d) After receiving the examination report and at the time indicated in its earlier order, the probate court shall conduct such emergency hearing to determine whether the conditions indicated in subsection (a) of this section exist so as to necessitate the appointment or continuation of the appointment of an emergency guardian or whether any existing guardianship should be discontinued pending evaluation and the full hearing indicated in Section 49-606(e). The burden of proof shall be upon the petitioner, and the standard used by the court in reaching its decision shall be clear and convincing evidence.
(e) Any emergency guardian appointed under this chapter shall have only those powers and duties specifically enumerated in the order of the probate court; and such powers and duties shall not exceed those absolutely necessary to respond to the immediate, threatened risk to the ward enumerated in the petition pursuant to this section. All emergency guardianships shall terminate immediately after the full hearing indicated in Section 49-606(e), 45 days after the filing of the petition, or on a date specified in the court's order appointing the emergency guardian, whichever occurs first.
49-609. Modification or termination of guardianships, (a) Upon the petition of any interested person, including the incapacitated person, or upon the probate court's own motion after review of the guardianship reports, a guardianship of the person or property of an adult ward may be modified or terminated, as appropriate, by the court:
(1) By the procedures provided in Chapter 49-2 in the event of such conflicts of interest or unfitness as substantially impair the guardian's ability to perform his duties under this chapter effectively or in the event of any other misconduct of the guardian;
(2) By the procedures provided for in Chapter 49-3 in the event of the resignation or death of the guardian, except that the persons to be notified shall be the same as set forth in Section 49606(a)(2);

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(3) By the procedures provided for in Chapter 49-3 in the event of the death of the ward with the guardian of the property or, if none, the guardian of the person acting as administrator, as provided therein;
(4) By adjusting the guardianship order in the event of a significant change in the extent of the incapacity of the ward or the circumstances of ward or guardian;
(5) By restoring all personal and property rights and terminating the guardianship upon a proper showing that the need for the guardianship has ended.
(b) In petitions under subsections (a)(4) and (5) above, where the primary issue is a change in the condition of the ward, such petition must be accompanied by an affidavit of two persons who have knowledge of the ward or of a physician licensed to practice under Section 84-907 or of an applied psychologist licensed to practice under Chapter 84-31 setting forth the supporting facts and determinations. Thereafter, the provisions of subsections 49-606(c) and (e) shall apply; except that the court may dismiss the petition prior to hearing if after reviewing the evaluation report the court finds that there is not probable cause to believe that there are grounds for modification or termination of the guardianship. In all proceedings under this Section the burden of proof shall be upon the guardian and the prior adjudication of incapacity shall not be competent evidence in these proceedings.
(c) A guardianship with a specific duration shall end automatically upon its expiration.
(d) In all guardianship modification or termination procedures, notice shall be given personally to the guardian and the ward; counsel shall be appointed for the ward where he cannot afford counsel; and all the rights of the ward enumerated in Section 49-606 shall apply to the hearing upon the petition.
49-610. Second petition or application. When one petition for guardianship under Section 49-606(a) or a petition for protection of rights under Section 49-607(d) or an application for modification or termination of guardianship under Section 49-609 shall have been denied or dismissed on the merits by the probate or superior court,

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no further such petition or application shall be allowed by the court within two years after such denial or dismissal without a showing of a substantial change in the condition or circumstances of the proposed ward, guardian, or ward.
49-611. Appeals, (a) The ward, individually or by his attorney, his representatives, or his guardian ad litem or the petitioner may appeal from any final order of the probate court to the superior court in the county in which the proceedings were held. The appeal shall be in the same manner as other appeals from probate court to superior court but shall be heard as expeditiously as possible. The appeal shall be de novo unless the parties by agreement specifically limit the issues. The ward shall retain his right to counsel or to have counsel appointed for him. The burden of proof shall be upon the petitioner and the standard used by the court in reaching its decision shall be clear and convincing evidence.
(b) All rights of appeal from superior court shall be as provided by law.
(c) The filing of an appeal to superior court from the judgment of the probate court shall act as supersedeas.
(d) If, pending a trial on such appeal, an emergency situation arises within the meaning of Section 49-608, the superior court, after proper notice and hearing, may order the appointment of an emergency guardian with such powers and duties as are described in Section 49-608.
49-612. Wages of an involuntarily hospitalized person; payment to spouse; exemption from garnishment; proof by spouse; release of employer. It shall be lawful upon the involuntary hospitalization, pursuant to Chapter 88-5, of any person employed by any person, firm, partnership, governmental unit, or public or private corporation doing business in this state, hereinafter called `employer,' who may have wages due him or her by said employer and who may have a spouse with whom he or she was living at the time of the order of involuntary hospitalization, pursuant to Chapter 88-5, to pay so much of said wages as exceed any amount due said employer to said spouse; and said funds to the amount of any amount due said employee after the order of involuntary hospitalization shall be exempt from any and all process of garnishment. Such employer is

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hereby required to pay over said funds on the demand of said spouse upon satisfactory proof that he or she is the spouse of said person involuntarily hospitalized and was living with him or her at the time of the order of involuntary hospitalization. Said employer paying over said funds as aforesaid shall be protected and released from all claims whatever against said funds by any guardian of said involuntarily hospitalized employee or the creditors of said employee or other claims that may be brought against said funds.
49-613. Compensation, (a) The amounts actually necessary or requisite to defray the expenses of any hearing held under this chapter, including those provided by subsections (b), (c), (d), and (e) of this section, shall be paid: (1) From the estate of the ward if a guardianship is ordered; (2) By the petitioner if no guardianship is ordered; or (3) By the county in which the allegedly incapacitated person has his residence or by the county in which the hearing is held if the allegedly incapacitated person is not a resident of the state. Such amounts shall be paid by the appropriate county upon the warrant of the probate judge of the county where the hearing was held. Payment by the county shall be required, however, only if the person who actually presides over the hearing executes an affidavit or includes a statement in his order that the party against whom costs are cast by paragraph (1) or (2) of this section appears to lack sufficient assets to defray such expenses.
(b) The total costs to be paid to the probate court for a hearing required by Section 49-606(e) shall be $40.00 and for a hearing required by Section 49-608(d) shall be $25.00.
(c) For the evaluation or examination required by Sections 49606(c) and 49-608(c), the physician or licensed applied psychologist shall receive an amount not to exceed $50.00.
(d) For the hearing under Section 49-606(e) or 49-608(d), the sum to be paid to the examining physician or psychologist shall not exceed $25.00 and actual expenses.
(e) For any hearing under the provisions of this chapter, the sum to be paid to an attorney appointed to represent an allegedly incapacitated person shall not exceed $25.00 and actual expenses. In exceptional circumstances, the attorney may apply to the superior court of the judicial circuit in which the hearing was held for

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an order granting reasonable fees in excess of the amount specified herein."
Section 2. Code Section 79-209, relating to citizenship rights of insane persons, which reads as follows:
"79-209. Insane persons, citizenship rights of.--All persons non compos mentis, either from birth or from causes accruing subsequently, constantly or periodically, or from age, infirmity, drunkenness, or who are otherwise incapable of managing their affairs, may have their persons and estates, or either of them, placed in the control of guardians. Such persons retain all the rights of citizens which they have the capacity to enjoy, and which are compatible with their situation.",
is hereby repealed in its entirety.
Section 3. No guardianship lawful before the effective date of this Act shall be deemed unlawful because of this Act, and any such guardianship shall continue. It is the intent of this section that, from the effective date of this Act, all orders respecting the guardianships of incapacitated persons shall be governed by the provisions of this Act, but that no new proceedings need be instituted for the continuation of guardianship pursuant to laws existing prior to the effective date of this Act.
Section 4. Code Section 24-1716, relating to probate court costs, as amended, particularly by an Act approved April 5, 1978 (Ga. Laws 1978, p. 1939), is hereby amended by striking under the following heading: "LETTERS OF GUARDIANSHIP FOR MENTALLY ILL, MENTALLY RETARDED, OR MENTALLY INCOMPETENT" the following:
"In addition $25.00 for each member of the commission and the court appointed attorney, when required",
and by striking in its entirety the following:
"RESTORATION TO NORMAL HEALTH
For whole service in connection with each case by the probate judge to be filed as part of the required cost at time of filing petition,

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In addition $25.00 for each member of the commission and the court appointed attorney, when required $40.00".
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved April 8, 1980.

CRIMINAL PROCEDURE - SEALING OF CERTAIN CRIMINAL RECORDS.
No. 1396 (House Bill No. 1494).
AN ACT
To authorize any judge of a municipal court of any municipality of the State of Georgia to seal the criminal records of individuals under certain circumstances; to provide for the conditions for such sealing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Any judge of a municipal court of any municipality of the State of Georgia or any judge hearing cases for any such court wherein a municipal court is a court of first instance in criminal cases shall have the authority to seal to all persons except criminal justice officials all criminal records of said municipality, including but not limited to records of arrest, fingerprints and photographs, whether maintained in the police agency of such municipality or elsewhere in said municipality, related to any individual upon a finding by such a judge that one of the following conditions shall exist:
(a) When, upon the call of a case for trial, criminal charges against the individual are dismissed upon the motion of the arresting officer, or because of the lack of prosecution of such charges by the arresting officer or the municipality; or

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(b) When criminal charges against the individual are the subject of a pre-trial disposition by the municipal prosecutor, provided that the terms and conditions of said pre-trial disposition are satisfied.
Any such order, so sealing the records of an individual as hereinbefore provided, shall in no way constitute an adjudication of any illegal or wrongful action on the part of the arresting officer or the municipality.
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved April 8, 1980.

GEORGIA TAX REFORM COMMISSION AMENDED.
No. 268 (Senate Resolution No. 271).
A RESOLUTION
To amend a Resolution creating the Georgia Tax Reform Commission, approved March 16, 1978 (Ga. Laws 1978, p. 1076), as amended by a Resolution approved February 12, 1979 (Ga. Laws 1979, p. 129), so as to add provisions relating to the payment of allowances for certain members of the commission; to authorize additional reports; to provide for a termination date of the commission; to provide for the continuation of staff; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section I. A Resolution creating the Georgia Tax Reform Commission, approved March 16, 1978 (Ga. Laws 1978, p. 1076), as amended by a Resolution approved February 12, 1979 (Ga. Laws 1979, p. 129), is hereby amended by adding before the last sentence of Section 7 the following:
"In the event such funds are not available to compensate a member employed in the executive branch of government for nonreimbursed expenses incurred prior to or on or after the effective date of the 1980 amendment to this section, such member shall be reimbursed and paid from funds appropriated or otherwise available to the office of the Governor.",
so that when so amended Section 7 shall read as follows:
"Section 7. All members of the Commission shall receive the allowances authorized by law for legislative members of interim legislative committees. Any members of the executive or judicial branches of government shall receive such allowances from State funds from which they are otherwise compensated. In the event such funds are not available to compensate a member employed in the executive branch of government for nonreimbursed expenses incurred prior to or on or after the effective date of the 1980 amendment to this section, such member shall be reimbursed and paid from funds appropriated or otherwise available to the office of the Governor. The other allowances and all other funds necessary to carry out the provisions of this Resolution shall come from the funds appropriated to or otherwise available to the legislative branch of government."
Section 2. Said Resolution is further amended by adding at the end of Section 8 the following:
"The Commission shall make such additional reports of its findings and recommendations as are determined to be desirable or necessary.",
so that when so amended Section 8 shall read as follows:

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"Section 8. The Commission shall make a preliminary report to the 1979 Session of the General Assembly and a comprehensive report of its findings, recommendations, and suggestions for proposed legislation to the 1980 Session of the General Assembly. The Commission shall make such additional reports of its findings and recommendations as are determined to be desirable or necessary."
Section 3. Said Resolution is further amended by adding a new section to be known as Section 8A to read as follows:
"Section 8A. The Commission shall stand abolished upon the convening of the regular 1981 Session of the General Assembly. The staff of the Commission shall continue its work and be available for consultation with members of the General Assembly until the adjournment of the regular 1981 Session of the General Assembly. The members of the staff shall continue to be compensated for their services until such time."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved April 8, 1980.

WORKERS' COMPENSATION ACT AMENDED.
Code Title 114 Amended.
No. 1398 (Senate Bill No. 250).
AN ACT
To amend Title 114 of the Code of Georgia, relating to workers' compensation, as amended, so as to authorize bona fide trade associations, professional associations, municipalities, counties, school

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boards, and hospital authorities to establish joint funds for the purpose of administering group self-insurance programs by which workers' compensation benefits are paid for the benefit of participating employers and their employees; to provide for legislative intent; to provide definitions; to provide for the organization of such funds; to provide procedures for certificates of authority; to provide that membership in such funds shall satisfy the obligations of member employers imposed by the workers' compensation laws; to provide procedures for new members of funds; to provide for termination and withdrawal procedures for members; to provide for joint and several liability of members; to provide for a board of trustees; to provide powers for a board of trustees; to provide for periodic reports of a fund's business affairs and operations; to provide for a means of determining financial condition of a fund; to provide for minimum security deposits, bonds, and contracts of excess insurance for said funds; to provide surplus requirements and for a waiver of such requirements; to provide procedures for the operation of a fund; to provide for hearings; to provide for administrative fines for certain acts of officers, employees, agents, or representatives; to provide for contracts between such fund and contract administrators; to provide for bond and liability insurance requirements and for a resident office of said administrators; to provide procedures for impaired funds; to provide grounds for enjoining transaction of business and for the appointment of receivers of said funds; to provide for the revocation and suspension of certificates of authority, for the dissolution of funds, and for certain administrative fines; to provide for fiduciary responsibilities; to provide prohibitions against certain pecuniary interests of officials; to define and provide for certain unfair trade practices; to provide for the taxation of said funds and for exemptions from taxation of funds formed by groups of municipalities, counties, and school boards; to provide examinations of said funds; to provide for the promulgation of rules and regulations; to provide that funds shall not be deemed to be insurers; to provide for service of process and venue of suits against funds; to provide for construction; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Title 114 of the Code of Georgia, relating to workers' compensation, as amended, is hereby amended by adding a new chapter, to be known as Chapter 114-6a, to read as follows:

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"CHAPTER 114-6a Group Self-insurance Funds
114-60la. Intent. It is the intent of the General Assembly of Georgia to provide an alternative mechanism through which bona fide members of trade associations and professional associations as well as groups of municipalities, counties, school boards, and hospital authorities may extend workers' compensation benefits to their employees through a group self-insurance program. Such an alternative is authorized to enable the members of these groups to lower workers' compensation costs by reducing administrative expenses and to encourage a reduction in claims through active loss prevention, loss control, and rehabilitation programs. It is therefore intended that this chapter be liberally construed to effectuate these purposes.
114-602a. Definitions. The following words and phrases, as used in this chapter, shall, unless a different meaning is clearly required by the context, have the following meanings:
(1) `Fund' shall mean a joint fund for workers' compensation established by an authorized trade association, professional association, or groups of municipalities, counties, school boards, or hospital authorities pursuant to this chapter.
(2) `Board' shall mean the board of trustees of any fund created pursuant to this chapter.
(3) `Trade association' shall mean a corporation or unincorporated association which is engaged in substantial activity for the benefit of its members, other than the sponsorship of a fund operated pursuant to this chapter, and which is comprised of a bona fide group of employers who are engaged in the same type of business or profession within the State of Georgia and have similar governing industry classifications as set forth in the Workers' Compensation and Employers' Liability Insurance Manual issued by the National Council on Workers' Compensation Insurance.
(4) `Professional association' shall mean a corporation or unincorporated association which is engaged in substantial activity for the benefit of its members, other than the sponsor-

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ship of a fund operated pursuant to this chapter, and which is comprised of a bona fide group of employers who are engaged in the same type of professions and have similar governing industry classifications as set forth in the Workers' Compensation and Employers' Liability Insurance Manual issued by the National Council on Workers' Compensation Insurance.
(5) `Municipality' shall mean an incorporated municipality of this state or a consolidated city-county government.
(6) `County' shall mean a county of this state.
(7) `School board' shall mean a public board of education of any county or of any independent school system of this state.
(8) `Hospital authority' shall mean any legally constituted board, commission, or authority which has been created for the purpose of and is actually governing the operation of a public hospital created in accordance with the laws of this state.
(9) `Basic rate' shall mean the annual premium rate charged prior to any credit being given for applicable experience debits or credits or for applicable discounts or surcharges.
(10) `Secretary of State' shall mean the Secretary of State of the State of Georgia.
(11) `Member' shall mean an employer who is a member of a fund established by a trade association or professional association or by a group of municipalities, counties, school boards, or hospital authorities in accordance with the provisions of this chapter.
(12) `Gross annual premium' shall mean the premium determined by multiplying the payroll (segregated into the proper workers' compensation job classifications) times the appropriate annual premium rates.
(13) `Standard annual premium' shall mean the gross annual premium plus or minus applicable experience debits or credits.

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(14) `Normal annual premium' shall mean the standard annual premium plus or minus applicable discounts or surcharges.
(15) `Administrator' means the individual, partnership, or corporation designated and authorized by the board of the fund to carry out the day-to-day operations of the fund, including, but not limited to, the processing and payment of claims.
(16) `Intrastate agreement' means the written agreement executed by the members of the fund which establishes the fund and provides for its operation and through which each member agrees to assume and discharge, jointly and severally, any and all liability under this chapter relating to or arising out of the operations of the fund.
(17) `Premium' shall mean any consideration paid to a fund by a member for coverage under the fund by whatever name called.
(18) `Surplus' shall mean the total assets of the fund less its liabilities and reserves as determined in accordance with the requirements of this chapter.
(19) `Surplus share' and `proportionate share' shall mean the initial contribution paid to a fund by a member as a condition of membership in the fund.
114-603a. Organization of joint funds, (a) Any group of municipalities, counties, school boards, or hospital authorities or any trade association or professional association may enter into an intrastate agreement for the purpose of extending workers' compensation benefits to employees of its members and may make application to the Secretary of State for a certificate of authority to create a fund and provide such benefits.
(b) For the purposes of this chapter, municipalities, counties, school boards, hospital authorities, trade associations, and professional associations shall each be deemed to constitute separate classes; and no member of any one such class shall join with a member of another class or classes for the purpose of creating a fund pursuant to the provisions of this chapter.

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(c) A proposed fund shall file with the Secretary of State, when applying for a certificate of authority, an application setting forth:
(1) The name of the fund;
(2) The location of the fund's principal office, which shall be maintained within this state;
(3) The location of the principal office of the trade association or professional association or group of municipalities, counties, school boards, or hospital authorities;
(4) The names and addresses of the members;
(5) The principal business of each member;
(6) The designation and appointment of a Georgia resident as the fund's proposed registered agent for service of process in this state and his or her address;
(7) The names and addresses of the officers and directors of the proposed fund and a statement concerning whether or not any of such officers and directors has been convicted of any crimes other than minor traffic violations within the last ten years;
(8) The powers of the officers and directors and the terms of office of each;
(9) An outline of the method by which the administrative obligations of the fund shall be met;
(10) A copy of the bylaws of the fund;
(11) A copy of the intrastate agreement among the members;
(12) The name and address of the administrator and, if the administrator is a corporation, the names and addresses of its officers and directors and a statement concerning whether or not any such administrator or the officers or directors thereof, if the administrator is a corporation, have been convicted of any

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crimes other than minor traffic violations within the last ten years;
(13) A statement of the previous experience and background of any administrator of the fund, including any licenses it may hold or have held in this state or any other state within the last ten years;
(14) The most recent audited statement of the financial condition of any administrator of the fund or the most recent annual statement of such administrator if it is an insurer;
(15) A copy of any agreements between the fund and any contract administrator of the fund;
(16) An unaudited statement of the financial condition of the fund and a schedule of its assets as of the last preceding calendar quarter prior to the date of the application and a statement that the surplus required by Code Section 114-613a is on hand as of the date of such application;
(17) A copy of each policy, endorsement, and application form it proposes to issue or use;
(18) A current audited financial statement of each member of the fund which shall not be deemed to be a public document and shall be maintained in confidence by the Secretary of State;
(19) Such other information, documents, or statements as the Secretary of State may reasonably require.
(d) Each application for a certificate of authority shall be accompanied by a filing fee of $300.00, which fee shall not be refundable.
(e) A fund as authorized by this chapter may be established onlv with the participation of ten or more members having no fewer than 1,000 employees in the aggregate.
(f) A fund as authorized by this chapter may be established only if it has and thereafter maintains gross annual premiums of $300,000.00 or such higher amount as the Secretary of State deems

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necessary to protect the interests of the members and their employees.
(g) All employers who are members of a class which forms a fund pursuant to the provisions of this chapter shall be eligible for membership in such fund unless membership is denied such employers by the Secretary of State in accordance with the provisions of this chapter.
(h) Any trade association or professional association or group of municipalities, counties, school boards, or hospital authorities which forms a fund pursuant to the provisions of this chapter shall accept as a member of such fund any other member of the same class as defined in Code Section 114-603a(b) which makes application for membership and otherwise meets the requirements of this chapter.
114-604a. Certificate of authority, (a) The Secretary of State shall examine said application to determine whether the fund will be able to comply with the laws of Georgia and whether membership in the fund will enable the members of said fund to meet their liability for workers' compensation benefits under Title 114 of the Code of the State of Georgia. If the Secretary of State finds that the fund is capable of complying with such requirements and meeting such liability, it shall issue a certificate authorizing the fund to provide workers' compensation benefits on behalf of its members.
(b) If the Secretary of State refuses to issue a certificate of authority, he shall issue an order setting forth the reasons for such refusal and forward it to the proposed fund and a copy of said order shall be sent to each member of the fund.
(c) The Secretary of State shall approve or disapprove the application for a certificate of authority within 90 days of receipt by him of the application and all of the supporting information he has requested.
(d) The Secretary of State may refuse to issue or renew or suspend or revoke the certificate of authority of any fund in accordance with the provisions of Code Sections 114-616a and 114-62la for failure of the fund to comply with any provision of this chapter or with any of the rules, regulations, or orders of the Secretary of State issued pursuant thereto.

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(e) Said certificate shall be renewed annually in accordance with rules and regulations promulgated by the Secretary of State upon payment by the fund of an annual fee of $300.00.
114-605a. Workers' compensation obligations. The participation by a member in a fund created pursuant to the provisions of this chapter shall enable it to comply with its duty as an employer to assure payment of workers' compensation in accordance with the provisions of Chapter 6 of Title 114 of the Code of Georgia.
114-606a. New members. After the inception date of a fund, prospective new members of the fund shall submit an application for membership to the board and to the Secretary of State on a form prescribed by the Secretary of State. The board of the fund or the administrator of the fund, with the approval of the board, shall establish the net worth of the fund and the proportionate share to be paid by each applicant to become a member of the fund. If the Secretary of State does not approve the application of a prospective new member within 90 days, the applicant, upon payment to the fund of its proportionate share determined in accordance with this chapter, shall be authorized to become a member of the fund, to enter into the intrastate agreement with the other members of the fund, and to share the liabilities and assets of the fund in accordance with its bylaws and with the applicable provisions of this chapter.
114-607a. Termination and withdrawal, (a) A member may elect to terminate voluntarily its participation in a fund by giving at least 90 days' advance written notice to the fund and to the Secretary of State. Such voluntary termination shall be approved by the Secretary of State upon a finding by him that such member and the fund are in good standing and that both have met all requirements of this chapter and of the rules and regulations issued by the Secretary of State as of the proposed effective date of such termination.
(b) A member may be involuntarily terminated as a member of a fund upon a finding by the Secretary of State, after due notice and hearing, that such member has failed to comply with the requirements of this chapter or with the provisions of the bylaws of the fund or of the applicable intrastate agreement.

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(c) Involuntary termination of a member for failure to pay its proportionate share or any premiums or installments thereof due the fund or otherwise to discharge its obligations to the fund when due shall be accomplished as prescribed herein: written notice, stating the time when the termination will be effective, but not less than 15 days from the date of notice or such other specific longer period as may be provided in the intrastate agreement or by statute, may be delivered in person or by depositing such notice in the United States mail to be dispatched by at least first class mail to the last address of record of the member and receiving therefor the receipt provided by the United States Post Office Department. Such notice may or may not be accompanied by a tender of the unearned premium paid by the member calculated on a pro rata basis. If such tender is not made simultaneously with such notice, it shall be made within 15 days of notice of termination unless an audit or rate investigation is required, in which case such tender shall be made as soon as practicable.
(d) Any member who either voluntarily terminates his membership or is involuntarily terminated from membership in a fund pursuant to the provisions of this title shall remain jointly and severally liable for all obligations of the fund as of the date of such termination, including, but not limited to, any obligations of the fund to pay claims against the fund arising out of any occurrence, incident, or accident which took place during the member's membership in the fund.
114-608a. Board of trustees. Each fund created pursuant to this chapter shall be operated by a board of trustees chosen by the mutual agreement of the participating members of such fund in accordance with the provisions of this chapter and with the bylaws of the fund. The appointment of any trustee shall be subject to the approval of the Secretary of State.
114-609a. Powers of board. The board shall have the following specific powers, together with such other powers as may be necessary or incidental to effectuate the purposes of this chapter:
(a) To invest and reinvest funds held by it in accordance with the provisions of Code Section 114-614a;

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(b) To collect and disburse all money due or payable in accordance with the provisions of this title;
(c) To employ and contract with banks, corporate trustees, insurance agents, surplus lines brokers, and insurers authorized to do business in this state and approved surplus lines carriers;
(d) To employ and contract with actuaries, accountants, contract administrators, and other agents and employees necessary for the operation of the fund;
(e) To employ an administrator for the fund;
(f) To contract with other persons or public bodies of this state for the use of services or facilities necessary, useful, or incidental to the operation of the fund;
(g) To employ legal counsel;
(h) To execute other contracts necessary or incidental to the operation of the fund;
(i) To pay dividends to or levy assessments on its members;
(j) To purchase bonds and insurance necessary to comply with the requirements of this chapter and the rules and regulations of the Secretary of State;
(k) To do and perform such other and further acts, not inconsistent with the provisions of this chapter or with other laws of this state, which may be necessary for the efficient and proper operation of said fund.
114-610a. Reports of fund's business affairs and operations; verification. Every fund shall, on or before the first day of March in each year after it shall have commenced to do business pursuant to a certificate of authority, make and file with the Secretary of State a report of its affairs and operations during the year ending the thirtyfirst day of December last preceding. This annual report shall be made in such form and contain such information as the Secretary of State may, by regulation from time to time, prescribe and require in protecting the public interest, the interest of the members of the

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fund, and the interest of the employees of each member. The Secretary of State may, bv regulation, require such additional periodic reports as he may from time to time prescribe as necessary or appropriate for the protection of members and their employees and the public and to insure the solvency of any fund, to inform and protect the members of the fund, and to assure fair dealing in the investments of any fund. The Secretary of State may require that the reports be verified under oath by such appropriate officers or agents as he may designate by regulation and may require the same to be furnished to persons or entities he determines to have a legitimate interest therein. Compliance with this Code section shall be a condition to the renewal of a certificate of authority under Code Section 114-604a.
114-61 la. Financial condition; method of determining. In determining the financial capacity of a fund to pay workers' compensation obligations promptly and otherwise to meet its obligations under this law, the Secretary of State shall take into consideration the following criteria:
(a) The Secretary of State shall charge as liabilities the same reserves as are required of incorporated insurers issuing nonassessable policies on a reserve basis;
(b) The surplus shares of members shall be allowed as assets, except that any premiums delinquent for 90 days shall first be charged against such surplus shares;
(c) The surplus shares of members shall not be charged as a liability;
(d) All premiums delinquent less than 90 days shall be allowed as assets;
(e) An assessment levied upon members, and not collected, shall not be allowed as an asset;
(f) The computation of reserves shall be based upon premiums other than membership fees and without any deduction for expenses and the compensation of any contract administrator;

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(g) The existence and face value of contracts or policies of excess insurance or other measures of financial capacity as the Secretary of State may deem appropriate, including the authority of municipalities, counties, and school boards to levy and collect taxes pursuant to the laws of this state.
114-612a. Minimum security deposit; contracts for excess insurance. (a) Each fund shall maintain with the Secretary of State a deposit consisting of securities eligible for deposit by domestic insurance companies in accordance with the provisions of Georgia Code Chapter 56-11 in an amount which is equal to 25 percent of the normal annual premium; provided that a fund established by a group of municipalities, counties, or school boards shall only be required to maintain such a deposit in an amount which is equal to 15 percent of the normal annual premium.
(b) Specific and aggregate excess insurance underwritten by insurers authorized to transact business in this state or by approved surplus lines carriers with liability limits and retention amounts acceptable to the Secretary of State shall be required as a condition to the issuance and maintenance of a certificate of authority of any fund created pursuant to this chapter; provided that such liability limits shall be at least $ 1,000,000.00.
114-613a. Surplus required. A fund formed pursuant to the provisions of this chapter shall possess and thereafter maintain a minimum surplus of not less than $200,000.00 and a minimum of not less than $200,000.00 expendable surplus or such higher amounts of surplus or expendable surplus as the Secretary of State may reasonably establish for the protection of the members and their employees; provided that, if all members of a fund have a combined net worth of $25,000,000.00, or its equivalent in the case of funds formed by groups of municipalities, counties, or school boards, the Secretary of State may waive the minimum surplus requirements provided for herein.
114-614a. Investment and reserve requirements, (a) Except as otherwise specifically provided for herein, the investable assets of a fund shall be invested only in securities or other investments permitted by the laws of this state for the investment of assets constituting the legal reserves of property and casualty insurance companies or such other securities or investments as the Insurance Commissioner

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may permit such insurers to invest their funds in under Georgia Code Title 56. Such investments shall be subject to the same terms, conditions, and limitations which apply to such property and casualty insurance companies under said Title 56.
(b) Each fund shall maintain at all times assets in cash, premium balances, or securities authorized by the laws of this state for the investment of assets of property and casualty insurers doing a similar business in an amount which is equivalent to the pro rata unearned premiums and proportionate shares of members and reserves for losses outstanding and unpaid and any other liabilities of the fund.
114-615a. Operation of the fund, (a) Each member shall pay into said fund its share of the fund's projected obligation for workers' compensation liability, administrative expenses, and other costs of such fund as may be determined by the board or by an administrator and approved by the board, all in accordance with the provisions of this chapter. Such share shall be adjusted by the board based on the claims experience of each participating member in accordance with criteria set forth in the bylaws of the fund. Provided, however, no member of a fund shall be charged a basic rate which is in excess of 108 percent of the basic rate charged to any other member of the fund. The premium for each year shall be paid by each member at the beginning of each fund year unless otherwise provided for under the intrastate agreement. The board shall make payments out of the fund for workers' compensation benefits pursuant to and in accordance with the claims procedures set forth in the workers' compensation laws of Georgia to the employees of the members; and the board shall determine what, if any, dividends or assessments shall be paid to or levied against the participating members of the fund.
(b) The board of each fund shall establish and implement a loss prevention and loss control and rehabilitation program for each member of the fund.
(c) Each member of the fund shall be jointly and severally liable for all legal obligations of the fund, including, but not limited to, any obligations of the fund to pay claims against the fund arising out of any occurrence, incident, or accident covered under Title 114 of the Code of Georgia.

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(d) Each fund shall be treated as a self-insurer for the purposes of Code Chapter 114-9, relating to the subsequent injury trust fund.
(e) Each fund shall be liable under Code Section 114-717 for its share of the expenses of the State Board of Workers' Compensation and, for the purposes of such section only, it shall be treated as though it were an insurer.
(f) Each fund may sue and be sued in its own name and service of process shall be perfected upon such fund by serving its registered Georgia agent for service of process or by otherwise serving the fund in accordance with the laws of this state.
114-616a. Aggrieved parties; hearings. Any party which is aggrieved by any act, determination, order, or any other action of the Secretary of State taken pursuant to the provisions of this chapter may request a hearing before the Secretary of State or otherwise proceed in accordance with the provisions of the `Georgia Administrative Procedure Act,' (Ga. Laws 1964, p. 338), as now or hereafter amended.
114-617a. Administrative fine for certain acts of officers, employees, agents, or representatives. The Secretary of State may, after a hearing, impose upon a fund an administrative fine if he finds that such fund, through the acts of its officers, employees, agents, or representatives, has with such frequency as to indicate its general business practice within this state:
(a) Refused, without just cause, to pay proper claims arising under workers' compensation coverage provided by the fund;
(b) Compelled, without just cause, employee claimants of members or other persons entitled to the proceeds of the workers' compensation coverage provided by the fund to accept less than the amount due them or to bring suit against the fund to secure full payment or settlement thereof.
The administrative fine imposed for violations set forth in subsections (a) or (b) shall not exceed $1,000.00 for each act of misconduct constituting a violation of this section; provided that a fine of not more than $5,000.00 may be imposed for each act of willful misconduct constituting a violation of this section.

GEORGIA LAWS 1980 SESSION

1701

In addition to all other penalties provided for under the provisions of this chapter, the Secretary of State shall have the authority to place any tund on probation for a period of time not to exceed one year for each and every act or violation of this chapter or of the rules and regulations or orders of the Secretary of State issued pursuant hereto and may subject such fund to a monetary penalty of up to $ 1,000.00 for each and every act in violation of this chapter or of the rules, regulations, or orders of the Secretary of State issued pursuant hereto unless the fund or its administrator knew or reasonably should have known that the fund was in violation of this chapter or of the rules and regulations or orders of the Secretary of State, in which case the monetary penalty provided tor herein may be increased to an amount ud to ao.uuu.OO tor eacn and every act or violation.
114-bl8a. Contract administrators, (a) it a tund contracts with an administrator which is not an employee of the fund, the fund and such administrator must enter into a written agreement which has been approved by the Secretary of State which shall set forth the following:
(1) I he powers ot the administrator;
(2) The general services to be performed by the administrator;
(3) The manner and amount of compensation to be paid to the administrator and any arrangements between the fund and the administrator for the payment of administrator and other expenses incurred in connection with the operation of the fund;
(4) A contractual provision obligating the administrator to obtain and maintain such bonds, deposits, or insurance coverage as may be required to be maintained by this chapter;
(5) A requirement that errors and omissions coverage or other appropriate liability insurance in an amount which is no less than that specified by the rules and regulations of the Secretary ot State be maintained at all times by the administrator.
(Dj huch an agreement may provide for the ioiiowing:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(1) The right of substitution of the administrator and the revocation of the agreement upon notice to the Secretary of State;
(2) Restrictions upon the exercise of power by the administrator; and
(3) Any other lawful provision deemed necessary and appropriate.
(c) The terms of any such agreement shall be reasonable and equitable and the agreement and any amendments thereto shall be filed with the Secretary of State prior to their use.
(d) A copy of the agreement and any and all amendments thereto shall be furnished to each member upon request.
114-619a. Bonds and liability insurance required; resident office of administrator, (a) The Secretary of State shall require each administrator to have and maintain a fidelity bond in an amount which the Secretary of State deems appropriate, but which is no less than $100,000.00.
(b) Errors and omissions coverage or other appropriate liability insurance in an amount which is no less than that specified by the rules and regulations of the Secretary of State shall be maintained at all times by an administrator of a fund and a certificate by the insurer or other appropriate evidence of such coverage shall be filed with the Secretary of State by the fund.
(c) The administrator shall maintain an office in the State of Georgia for the payment, processing, and adjustment of the claims of the fund or funds which it represents.
114-620a. Impaired funds, (a) If the assets of a fund are at any time insufficient to enable a fund to discharge its legal liabilities and other obligations and to maintain the reserves and surplus required of it under this chapter, it shall forthwith make up the deficiency or levy an assessment upon its members for the amount needed to make up the deficiency.

GEORGIA LAWS 1980 SESSION

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(b) If the fund fails to make up such deficiency or to make the required assessment of its members within 30 days after the Secretary of State orders it to do so, or if the deficiency is not fully made up within 60 days after the date on which any such assessment is made, the fund shall be deemed to be insolvent and shall be proceeded against in the same manner as are domestic insurers under Code Chapter 56-14; and the Secretary of State shall have the same powers and limitations in such proceedings as are provided to the Insurance Commissioner under said Code Chapter 56-14, except as otherwise provided for herein.
(c) If the liquidation of such a fund is ordered, an assessment shall be levied upon its members for such an amount as the Secretary of State determines to be necessary to discharge all liabilities of the fund, including the reasonable costs of such liquidation.
114-62la. Grounds for enjoining transaction of business; receivers. If the Secretary of State finds that any fund or its administrator (1) has failed to comply with any provision of this chapter, (2) is fraudulently operated, (3) is in such condition as to render further fund operations hazardous to the public interest or to the interest of the fund's members and their employees, (4) is financially unable to meet its obligations and claims as they come due, or (5) has violated any other provision of law, it may apply to the superior court of Fulton County, State of Georgia, for an injunction. The court may forthwith issue a temporary injunction restraining the transaction of any business by the fund and it may, after a full hearing, make the injunction permanent and appoint one or more receivers to take possession of the books, papers, moneys, and other assets of the fund to settle its affairs and distribute its funds to those entitled thereto, subject to such rules and orders as the court may prescribe. If it appears that a crime has been committed in connection with the administration or management of any fund, the Attorney General of the State of Georgia may pursue the appropriate criminal action.
114-622a. Revocation and suspension of certificates of authority. (a) The Secretary of State may revoke or suspend or refuse to issue or renew the certificate of authority of any fund when and if, after investigation, he finds that:
(1) Any certificate of authority issued to such fund was obtained by fraud;

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GENERAL ACTS AND RESOLUTIONS. VOL. I

(2) There was any misrepresentation in the application for such certificate of authority;
(3) The fund or its administrators have otherwise shown themselves to be untrustworthy or incompetent;
(4) Such fund or its administrator has violated any of the provisions of this chapter or of the rules and regulations ot the Secretary of State promulgated pursuant to the provisions of this chapter;
(5) The fund or its administrator has misappropriated, converted, illegally withheld, or refused to pay over upon proper demand any moneys entrusted to them in their fiduciary capac-L ties belonging to a member or to an employee or a inernper or person otherwise entitled thereto:
(6) The fund is found to be in an unsound condition or in such condition as to render its future transaction of business in this state hazardous to its members and their employees.
Before the Secretary of State shall revoke, suspend, or refuse to issue or renew the certificate ot authority ot any tund, he shall give the fund an opportunity to be fully heard and to introduce evidence in its behalf. In lieu of revoking, suspending, or refusing to issue or renew the certificate of authority ot any tund tor any of the causes enumerated in this section, after hearing as herein provided, the Secretary of State may place the fund and its administrator on probation for a period ot time not to exceed one year or may tine such fund not more than $ 1,000.00 tor each offense, or both when, in his judgment, he finds that the public interest and the interests ot the fund's members and their employees would not be harmed bv the continued operation of the fund. The amount of any such penalty shall be paid by such fund to the Secretary of State for the use of the state. At any hearing provided bv this section, the Secretary of State shall have authority to administer oaths to witnesses. Anyone testifying falsely, after having been administered such oath, shall be subject to the penalty of perjury.
(bl No fund shall be voluntarily dissolved or otherwise voluntarily cease to function without having first obtained the written approval of the Secretary ot State and a determination s having

GEORGIA LAWS 1980 SESSION

1705

been made by the Secretary of State that all claims and other legal obligations of the fund have been paid or that adequate provisions for such payment have been made.
114-623a. Fiduciary responsibilities. Any trustee, officer, or administrator of a fund who receives, collects, disburses, or invests funds in connection with the activities of such organization shall be responsible for such funds in a fiduciary relationship to the fund.
114-624a. Prohibited pecuniary interest of officials, (a) Any officer or trustee or administrator or any member of any committee or an employee of a fund who is charged with the duty of investing or handling the fund's assets shall not deposit or invest such assets except in the name of the fund; shall not borrow the assets of such fund; shall not be pecuniarily interested in any loan, pledge of deposit, security, investment, sale, purchase, exchange, reinsurance, or other similar transaction or property of such fund; or shall not take or receive to his or her own use any fee, brokerage, commission, gift, or other consideration for or on account of any such transaction made by or on behalf of such fund.
(b) No fund shall guarantee any financial obligation of any of its officers, trustees, or administrators.
(c) This section shall not prohibit such a trustee or officer or member of a committee or employee thereof from being covered by the fund as an employee of a member and enjovine the usual rights so provided for employees of members.
(d) The Secretary of State shall by regulation define and permit additional exceptions to the prohibition contained in subsection (a) of this section solelv to enable pavment of reasonable compensation to a trustee or administrator who is not otherwise an officer or employee of the fund, or to a corporation or firm in which a trustee or administrator is interested, for necessary services performed or sales or purchases made to or for the fund in the ordinary course of the fund's business and in the usual private professional or business capacity of such trustee or administrator or of such corporation or firm.
114-625a. Unfair trade practices. The provisions of Chapter 56-7 of the Georgia Insurance Code applicable to `insurers' shall

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GENERAL ACTS AND RESOLUTIONS, VOL. I

apply to `funds,' as defined in this chapter; and, for the purpose of determining whether a violation of Chapter 56-7 has occurred, a `member,' as defined in this chapter, and its employees shall be deemed to be `insureds' or `policyholders,' as used in Chapter 56-7, whichever is applicable. In enforcing the provisions of this section, the Secretary of State shall be deemed to possess the same powers and be subject to the same restrictions as those applicable to the Insurance Commissioner under said Code Chapter 56-7.
114-626a. Taxes. The same taxes provided for in Chapter 56-13 applicable to property and casualty insurers shall apply to and shall be imposed upon each fund established by a trade association or professional association or group of hospital authorities pursuant to the provisions of this chapter; and such funds shall also be entitled to the same tax deductions, reductions, abatements, and credits that such property and casualty insurers are entitled to receive. Nothing contained in this section shall be deemed to require any funds comprised of municipalities, counties, or school boards to pay any state or local taxes.
114-627a. Nontaxability of funds comprised of municipalities, counties, and school boards. Funds comprised of municipalities, counties, and school boards shall be exempt from all state and local taxes and fees, except as provided for in this chapter.
114-628a. Examinations. The Secretary of State shall have the authority to require and conduct periodic examinations to verify the solvency of funds in the same manner and under the same conditions as insurers are examined under Chapter 56-2 of the Insurance Code.
114-629a. Rules and regulations. The Secretary of State shall have authority to promulgate rules and regulations to effectuate the provisions of this chapter.
114-630a. Funds not deemed to be insurers. Notwithstanding any provisions of this chapter which might be construed to the contrary, no fund shall be considered as an insurer for the purposes of Georgia Code Title 56 except for the limited purposes of referencing provided for herein and specifically no such funds shall be considered to be an insurer for the purposes of the `Georgia Insurance Insolvency Pool Act,' Ga. Laws 1970, p. 700, as now or hereafter

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amended, or for the purposes of any other laws of the State of Georgia which relate to insurers or insurance companies.
114-63la. Service of process; venue of suits against funds. Except as otherwise provided herein, service of process and venue shall be governed by the applicable provisions of Code Title 3, relative to actions, and by Code Title 22, relative to corporations.
114-63 2a. Construction. Nothing within this chapter shall be construed to apply to employers who elect to self-insure individually for workers' compensation pursuant to Code Section 114-602 and the rules of the State Board of Workers' Compensation or to any reciprocal agreements or contracts of indemnity executed prior to March 8, 1960, creating funds for the purpose of satisfying the obligations of self-insured employers under the `Workmen's Compensation Act of Georgia.'"
Section 2. This Act shall become effective on July 1, 1981, except that no fund shall commence operations under this chapter prior to January 1, 1982.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved April 8, 1980.

GEORGIA PUBLIC REVENUE CODE AMENDED TAX DEFERRAL FOR THE ELDERLY.
Code Title 91A Amended.
No. 1399 (Senate Bill No. 469).
AN ACT
To amend Code Title 91 A, known as the Georgia Public Revenue Code, so as to authorize a program of homestead ad valorem

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GENERAL ACTS AND RESOLUTIONS, VOL. I

tax deferrals for the elderly; to provide a short title; to define certain terms; to provide conditions and limitations; to provide for payment of interest; to create a lien for deferred taxes and interest; to specify application procedures; to require certain notices; to provide for when deferred taxes are due and payable; to authorize prepayments; to prohibit certain clauses and provisions in certain instruments and agreements; to provide for construction; to specify penalties; to provide for other matters relative to the foregoing; to provide for severability; to provide for application; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Title 91 A, known as the Georgia Public Revenue Code, is hereby amended bv adding a new Chapter after Code Chapter 91A-23, to be designated Code Chapter 91A-24, to read as follows:
"CHAPTER 91A-24. TAX DEFERRAL FOR THE ELDERLY
91A-2401. Short title. This Chapter shall be known and may be cited as the `Tax Deferral for the Elderly Act.'
91A-2402. Definitions. As used in this Chapter:
(a) `Household' means a person or group of persons living together in a room or group of rooms as a housing unit.
(b) `Gross household income' means all income from wherever or whatever source derived for all persons residing within the homestead including, but not limited to. the following sources:
(1) Compensation for services, including fees, commissions, and similar items.
(2) Gross income derived from business.
(3) Gains derived from dealings in property.
(4) Interest.

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(5) Rents.
(6) Royalties.
(7) Dividends.
(8) Alimony and separate maintenance payments.
(9) Income from life insurance and endowment contracts.
(10) Annuities.
(11) Pensions.
(12) Income from discharge of indebtedness.
(13) Distributive share of partnership gross income.
(14) Income from an interest in an estate or trust.
(15) Federal old-age, survivor, or disability benefits.
91A-2403. Homestead tax deferral for the elderly; conditions, (a) Any person aged 62 or older who is entitled to claim a homestead exemption pursuant to Code Section 91A-1110 may elect to defer payment of all or any part of the ad valorem taxes levied on his homestead by filing an annual application for tax deferral with the county tax collector or tax commissioner on or before April 1 of the year for which the deferral is sought. If the homestead for which a deferral is requested has an assessed value, for the purposes of ad valorem taxes, of $50,000.00 or more, the deferral may apply only to the taxes on that portion of the assessed value which is $50,000.00 or less.
(b) It shall be the burden of each applicant to demonstrate affirmatively his compliance with the requirements of this Chapter.
91A-2404. Limitations upon grant of tax deferral. No tax deferral shall be granted pursuant to Section 91A-2403:
(a) If the total amount of deferred taxes and interest plus the total amount of all other unsatisfied liens on the homestead exceeds 85 percent of the fair market value of the homestead.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(b) If the applicant's gross household income for the immediately preceding calendar year exceeds $ 15,000.00.
(c) If the property for which the deferral is claimed is subject to any lien, the terms of which are dictated by federal law, rule, or regulation prohibiting deferral of taxes.
(d) With respect to taxes levied by the State or to retire bonded indebtedness or for special assessments.
91A-2405. Interest on amount of deferred taxes. The amount of taxes and interest deferred pursuant to this Chapter shall accrue interest until paid at three-fourths of the rate specified in Code Section 91A-239.2.
91A-2406. Deferred taxes to constitute lien. The taxes and interest deferred pursuant to this Chapter shall constitute a prior lien and shall attach as of the date and in the same manner and be collected as other liens for taxes, as provided for under this Title, but such deferred taxes shall only be due, payable, and delinquent as provided in this Chapter.
91A-2407. Homestead tax deferral; application; oath, (a) The application for deferral shall be made upon a form prescribed by the Department and furnished by the county tax collector or tax commissioner. The application form shall advise the applicant of the manner in which interest is computed. Each application form shall contain an explanation of the conditions to be met for approval and the conditions under which deferred taxes and interest become due, payable, and delinquent. Each application shall clearly state that all deferrals pursuant to this Chapter shall constitute a lien on the applicant's homestead.
(b) A form of oath shall be provided and shall be administered to the person seeking the deferral. The oath may be administered by the tax receiver, tax commissioner, any authorized deputy of the tax receiver or tax commissioner, or any person authorized by law to administer oaths.
(c) (1) The tax collector or tax commissioner shall consider each annual application for homestead tax deferral within 30 days of the day the application is filed or as soon as practicable

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thereafter. If the tax collector or tax commissioner finds that the applicant is entitled to the tax deferral, he shall approve the application and file the application in the permanent records. If the tax collector or tax commissioner finds the applicant is not entitled to the deferral,rhe shall send a notice of disapproval within 30 days of the filing of the application, giving his reasons therefor to the applicant, either by personal delivery or by registered mail to the mailing address given by the applicant, and shall make return in the manner in which such notice was served upon the applicant upon the original notice thereof and file among the permanent records of his office. The original notice of disapproval sent to the applicant shall advise the applicant of his right to appeal the decision of the tax collector or tax commissioner to the board of tax assessors and shall inform the applicant of the procedure for filing such an appeal.
(2) Appeals of the decision of the tax collector or tax commissioner to the board of tax assessors shall be in writing on a form prescribed by the Department and furnished by the tax collector or tax commissioner. Such appeal shall be filed with the board within 20 days after the applicant's receipt of the notice of disapproval. The board shall review the application and evidence presented to the tax collector or tax commissioner upon which the applicant based his claim for tax deferral and, at the election of the applicant, shall hear the applicant in person, or by agent on his behalf, on his right to homestead tax deferral. The board of tax assessors shall reverse the decision of the tax collector or tax commissioner and grant homestead tax deferral to the applicant, if in its judgment the applicant is entitled thereto, or affirm the decision of the tax collector or tax commissioner. Such action of the board of tax assessors shall be final unless the applicant, tax collector, tax commissioner, or other lienholder, within 15 days from the date of disapproval of the application by the board, files an appeal with the county board of equalization.
(d) Each application shall contain a list of, and the current value of, all outstanding liens on the applicant's homestead.
(e) If such proof has not been furnished with a prior application, each applicant shall furnish proof of fire and extended coverage insurance in an amount which is in excess of the sum of all

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GENERAL ACTS AND RESOLUTIONS, VOL. I

outstanding liens and deferred taxes and interest with a loss payable clause to the county tax collector or tax commissioner.
(f) The tax collector or tax commissioner shall notify the board of tax assessors in writing of those parcels for which taxes have been deferred.
91A-2408. Annual notification to property owner. On or before November 1 of each year, the tax collector or tax commissioner shall notify each property owner to whom a tax deferral has been previously granted of the accumulated sum of deferred taxes and interest outstanding.
91A-2409. Change in ownership or use of property, (a) In the event that there is a change in use of tax-deferred property such that the owner is no longer entitled to claim homestead exemption for such property pursuant to Section 91A-1110, or such person fails to maintain the required fire and extended insurance coverage, the total amount of deferred taxes and interest for all previous years shall be due and payable November 1 of the year in which the change in use occurs or on the date failure to maintain insurance occurs and shall be delinquent on April 1 of the year following the year in which the change in use or failure to maintain insurance occurs.
(b) In the event that there is a change in ownership of taxdeferred property, the total amount of deferred taxes and interest for all previous years shall be due and payable on the date the change in ownership takes place and shall be delinquent on April 1 following that date. When, however, the change in ownership is to a surviving spouse and such spouse is eligible to claim homestead exemption on such property pursuant to Section 91A-1110, such surviving spouse may continue the deferment of previously deferred taxes and interest pursuant to the provisions of this Chapter.
(c) During any year in which the total amount of deferred taxes, interest, and all other unsatisfied liens on the homestead exceeds 85 percent of the fair market value of the homestead, the tax collector or tax commissioner shall immediately notify the owner of the property on which taxes and interest have been deferred that the portion of taxes and interest which exceeds 85 percent of the value of the homestead shall be due and payable within 30

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days of receipt of the notice. Failure to pay the amount due shall cause the total amount of deferred taxes and interest to become delinquent.
(d) Each year, upon notification, each owner of property on which taxes and interest have been deferred shall submit to the tax collector or tax commissioner a list of, and the current value of, all outstanding liens on the owner's homestead. Failure to respond to this notification within 30 days shall cause the total amount of deferred taxes and interest to become payable within 30 days.
91A-2410. Prepayment of deferred taxes, (a) All or part of the deferred taxes and accrued interest may at any time be paid to the tax collector or tax commissioner by:
(1) The owner of the property or the spouse of the owner.
(2) The next of kin of the owner, heir of the owner, child of the owner, or any person having or claiming a legal or equitable interest in the property, provided no objection is made by the owner within 30 days after the tax collector or tax commissioner notifies the owner of the fact that such payment has been tendered.
(b) Any partial payment made pursuant to this Section shall be applied first to accrued interest.
91A-2411. Distribution of payments. When any deferred taxes or interest is collected, the tax collector or tax commissioner shall maintain a record of the payment, setting forth a description of the property and the amount of taxes or interest collected for such property. The tax collector or tax commissioner shall distribute payments received to the local taxing jurisdictions to whom the taxes and interest are owed.
91A-2412. Prohibition on clauses preventing application for deferral; clauses void. Except with respect to requirements dictated by federal law, rule, or regulation, no mortgage, deed to secure debt, or other agreement may contain a provision, clause, or statement which prohibits the owner from claiming a real property tax deferral on his homestead. Any such provision, clause, or statement executed on and after the effective date of this Section is void and is not enforceable.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

91A-2413. Construction. Nothing in this Chapter shall be construed to prevent the collection of personal property taxes which become a lien against tax-deferred property.
91A-2414. Penalties, (a) The following penalties shall be imposed on any person who willfully files information required under Sections 91A-2403 and 91A-2409 which is incorrect:
(1) Such person shall pay the total amount of taxes and interest deferred, which amount shall immediately become due;
(2) Such person shall be disqualified from filing a homestead tax deferral application for the next three years; and
(3) Such person shall pay a penalty of 25 percent of the total amount of taxes and interest deferred.
(b) Any person against whom the penalties prescribed in this Section have been imposed may appeal the penalties imposed to the county board of tax assessors within 30 days after the penalties are imposed.
91A-2415. Payment by holder of deed to secure debt. If any holder of a deed to secure debt or mortgagee shall elect to pay the taxes when an applicant qualifies for tax deferral, then such election shall not give the holder of the deed or mortgagee the right to foreclose."
Section 2. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 3. This Act shall become effective upon its approval by the Governor or upon its otherwise becoming a law without his approval and shall apply to all tax years beginning on or after January 1, 1982.

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Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved April 8, 1980.

LOCAL GOVERNMENT INVESTMENT POOL ACT.
No. 1400 (Senate Bill No. 470).
AN ACT
To provide for the investment of idle public funds of local governments; to provide a short title; to state findings and purpose; to define certain terms; to authorize certain investments of local funds; to place certain conditions upon investment of local funds; to authorize interfund pooling under certain circumstances; to authorize state assistance; to create a local government investment pool within state government; to provide for administration of the pool; to authorize the promulgation of certain rules and regulations; to provide for investment of funds in the pool; to specify procedures; to provide for payments of accumulated income; to specify certain powers of the director, Fiscal Division, Department of Administrative Services; to provide for other matters relative to the foregoing; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Short title. This Act shall be known and may be cited as the "Local Government Investment Pool Act."
Section 2. Findings and purpose, (a) The General Assembly finds that the public interest is served by maximum and prudent investment of idle public funds so that the need for taxes and other public revenues is decreased commensurately with the earnings on such investments.

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GENERAL ACTS AND RESOLUTIONS, VOL. 1

(b) The purpose of this Act is to secure the maximum public benefit from the deposit and investment of public funds and, in furtherance of such purposes, to:
(1) Authorize the State Depository Board to establish and maintain a continuing statewide policy for the deposit and investment of public funds under its control.
(2) Establish a state administered pool for the investment of local government funds.
(3) Authorize the investment of local public funds through the local government investment pool created by this Act.
(c) The General Assembly finds that the objectives of this Act will best be obtained through improved money management, emphasizing the primary requirements of safety and liquidity and recognizing the different investment objectives of operating and permanent funds and the effect of the investment of public funds within the state or its localities upon respective state and local social and economic conditions.
Section 3. Definitions. As used in this Act:
(1) "Depository institution" means any commercial bank or trust company, mutual savings bank, savings and loan association, or building and loan association existing under the laws of this state or of the United States and domiciled in this state.
(2) "Local government" means any municipality, county, school district, special district, or other political subdivision of this state.
Section 4. Investment authority, (a) Subject to the procedures set forth in this Act, the governing authority of any local government may invest and reinvest any money subject to its control and jurisdiction in:
(1) Obligations of this state or of other states.
(2) Obligations issued by the United States.

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(3) Obligations fully insured or guaranteed bv the United States or a United States government agency.
(4) Obligations of any corporation of the United States government.
(5) Prime bankers'acceptances.
(6) The local government investment pool established by Section 8 of this Act.
(7) Repurchase agreements.
(8) Obligations of other political subdivisions of this state.
(b) The governing authority of any local government, bv resolution or ordinance, may delegate the investment authority provided under subsection (a) of this section to the treasurer or other financial officer charged with custody of the funds of the local government.
(c) In selecting among avenues of investment, or among institutional bids for deposits, the highest rate of return shall be the objective, given equivalent conamons ot saretv ana nauiaitv.
(d) The provisions of this section in no wav shall impair the power of a unit of local government to hold funds in deposit accounts with eligible depository institutions.
Section 5. Collateral conditions. Local governments shall require from a depository institution a pledge of collateral as provided in Code Chanter 89-8.
Section 6. Interfund pooling for investment purposes, (al Local governments mav effect, and are encouraged to effect, temporary transfers among separate funds for the purpose of pooling amounts available for investment.
(b) This pooling may be accomplished through interfund advances and other appropriate means consistent with recognized principles of governmental accounting if:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(1) Moneys are available for the investment period required;
(2) The investment fund can repay the advance by the time needed;
(3) The transactions are fully and promptly recorded;
(4) The interest earned is credited to the loaning or advancing fund; and
(5) The transaction does not violate Section 8(d) of this Act with respect to prior agreements, laws, or covenants which may restrict pooling.
Section 7. State technical assistance and review. The State Depository Board through the director, Fiscal Division, Department of Administrative Services, may assist local governments in developing effective cash management policies and in investing funds that are temporarily in excess of operating needs by;
(a) Explaining investment opportunities provided by the local government investment pool to local governments through publications and other appropriate means.
(b) Informing local governments of the state's practice and experience in investing short-term funds.
(c) Providing technical assistance in consultation with the Department of Community Affairs in the investment of idle funds to municipalities and counties that request such assistance.
Section 8. Local government investment pool, (a) A local government investment pool is created to consist of the aggregate of all funds from local governments that are placed in the custody of the state for investment and reinvestment as provided in this Act.
(b) (1) The investment policies for the local government investment pool shall be established by the State Depository Board.

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(2) The director, Fiscal Division, Department of Administrative Services, shall administer the local government investment pool on behalf of the participating local governments.
(3) The director shall develop such procedures consistent with the policies outlined in Section 8(b)(1), as he deems necessary for the efficient administration of the pool including, but not limited to:
(A) Specification of minimum amounts which may be deposited in the pool and minimum periods of time for which deposits shall be retained in the pool.
(B) Payment of amounts equivalent to administrative expenses from the earnings of the pool.
(C) Distribution of the earnings in excess of such expenses, or allocation of losses, to the several participants in a manner which equitably reflects the differing amount of their respective investments and the differing periods of time for which such amounts were in the custody of the pool.
(D) Procedures for the deposit and withdrawal of funds.
(c) The director shall invest moneys in the local government investment pool with the degree of judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering first the probable safety of their capital and then the probable income to be derived. Specifically, the types of authorized investments for pool assets shall be limited to those set forth for local governments in Section 4 of this Act.
(d) (1) The governing authority of any local government having funds which are available for investment and which are not required by law or by any covenant or agreement with bondholders or others to be segregated and invested in a different manner may direct its financial officer to remit such funds to the director for investment as part of the local government investment pool.

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GENERAL ACTS AND RESOLUTIONS. VOL. I

(2) Upon determination by the local governing authority that it is in the best interest of the local government to deposit funds in the investment pool, it shall adopt and file with the director a certified copv of a resolution or ordinance authorizing investment of its funds in the investment pool. The resolution or ordinance shall name the local government official or officials responsible for deposit and withdrawal of such funds.
(3) The resolution or ordinance filed with the director shall be accompanied by a statement as to the approximate cash tlow requirements ot the local government for the invested funds. Subsequent deposits into the investment pool shall be accompanied by a statement as to the intended duration of the investment or the anticipated date of withdrawal of the funds from the pool.
(e) A separate account designated by name or number for each participant in the fund shall be kept to record individual transactions and totals of all investments belonging to each participant. A monthly report showing the changes in investments made during the preceding month shall be furnished to each participant having a beneticiai interest in the investment pool. Details of anv investment transaction shall be furnished to any participant upon request.
(f) The principal and credited income of each account maintained for a participant in the investment pool shall be subject to payment at any time from the pool upon request, subject to the procedures developed in accordance with Section 8(b)(3). Accumulated income shall be credited to each participant account at least monthly.
(g) Except as provided in this section, all instruments of title of all investments of the investment pool shall remain in the custodv of the director. Fiscal Division. Department of Administrative Services. The director mav deposit with one or more fiscal agents or banks those instruments of title he considers advisable, to be held in safekeeping by the agents or banks for collection of the principal and interest or other income, or of the proceeds of sale. The director shall collect the principal and interest or other income from investments ot the investment pool, the instruments of title to which are in his custodv. when due and payable.

GEORGIA LAWS 1980 SESSION

1721

(h) In the event of default in the payment of principal or interest or other income of anv investment of the investment pool, the director may:
(11 Institute the proper proceedings to collect the matured Drincinal or interest or other income.
(21 Accept for exchange purposes refunding bonds or other evidences of indebtedness at interest rates to be agreed upon by the director and the obligor.
(3) Make compromises, adjustments, or disposition of the matured principal or interest or other income as the director considers advisable for the purpose of protecting the moneys invested.
(4) Make compromises or adjustments as to future payments of principal or interest or other income as the director considers advisable for the purpose of protecting the moneys invested.
(i) No pavment may be issued upon anv account in an amount greater than the sum total of the particular account to which it applies. If such payment is issued, the director shall be personally liable under his official bond for the entire overdraft resulting from the payment if made.
(il Subject to the objectives and requirements of this section, the director shall formulate procedures for the investment and reinvestment of funds in the investment pool and the acquisition, retention, management, and disposition of investments of the investment pool.
(kl Funds in the local government investment pool mav be consolidated with state funds under the control of the director for investment purposes provided that accurate and detailed accounting records are maintained for the funds of each participating local government and that a proportionate amount of interest earned is credited to the local government investment oooi and the accounts fhprpin
(11 The provisions ot this section shall become effective onlv when funds are appropriated bv the General Assembly or otherwise

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become available to the department to defray the initial costs in establishing the pool authorized by this section.
Section 9. Severability. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 10. Effective date. This Act shall become effective January 1, 1981.
Section 11. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved April 8, 1980.

REVIEW OF ASSESSMENTS BY COUNTY BOARD OF EQUALIZATION.
Code Section 91 A-1449 Amended.
No. 1401 (House Bill No. 62).
AN ACT
To amend Code Section 91 A-1449, relating to review of assessments, so as to place certain limitations upon appeals by a county board of tax assessors of decisions of a county board of equalization; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 91 A-1449, relating to review of assessments, is hereby amended by striking in its entirety paragraph (1) of subsection (f) thereof and substituting in lieu thereof a new paragraph (1) to read as follows:
"(1) The taxpayer or, except as otherwise provided in this paragraph, the county board of tax assessors may appeal decisions of the county board of equalization to the superior court of the county in which the property lies. A county board of tax assessors may not appeal a decision of the county board of equalization changing an assessment by 15 percent or less unless the board of tax assessors gives the county governing authority a written notice of its intention to appeal and, within 10 days of receipt of the notice, the county governing authority by majority vote does not prohibit the appeal. In the case of a joint city-county board of tax assessors such notice shall be given to the city and county governing authorities, either of which may prohibit the appeal within the allowed period of time."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved April 8, 1980.

GEORGIA HISTORIC PRESERVATION ACT.
No. 1402 (House Bill No. 457).
AN ACT
To establish a uniform procedure for use by counties and municipalities of this state in enacting certain ordinances relative to historic sites and structures; to provide for a short title; to provide for the legislative purpose; to provide for definitions; to provide for the appointment or designation of historic preservation commissions; to provide for the powers of historic preservation commissions; to pro-

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GENERAL ACTS AND RESOLUTIONS, VOL. I

vide for the designation by ordinance of historic properties or historic districts: to provide for the issuance of certificates of appropriateness to make certain changes in the appearance of certain historic properties; to provide procedures for the review of applications for certificates of appropriateness; to provide that certain changes in historic properties shall not be prohibited; to provide penalties; to provide for judicial remedies; to provide for exemptions; to provide for other matters relative to the foregoing; to provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia;
Section 1. Short title. This Act shall be known and may be cited as the "Georgia Historic Preservation Act."
Section 2. Legislative purpose. In support and furtherance of its findings and determination that the historical, cultural, and aesthetic heritage of this state is among its most valued and important assets and that the preservation of this heritage is essential to the promotion of the health, prosperity, and general welfare of the people.
In order to stimulate the revitalization of central business districts in Georgia municipalities;
In order to protect and enhance Georgia's historical and aesthetic attractions to tourists and visitors and thereby promote and stimulate business in Georgia's cities and counties;
In order to encourage the acquisition by cities and counties ot facade and conservation easements pursuant to the "Facade and Conservation Easements Act of 1976"; and
in order to enhance the opportunities for federal tax relief ot Georgia property owners under the relevant provisions of the "Tax Reform Act of 1976" allowing tax deductions for rehabilitation of certified historic structures (26 U.S.C.A. Section 191), the General Assemblv hereby declares it to be the purpose and intent of this Act to establish a uniform procedure for use bv each county, and by each municipality in the state, in enacting ordinances providing for the protection, enhancement, perpetuation, ana use of places, ais-

GEORGIA LAWS 1980 SESSION

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tricts, sites, buildings, structures, and works of art having a special historical, cultural, or aesthetic interest or value in accordance with the provisions of this Act.
Section 3. Definitions. As used in this Act, unless the context clearly requires otherwise, the following terms shall have the meanings hereinafter provided:
(1) "Certificate of appropriateness" means a document evidencing approval by a historic preservation commission of a proposal to make a material change in the appearance of a designated historic property or of a structure, site, or work of art located within a designated historic district, which document must be obtained before such material change may be undertaken.
(2) "Designation" means a decision by the local governing body of the municipality or county wherein a property or district proposed for preservation is located to designate such property or district as a "historic property" or as a "historic district" and thereafter prohibit all material changes in appearance of such property or within such district prior to the issuance of a certificate of appropriateness by the historic preservation commission.
(3) "Exterior architectural features" means the architectural style, general design, and general arrangement of the exterior of a building or other structure, including but not limited to the kind or texture of the building material, and the type and style of all windows, doors, signs, and other appurtenent architectural fixtures, features, details, or elements relative to the foregoing.
(4) "Historic district" means a geographically definable area, urban or rural, which contains structures, sites, works of art, or a combination thereof which:
(A) have special character or special historical or aesthetic interest or value; and
(B) represent one or more periods or styles of architecture typical of one or more eras in the history of the municipality, county, state, or region; and

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(C) cause such area, by reason of such factors, to constitute a visibly perceptible section of the municipality or county.
(5) "Historic property" means a structure, site, or work of art, including the adjacent area necessary for the proper appreciation or use thereof, deemed worthy of preservation by reason of its value to the municipality, county, state, or region for one or more of the following reasons:
(A) it is an outstanding example of a structure representative of its era; or
(B) it is one of the few remaining examples of a past architectural style; or
(C) it is a place or structure associated with an event or person of historic or cultural significance to the municipality, county, state, or region; or
(D) it is a site of natural or aesthetic interest that is continuing to contribute to the cultural or historical development and heritage of the municipality, county, state, or region.
(6) "Local governing body" means the elected governing body or governing authority of any municipality or county of this state.
(7) "Material change in appearance" means a change that will affect only the exterior architectural features of a historic property or of any structure, site, or work of art within a historic district and may include any one or more of the following:
(A) a reconstruction or alteration of the size, shape, or facade of a historic property, including relocation of any doors or windows or removal or alteration of any architectural features, details, or elements;
(B) demolition of a historic property;

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(C) commencement of excavation;
(D) a change in the location of advertising visible from the public way on any historic property; or
(E) the erection, alteration, restoration, or removal of any building or other structures within a designated historic district, including walls, fences, steps, and pavements, or other appurtenant features except exterior paint alterations.
(8) "Commission" means a historic preservation commission created or established pursuant to the provisions of Section 4 of this Act.
(9) "Historic preservation jurisdiction" in the case of a county means the unincorporated area of such county and in the case of a municipality such term means the area within the corporate limits of such municipality.
(10) "Person" includes any natural person, corporation, or unincorporated association.
Section 4. Appointment or designation of historic preservation commission, (a) The local governing body of a municipality or county electing to enact an ordinance to provide for the protection, enhancement, perpetuation, or use of historic properties or historic districts shall establish or designate a historic preservation commission. Such local governing body shall determine the number of members of the commission, which shall be at least three, and the length of their terms, which shall be no greater than three years. A majority of the members of any such commission shall have demonstrated special interest, experience, or education in history or architecture; all the members shall reside within the historic preservation jurisdiction of their respective municipality or county, except as otherwise provided by subsection (b) hereof; and all shall serve without compensation. In establishing such a commission and making appointments to it, a local governing body may seek the advice of any state or local historical agency, society, or organization.
(b) The local governing body of a county and the local governing body or bodies of one or more municipalities lying wholly or partially within such county may establish or designate a joint his-

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GENERAL ACTS AND RESOLUTIONS, VOL. I

toric preservation commission. If a joint commission is established, the local governing bodies of the county and municipality or municipalities involved shall determine the residence requirements for members of said joint commission.
Section 5. Powers of historic preservation commission. Any municipal, county, or joint historic preservation commission appointed or designated pursuant to the provisions of Section 4 of this Act shall be authorized to:
(a) Prepare an inventory of all property within its respective historic preservation jurisdiction having the potential for designation as historic property;
(b) Recommend to the municipal or county local governing body specific places, districts, sites, buildings, structures, or works of art to be designated by ordinance as historic properties or historic districts;
(c) Review applications for certificates of appropriateness and grant or deny same in accordance with the provisions of Section 8 of this Act;
(d) Recommend to the municipal or county local governing body that the designation of any place, district, site, building, structure, or work of art as a historic property or as a historic district be revoked or removed;
(e) Restore or preserve any historic properties acquired by the municipality or county;
(f) Promote the acquisition by the city or county governing authority of facade easements and conservation easements in accordance with the provisions of the "Facade and Conservation Easements Act of 1976" (Ga. Laws 1976, p. 1181);
(g) Conduct an educational program on historic properties located within its historic preservation jurisdiction;
(h) Make such investigations and studies of matters relating to historic preservation as the local governing body or the commission itself may, from time to time, deem necessary or appropriate for the purposes of this Act;

GEORGIA LAWS 1980 SESSION

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(i) Seek out state and federal funds for historic preservation and make recommendations to the local governing body concerning the most appropriate use of any funds acquired;
(j) Consult with historic preservation experts in the Historic Preservation Section of the Department of Natural Resources or its successor and the Georgia Trust for Historic Preservation, Inc.; and
(k) Submit to the Historic Preservation Section of the Department of Natural Resources or its successor a list of historic properties or historic districts designated as such pursuant to Section 6 of this Act.
Section 6. Designation by ordinance of historic properties or historic districts, (a) Ordinances designating historic properties or historic districts adopted by local governing bodies shall be subject to the following requirements:
(1) Any ordinance designating any property as historic property or any district as a historic district shall require that the designated property or district be shown on the official zoning map of the county or municipality adopting such ordinance or that, in the absence of an official zoning map, be shown on a map of the county or municipality adopting such ordinance and kept by the county or municipality as a public record to provide notice of such designation in addition to other notice requirements specified by this section.
(2) Any ordinance designating any property as historic property shall describe each property to be designated, set forth the name or names of the owner or owners of the property, and require that a certificate of appropriateness be obtained from the historic preservation commission prior to any material change in appearance of the designated property.
(3) Any ordinance designating any district as a historic district shall include a description of the boundaries of such district, list each property located therein, set forth the name or names of the owner or owners of each such property, and require that a certificate of appropriateness be obtained from the historic preservation commission prior to any material change in appearance of any structure, site, or work of art located within ss the designated historic district.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(b) No ordinance designating any property as a historic property, and no ordinance designating any district as a historic district, nor any amendments thereto, may be adopted by the local governing body, nor may any property be accepted or acquired as historic property by said local governing body, until the following procedural steps have been taken:
(1) The commission shall make or cause to be made an investigation and report on the historic, cultural, architectural, or aesthetic significance of each place, district, site, building, structure, or work of art proposed for designation or acquisition. This report will then be submitted to the Historic Preservation Section of the Department of Natural Resources or its successor which will be allowed 30 days to prepare written comments concerning said report.
(2) The commission and the local governing body shall hold a public hearing on the proposed ordinance. Notice of the hearing shall be published at least three times in the principal newspaper of general circulation within the municipality or county in which the property or properties to be designated or acquired are located, and written notice of the hearing shall be mailed by the commission to all owners and occupants of such properties. All such notices shall be published or mailed not less than ten nor more than 20 days prior to the date set for the public hearing.
(3) Following the public hearing, the local governing body may adopt the ordinance as prepared, adopt the ordinance with any amendments it deems necessary, or reject the proposal.
(c) Within 30 days immediately following the adoption of the ordinance, the owners and occupants of each designated historic property and the owners and occupants of each structure, site, or work of art located within a designated historic district, shall be given written notification of such designation by the local governing body, which notice shall apprise said owners and occupants of the necessity for obtaining a certificate of appropriateness prior to undertaking any material change in the appearance of the historic property designated or within the historic district designated.

GEORGIA LAWS 1980 SESSION

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Section 7. Certificate of appropriateness required, (a) After the designation by ordinance of a historic property or of a historic district, no material change in the appearance of such historic property or of a structure, site, or work of art within such historic district shall be made or be permitted to be made by the owner or occupant thereof unless and until application for a certificate of appropriateness has been submitted to and approved by the commission. Such application shall be accompanied by such drawings, photographs, or plans as may be required by the commission.
(b) The Georgia Department of Transportation and contractors (including cities and counties) performing work funded by the Georgia Department of Transportation are exempt from the provisions of this Act and local governments are exempt from the requirement of obtaining certificates of appropriateness; however, local governments shall notify the commission 45 days prior to beginning an undertaking that would otherwise require a certificate of appropriateness and allow the commission an opportunity to comment.
Section 8. Procedure for review of applications, (a) Prior to reviewing an application for a certificate of appropriateness, the commission shall take such action as may reasonably be required to inform the owners of any property likely to be affected materially by the application and shall give the applicant and such owners an opportunity to be heard. In cases where the commission deems it necessary, it may hold a public hearing concerning the application.
(b) The commission shall approve the application and issue a certificate of appropriateness if it finds that the proposed material change in appearance would not have a substantial adverse effect on the aesthetic, historical, or architectural significance and value of the historic property or the historic district. In making this determination, the commission shall consider, in addition to any other pertinent factors, the historical and architectural value and significance, architectural style, general design, arrangement, texture, and material of the architectural features involved and the relationship thereof to the exterior architectural style and pertinent features of other structures in the immediate neighborhood.
(c) In its review of applications for certificates of appropriateness, the commission shall not consider interior arrangement or use having no effect on exterior architectural features.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(d) The commission shall approve or reject an application for a certificate of appropriateness within not more than 45 days after the filing thereof by the owner or occupant of a historic property or of a structure, site, or work of art located within a historic district. Evidence of approval shall be by certificate of appropriateness issued by the commission. Failure of the commission to act within said 45 days shall constitute approval, and no other evidence of approval shall be needed.
(e) In the event the commission rejects an application, it shall state its reasons for doing so and shall transmit a record of such action and reasons therefor, in writing, to the applicant. The commission may suggest alternative courses of action it thinks proper if it disapproves of the application submitted. The applicant, if he or she so desires, may make modifications to the plans and may resubmit the application at any time after doing so.
(f) In cases where the application covers a material change in the appearance of a structure which would require the issuance of a building permit, the rejection of an application for a certificate of appropriateness by the commission shall be binding upon the building inspector or other administrative officer charged with issuing building permits and, in such a case, no building permit shall be issued.
(g) The commission may, where such action is authorized by the local governing body and is reasonably necessary or appropriate for the preservation of a unique historic property, enter into negotiations with the owner for the acquisition by gift, purchase, exchange, or otherwise of the property or any interest therein.
(h) Where, by reason of unusual circumstances, the strict application of any provision of this Act would result in exceptional practical difficulty or undue hardship upon any owner of any specific property, the commission in passing upon applications shall have power to vary or modify strict adherence to said provisions or to interpret the meaning of said provision so as to relieve such difficulty or hardship; provided such variance, modification, or interpretation shall remain in harmony with the general purpose and intent of said provisions so that the architectural or historical integrity or character of the property shall be conserved and substantial justice done. In granting variations, the commission may impose

GEORGIA LAWS 1980 SESSION

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such reasonable and additional stipulations and conditions as will, in its judgment, best fulfill the purpose of this Act.
(i) The commission shall keep a record of all applications for certificates of appropriateness and of all its proceedings.
(j) Any person adversely affected by any determination made by the commission relative to the issuance or denial of a certificate of appropriateness may appeal such determination to the governing body of the county or municipality in whose historic preservation jurisdiction the property in question is located; and such governing body may approve, modify and approve, or reject the determination made by the commission if the governing body finds that the commission abused its discretion in reaching its decision. The ordinances adopted in conformity with Section 6 of this Act shall specify the procedures for the review of decisions of the commission by the governing body of the county or municipality involved. Appeals from decisions of said governing body made pursuant to this Act may be taken to the superior court in the manner provided by law for appeals from conviction for municipal or county ordinance violations.
Section 9. Certain changes not prohibited. Nothing in this Act shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on a historic property that does not involve a material change in design, material, or outer appearance thereof, nor to prevent any property owner from making any use of his property not prohibited by other statutes, ordinances, or regulations.
Section 10. Penalties. Violations of any provisions of an ordinance adopted in conformity with this Act shall be punished in the same manner as provided by charter or local law for the punishment of violations of other validly enacted municipal or county ordinances.
Section 11. Judicial remedy. The municipal or county local governing body or the historic preservation commission shall be authorized to institute any appropriate action or proceeding in a court of competent jurisdiction to prevent any material change in appearance of a designated historic property or historic district (except in compliance with the provisions of an ordinance adopted

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GENERAL ACTS AND RESOLUTIONS, VOL. I

in conformity with this Act) or to prevent any illegal act or conduct with respect to such historic property or historic district.
Section 12. Exemptions. Cities or counties which, as of March 31, 1980, have adopted ordinances relative to planning and zoning for historic purposes, under authority granted by local constitutional amendment or by any other means, shall not be required to comply with the provisions of this Act.
Section 13. Severability. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 14. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 15. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved April 8, 1980.

GEORGIA LAWS 1980 SESSION

1735

TAXATION OF RAILROAD EQUIPMENT COMPANIES.
Code Section 91A-2209 Amended.
No. 1403 (House Bill No. 610).
AN ACT
To amend Code Section 91A-2209, relating to taxation of railroad equipment companies, so as to provide for allocation and taxation of property of such companies by local taxing jurisdictions; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 91A-2209, relating to taxation of railroad equipment companies, is hereby amended by adding a new paragraph at the end of subsection (a) thereof^ to be designated paragraph (3), to read as follows:
"(3) Then, ascertain the total track mileage in each local taxing jurisdiction in this State and tax the cars at the regular rate imposed upon property in each local taxing jurisdiction on a valuation based on the proportion to the entire value of the cars determined in paragraph (2) that the track mileage in the local taxing jurisdiction bears to the entire track mileage in this State.",
so that when so amended subsection (a) of Code Section 91A-2209 shall read as follows:
"(a) Any person owning, leasing, furnishing, or operating any kind of railroad cars, other than dining, buffet, chair, parlor, palace, or sleeping cars, on any railroad in this State shall be deemed a railroad equipment company. Every railroad equipment company shall be required to make returns to the Commissioner and shall be taxed as follows:
(1) Ascertain the total number and the value of all ca* the railroad equipment company, the total car-wheel mileage made by the cars in the United States, and the total car-wheel mileage in Georgia.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(2) Then, tax the cars at the regular rate imposed upon property in this State on a valuation based on the proportion to the entire value of the cars that the car-wheel mileage made in Georgia bears to the entire car-wheel mileage of the cars in the United States.
(3) Then, ascertain the total track mileage in each local taxing jurisdiction in this State and tax the cars at the regular rate imposed upon property in each local taxing jurisdiction on a valuation based on the proportion to the entire value of the cars determined in paragraph (2) that the track mileage in the local taxing jurisdiction bears to the entire track mileage in this State."
Section 2. This Act shall become effective January 1, 1981, and shall apply to all tax years beginning on or after January 1, 1981.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved April 8, 1980.

AD VALOREM TAXATION OF PUBLIC UTILITIES.
Code Chapter 91A-22 Amended.
No. 1404 (House Bill No. 611).
AN ACT
To amend Code Chapter 91A-22, relating to ad valorem taxation of public utilities, so as to clarify the existing law as to the application of the term "railroad equipment company," as used for certain purposes; to clarify the existing law relating to taxation of rolling stock of certain railroad companies; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for otner purposes.

GEORGIA LAWS 1980 SESSION

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Be it enacted by the General Assembly of Georgia:
Section 1. Code Chapter 91A-22, relating to ad valorem taxation of public utilities, is hereby amended by adding a new subsection at the end of Code Section 91A-2209, relating to railroad equipment companies, to be designated subsection (c), to read as follows:
"(c) For the purposes of this Section, a railroad company operating a railroad is not a railroad equipment company."
Section 2. Said Code Chapter is further amended by inserting in Code Section 91A-2210, relating to taxation of rolling stock and other personal property of railroad companies, after the words:
"operating a railroad",
the words:
"lying wholly within this State or",
so that when so amended Code Section 91A-2210 shall read as follows:
"91A-2210. Rolling stock and other personal property of railroad companies. A railroad company operating a railroad lying wholly within this State or lying partly in this State and partly in another state shall be taxed as to the rolling stock of the company and other personal property appurtenant to the rolling stock, and which is not permanently located in any of the states through which the railroad passes, on so much of the whole value of rolling stock and personal property as the length of the railroad in this State is proportional to the whole length of the railroad, without regard to the location of the head office of the railroad company."
Section 3. This Act shall become effective January 1, 1981.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved April 8, 1980.

LOCAL GOVERNMENT FINANCIAL MANAGEMENT STANDARDS.
No. 1405 (House Bill No. 776).
AN ACT
To provide for basic local government financial management standards and procedures; to specify legislative findings and intent; to provide for construction; to define certain terms; to require the establishment of fiscal years by local governments; to require the adoption of budget ordinances; to provide procedures; to authorize the appointment of budget officers; to provide for budget preparation and hearings; to require periodic audits of local governments; to require annual financial reports; to provide limitations; to provide for other matters relative to the foregoing; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Legislative findings and intent. The intent of this Act is to provide minimum budget and auditing requirements for local governments so as to provide local taxpayers with an opportunity to gain information concerning the purposes for which local revenues are proposed to be spent and are actually spent and to assist local governments in generally improving local financial management practices while maintaining, preserving, and encouraging the principle of home rule over local matters. It is the further intent of this Act to provide a mechanism through which appropriate information may be collected to assist state and local policy makers in carrying out their lawful responsibilities.

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Section 2. Construction; no impairment of home rule powers. The provisions of this Act shall not be construed so as to prohibit local governments from making authorized expenditures for any lawful purpose or from raising revenues in any manner otherwise authorized by law. It is the specific intent of the General Assembly in adopting this Act that local units of government shall continue to have and to exercise their home rule powers as provided by law.
Section 3. Definitions. As used in this Act:
(1) "Budget" is a proposed plan for raising and spending money for specified programs, functions, and activities during a fiscal year. The budget shall be prepared and organized so as clearly to reflect activities, programs, and functions by fund or funds.
(2) "Budget ordinance" or "resolution" is that governmental action which appropriates revenues for specified purposes, functions, or activities for a fiscal year. The budget ordinance or resolution shall appropriate revenues by fund.
(3) "Budget officer" is that local government official charged with budget preparation, administration, and fiscal control for the local government. The official title of the local government budget officer shall be as provided by local law, charter, ordinance, or appropriate resolution of the governing authority.
(4) "Fiscal year" or "budget year" is the period for which a budget is proposed or a budget ordinance or resolution is adopted.
(5) "Fund" is a fiscal and accounting entity with a selfbalancing set of accounts recording cash and other financial resources, together with all related liabilities and residual equities or balances, and changes therein, which are segregated for the purpose of carrying on specific activities or attaining certain objectives in accordance with special regulations, restrictions, or limitations.
(6) "Governing authority" is that official or group of officials responsible for governance of the unit of local government.

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(7) "Unit of local government," "unit," or "local government" is a municipality, county, consolidated city-county government, or other political subdivision of the state. Such terms do not include any local school district or board of education. For purposes of tbis paragraph, "county" includes any county officer who is paid in whole or in part on a salary basis and over whom the county governing authority exercises budgetary authority.
Section 4. Establishment of fiscal year; annual budget required for local governments; expenditures pursuant to budget ordinance or resolution; budget amendments authorized, (a) The governing authority shall establish by ordinance, local law, or appropriate resolution a fiscal year for the operations of the local government.
(b) Each unit of local government shall operate under an annual balanced budget adopted by ordinance or resolution and administered in accordance with this Act. A budget ordinance or resolution is balanced when the sum of estimated net revenues and appropriated fund balances is equal to appropriations.
(c) For each fiscal year beginning on or after January 1, 1982, each unit of local government shall adopt and utilize a budget ordinance or resolution as provided in this Act.
(d) Nothing contained in this section shall preclude a local government from amending its budget so as to adapt to changing governmental needs during the fiscal year. Amendments shall be made as follows, unless otherwise provided by charter or local law;
(1) Any increase in appropriation in any fund for a department of local government, whether accomplished through a change in anticipated revenues in any fund or through a transfer of appropriations among departments, shall require the approval of the governing authority.
(2) Transfers of appropriations in any fund among the various accounts within a department of local government shall require only the approval of the budget officer, except that transfers of appropriations within a department of local government which increases the salary appropriation shall require the approval of the governing authority.

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Section 5. Budget officers authorized, (a) Unless provided to the contrary by local charter or local Act, each local government may appoint a budget officer to serve at the will of the governing authority.
(b) In those units of local government in which there is no budget officer, the governing authority shall perform all duties of the budget officer as set forth in Section 6 of this Act.
(c) Nothing in this section shall preclude the utilization of an executive budget, under which an elected or appointed official, authorized by charter or local law and acting as the chief executive of the governmental unit, exercises the initial budgetary policymaking function, while another individual, designated as provided in this section as budget officer, exercises the administrative functions of budgetary preparation and control.
Section 6. Budget preparation and hearings, (a) By the date established by each governing authority, and in such manner and form as may be necessary to effect the provisions of this Act, and consistent with the local government's accounting system, the budget officer shall prepare a proposed budget for the local government for the ensuing fiscal year.
(b) The proposed budget shall be an estimate of the financial requirements of each department or agency, by fund, for the budget year and shall be in such form and detail, with such supporting information and justifications, as may be prescribed by the budget officer or the governing authority. The budget document, at a minimum, shall provide a statement of the amount budgeted for anticipated revenues by category and the amount budgeted for expenditures by category for the current year, including budget amendments, and the anticipated revenues and proposed expenditures for the proposed budget year.
(c) On the date established by each governing authority, the proposed budget shall be submitted to the governing authority for that body's review prior to enactment of tbe budget ordinance or resolution.
(d) On the day that the budget is submitted to the governing authority, a copy of the budget shall be placed in a public location

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which is convenient to the residents of the unit of local government. The governing authority shall make every effort to provide convenient access to the residents during reasonable business hours so as to accord every opportunity to the public to review the budget prior to adoption by the governing authority. A copy of the budget shall also be made available, upon request, to the news media.
(e) At the time of submission of the budget to the governing authority, a statement advising the residents of the local unit of government of the availability of the budget shall be published in a newspaper of general circulation in the local unit. The statement shall also give notice of the time and place of the budget hearing required by subsection (f) of this section. The statement shall be a prominently displayed advertisement or news article and, further, shall not be placed in that section of the newspaper where legal notices appear.
(f) Not later than one week prior to adoption of the budget ordinance or resolution, the governing authority shall conduct a public hearing at which time any persons wishing to be heard on the budget may appear.
(g) Nothing in this section shall be deemed to preclude the conduct of further budget hearings, if the governing body deems such hearings necessary and complies with the requirements of subsection (e) of this section.
Section 7. Budget ordinance or resolution, (a) On a date after the conclusion of the hearing required in subsection (f) of Section 6, the governing authority shall adopt a budget ordinance or resolution making appropriations for the fiscal year in such sums as the governing authority may deem sufficient, whether greater or less than the sums presented in the proposed budget. The budget ordinance or resolution shall be adopted at a public meeting which shall be advertised in accordance with the procedures set forth in subsection (e) of Section 6 not later than one week prior to the meeting.
(b) The budget may be prepared in any form that the governing authority deems most efficient in enabling it to make the fiscal policy decisions embodied in the budget but shall show anticipated revenues and appropriations by fund.

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Section 8. Audits required, (a) (1) Beginning with the local government fiscal year which ends between July 1, 1981, and June 30, 1982, the governing authority of each unit of local government having a population in excess of 1,500 persons, according to the latest estimate of population by the United States Bureau of the Census or its successor agency, or expenditures of $ 100,000.00 or more, shall provide for and cause to be made an annual audit of the financial affairs and transactions of all funds and activities of the local government for each fiscal year of the local government.
(2) The governing authority of each local unit of government not included in paragraph (1) shall provide for and cause to be made the audit required pursuant to paragraph (1) not less often than once every two fiscal years. Audits performed pursuant to this subsection shall be for both fiscal years.
(3) At the option of the governing authority, an audit may be made at a lesser interval than one year.
(b) The audits of each local government shall be conducted in accordance with generally accepted auditing standards. To the extent that the state auditor is able to provide comparable auditing services, the governing body may contract with the state auditor.
(c) All annual audit reports of local units of government shall contain at least the following:
(1) Financial statements prepared in conformity with generally accepted governmental accounting principles, setting forth the financial condition and results of operation of each fund and activity of the local government. Such financial statements shall be the representation of the local government.
(2) Audits shall contain the opinion of the performing auditor with respect to the financial statements. In addition to an explanation of any qualification or disclaimers contained in the opinion, it shall also disclose, in accordance with generally accepted audit standards, any apparent material violation of state or local law discovered during the audit.

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(d) (1) Each annual audit report of a local unit of government shall be completed, and a copy of the report forwarded to the state auditor, within 180 days after the close of the unit's fiscal year or, in the case of units provided for in subsection (a) (2), within 180 days after the close of each second fiscal year.
(2) The state auditor, for good cause shown by those local units in which an audit is in the process of being conducted, may waive the requirement for completion of the audit within 180 days.
(e) A copy of the report and of any comments made by the state auditor pursuant to subsection (f) shall be maintained as a public record for public inspection during the regular working hours at the principal office of the local government. Those units of local government not having a principal office shall provide a notification to the public as to the location of, and times during which the public may inspect, the report.
(f) A copy of the report shall be promptly forwarded, as provided in subsection (d), to the state auditor.
(g) Nothing in this Act shall be construed as authorizing the withholding of any state grants to local units of government or the withholding of any other funds held by the state to the credit of a local government.
Section 9. Annual financial reports, (a) Utilizing information contained in audit reports filed with the state auditor and other available state or federal information of public record, the Department of Community Affairs shall prepare annually a report on local government finances. The report shall be filed beginning December 1, 1982, with the Governor and Speaker of the House and President of the Senate, as well as the chief elected official of each local unit of government upon request. Subsequent reports shall be filed no later than December 1 of each year.
(b) The report shall be organized, within the limits of available resources, in such a manner as to allow for reasonable comparative analysis of local government revenues and expenditures.

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(c) The department, in addition to its other duties, shall assist local units of government in fulfilling the requirements of this Act. The department shall coordinate its technical assistance efforts with the state auditor, the University System of Georgia, the Association County Commissioners of Georgia, the Georgia Municipal Association, the Georgia Society of Certified Public Accountants, and should coordinate with any other organizations interested and currently active in local government financial management so as to ensure that coordination of training and assistance is maintained. The department may contract or subcontract with other public or private agencies to provide assistance to local units of government.
(d) Nothing contained in this section shall be construed to authorize the Department of Community Affairs to authorize or require uniform accounting standards or procedures.
Section 10. Effect on other laws and charters. The provisions of this Act shall not be construed to repeal or conflict with any law providing budgetary, fiscal, or auditing procedures more restrictive than the provisions of this Act.
Section 11. Severability. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 12. Effective date. This Act shall become effective July 1, 1980, unless otherwise provided in the Act.

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Section 13. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved April 8, 1980.

BOARD OF PHARMACY ACT AMENDED.
Code Title 79A Amended.
No. 1406 (House Bill No. 1225).
AN ACT
To amend Code Title 79A, relating to pharmacists, pharmacy, and drugs, as amended, so as to clarify the applicability of certain qualification requirements of members of the Board of Pharmacy; to change expense allowances; to authorize members of the Board of Pharmacy to succeed themselves; to provide for Pharmacy Board members to meet with Pharmacy Boards from other states and obtain expenses for this purpose; to provide for the certification of pharmacists who elect to participate in certain prescribed courses of Continuing Education; to change the definition of "dangerous drugs"; to update the dangerous drug list to 1980; to provide for the definition of Isomers; to provide a new list of hallucinogenic substances; to place the substance "Pethidine; (meperidine)" on the list of opiates; to correct the spelling of the substance "Clortermine" in Code Section 79A-808(b); to correct the spelling of "Clidinium Bromide" and "Mebutamate" and to add the substance "Desmethyldiazepam" to the list of Schedule IV controlled substances in Code Section 79A-809(b); to correct the spelling of the substances "Ethylmorphine" and "Atropine" in subsections (3) and (4) of Code Section 79A-810(b); to provide for an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:

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Section 1. Code Section 79A-203, relating to qualifications of members of the Board of Pharmacy, is hereby amended by striking the last sentence therefrom, which reads as follows:
"No member of the Board who has served one full term shall be eligible for reappointment to the Board until there has intervened a period of one full term from the date of the expiration of his membership to the date of his reappointment.",
and inserting in lieu thereof the following:
"The requirements of this section shall not apply to the consumer member added to the Board of Pharmacy by Code Section 79A-202.1 ",
so that when so amended said section shall read as follows:
"79A-203. To be eligible for appointment as a member of the Board of Pharmacy an individual must be a pharmacist licensed by the Board of Pharmacy of this state and shall have engaged in the retail drug business either as a private pharmacist or as a hospital pharmacist for a period of at least five years immediately prior to his appointment. No person having any official connection with any school or college of pharmacy shall be eligible for appointment. If any member of said board shall cease to be actively engaged in the retail drug business or if any member shall become connected with any school or college of pharmacy, his membership on said board shall immediately become vacant. The requirements of this section shall not apply to the consumer member added to the Board of Pharmacy by Code Section 79A-202.1."
Section 1.1. Code Chapter 79A-2, relating to the State Board of Pharmacy, is hereby amended by striking in its entirety Code Section 79A-206, which reads as follows:
"79A-206. The members of said Board of Pharmacy shall receive, as their compensation, the sum of $44.00 per day while in the actual performance of their duties as members of the said Board and, in addition, shall receive their actual traveling expenses while in performance of their duties on said Board, such compensation to be paid out of the funds received by the Joint Secretary, State Examining Boards, under the provisions of this Title and in accordance with the provision of Chapter 84-1 of the Code of Georgia.",

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and inserting in lieu thereof the following:
"79A-206. Each member of the board shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member of the board is in attendance upon official duties of such board, plus either reimbursement for actual transportation costs while traveling by public carrier or the same mileage allowance for use of a personal car in connection with such attendance as members of the General Assembly receive. Such expense and travel allowance shall be paid in lieu of any per diem, allowance, or other remuneration now received by any such member for such attendance."
Section 1.2. Code Section 79A-207, relating to meetings with representatives of other State Boards of Pharmacy, is hereby amended by striking Code Section 79A-207 in its entirety and substituting in lieu thereof the following:
"The Board of Pharmacy, or any member thereof designated by the Board, in order to determine and be informed of the status of the boards of States desiring a reciprocal registration and in order to be advised also regarding the progress of pharmacy throughout the country, may meet with like representatives from other State Boards of Pharmacy. The expenses of such members in attending such meeting shall be paid out of the funds received by the Joint Secretary, State Examining Boards, under the provisions of this Title. The said Board may, with like representatives from other State Boards of Pharmacy, join in creating and maintaining an association of members of several states to be engaged in the general advancement of pharmacy and the keeping of records of reciprocal registration, and the exchange of information relating to the operations of the Board."
Section 1.3. Code Section 79A-406, relating to the annual registration of pharmacists, is hereby amended by inserting, prior to the first sentence of said section, the following:
"(a)",
and inserting at the end of said section the following:

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"(b) The Board of Pharmacy shall establish a program for the certification of pharmacists who elect to participate in prescribed courses of Continuing Education and who meet the minimum qualifications for such certification established by the board. No annual renewal certificate of Continuing Education certification shall be issued by the board or said secretary until the applicant therefor submits to the board satisfactory proof of his participation, during the calendar year preceding the year of his application for renewal, in not less than the required minimum number of hours of approved programs of continuing professional pharmaceutical education, as defined herein. Continuing professional pharmaceutical education shall consist of educational programs providing training pertinent to the practice of pharmacy and approved by the board under this section. The board shall approve educational programs for persons practicing pharmacy in this state on a reasonable nondiscriminatory fee basis and may contract with institutions of higher learning, professional organizations, or qualified individuals for the providing of approved programs. The board may, consistent with the requirements of this section, promulgate rules and regulations to implement and administer the provisions of this section, including the establishment of a committee to prescribe standards, approve and contract for educational programs, and set the required minimum number of hours per year.
(c) If the renewal fee for any pharmacist's continued education certificate shall remain unpaid as of June 30 of any year, the holder thereof may be reinstated as a continued education certified registered pharmacist only upon the payment of a penalty of $5.00 and all lapsed fees and upon proof of compliance with the provisions of this section and all other provisions of this title, which proof shall be satisfactory with the Board of Pharmacy. Actual retirement from the profession by any registered pharmacist for a period not exceeding five years shall not deprive him from the right to renew his certification upon the payment of all lapsed fees, the completion of the minimum required number of hours of continuing professional pharmaceutical education for each calendar year of retirement, and upon proof of compliance with all other provisions of this title."
Section 2. Code Section 79A-702, relating to the definition of a dangerous drug, as amended, is hereby amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 79A-702 to read as follows:

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"79A-702. A `dangerous drug' shall mean:
(a) Any drug, other than a drug contained in any schedule of the Georgia Controlled Substances Act, which, under the Federal Food, Drug and Cosmetic Act (52 Stat. 1040 (1938)), 21 USC 301, may be dispensed only upon prescription. In any civil or criminal action or other proceedings, a certification from the Food and Drug Administration of the United States Department of Health, Education and Welfare attesting to the fact that a drug, other than a drug contained in any schedule of the Georgia Controlled Substances Act, involved in the action or proceeding is a dangerous drug that federal law prohibits dispensing of that drug without a prescription pursuant to the Federal Food, Drug and Cosmetic Act shall be admissible as prima facie proof that such drug is a `dangerous drug' as defined herein.
(b) Any drug, substance or device declared by the director to be a `dangerous drug' and included in the official publication of dangerous drugs compiled by the director pursuant to the provisions of Code Section 79A-306 as said official publication of dangerous drugs read on February 1, 1980.
(c) No drug shall be a dangerous drug if the State Board of Pharmacy shall specifically determine that such drug is not dangerous or detrimental to the public health."
Section 3. Code Section 79A-802, relating to definitions, as amended, is hereby amended by adding the definition of "Isomers" at the end of Code Section 79A-802, which shall read as follows:
"(bb) `Isomers' means stereoisomers (optical isomers), geometrical isomers, and structural isomers (chain and positional isomers but shall not include functional isomers)."
Section 4. Code Section 79A-806(d), relating to materials, compounds, mixtures, or preparations which contain hallucinogenic substances, as amended, is hereby amended by striking Code Section 79A-806(d) in its entirety and substituting in lieu thereof the following:
"(d) Any material, compound, mixture or preparation which contains any quantity of the following hallucinogenic substances,

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their salts, isomers, (whether optical, position or geometries), and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:
(1) 3,4-methylenedioxyamphetamine;
(2) 5-methoxy-3,4-methylenedioxyamphetamine;
(3) 3,4,5-trimethoxyamphetamine;
(4) Bufotenine;
(5) Diethyltryptamine;
(6) Dimethyltryptamine; (7) 4-methyl-2,5-dimethoxyamphetamine; ;
(8) Ibogaine;
(9) Lysergic acid diethylamide;
(10) Mescaline;
(11) Peyote;'
(12) N-ethyl-3-piperidyl benzilate;
(13) N-methyl-3-piperidyl benzilate;
(14) Psilocybin;
(15) Psilocyn;
(16) Tetrahydrocannabinols which shall include, but are not limited to:
(i) All synthetic or naturally produced samples containing more than 15% by weight of Tetrahydrocannabinols; and

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(ii) All synthetic or naturally produced Tetrahydrocannabinol samples which do not contain plant material exhibiting the external morphological features of the plant Cannabis.
(17) 2,5-dimethoxyamphetamine;
(18) 4-bromo-2, 5-dimethoxyamphetamine;
(19) 4-methoxyamphetamine;
(20) Cyanoethylamphetamine;
(21) (1-phenylcyclohexyl) ethvlamine;
(22) l-( 1-phenylcyclohexyl) pyrrolidine;
(23) Phencyclidine;
(24) 1-piperidinocyclohexanecarbonitrile."
Section 5. Code Section 79A-807(c), relating to materials, compounds, mixtures, or preparations which contain opiates substances, as amended, is hereby amended bv striking subsection (14) of Code Section 79A-807(c) and substituting in lieu thereof the substance "Pethidine; (meperidine)" so that when so amended Code Section 79A-807(c) shall read as follows:
"(c) Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, whenever the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation:
(1) Alphaprodine;
(2) Anileridine;
(3) Bezitramide;
(4) Dihydrocodeine;

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(5) Diphenoxylate; (6) Fentanyl; (7) Isomethadone; (8) Levomethorphan; (9) Levorphanol; (10) Methazocine; (11) Methadone; (12) Methadone - Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane; (13) Moramide - Intermediate, 2-methyl-3-morpholino-l, 1-diphenyl propane-carboxylic acid; (14) Pethidine; (meperidine); (15) Pethidine - Intermediate - A, 4-cyano-l-methyl-4-phenylpiperidine; (16) Pethidine - Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate; (17) Pethidine - Intermediate-C, l-methyl-4-phenylpiperidine-4-carboxylic acid; (18) Phenazocine; (19) Piminodine; (20) Racemethorphan;

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(21) Racemorphan."
Section 6. Code Section 79A-808(b), relating to materials, compounds, mixtures, or preparations which contain stimulant substances, as amended, is hereby amended by striking subsection (4) of Code Section 79A-808(b) and substituting in lieu thereof the drug "Clortermine" so that when so amended Code Section 79A-808(b) shall read as follows:
"(b) Stimulants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances, included as having a stimulant effect on the central nervous system, including its salts, isomers (whether optical, position, or geometric), and salts of such isomers whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation:
(1) Those compounds, mixtures or preparations in dosage unit forms containing any stimulant substances which are listed as excepted compounds by the Board of Pharmacy pursuant to this Chapter, and any other drug of quantitative composition so excepted, or which is the same except that it contains a lesser quantity of controlled substances.
(2) Benzphetamine;
(3) Chlorphentermine;
(4) Clortermine;
(5) Mazindol;
(6) Phendimetrazine."
Section 7. Code Section 79A-809(b), relating to Schedule IV controlled substance drugs, as amended, is hereby amended by striking subsections (15) and (26) of Code Section 79A-809(b) and substituting in lieu thereof the drugs "(15) Chlordiazepoxide; but not including Librax (Chloriazepoxide Hydrochloride and Clidinium Bromide) or Menrium (Chlordiazepoxide and Water Soluble Esterified Estrogens)" and "(26) Mebutamate". Code Section 79A-809(b) is further amended by adding an additional drug

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"Desmethyldiazepam" at the end of Code Section 79A-809(b) so that when so amended Code Section 79A-809(b) shall read as follows:
"(b) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specified chemical designation, included as having a stimulant or depressant effect on the central nervous system or a hallucinogenic effect:
(1) Barbital;
(2) Chloral betaine;
(3) Chloral hydrate;
(4) Ethchlorvynol;
(5) Ethinamate;
(6) Methohexital;
(7) Meprobamate;
(8) Methylphenobarbital;
(9) Paraldehyde;
(10) Petrichloral;
(11) Phenobarbital;
(12) Fenfluramine;
(13) Diethylpropion;
(14) Phentermine;
(15) Chlordiazepoxide: but not including

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Librax (Chlordiazepoxide Hydrochloride and Clidinium Bromide) or Menrium (Chlordiazepoxide and Water Soluble Esterified Estrogens;
(16) Diazepam;
(17) Oxazepam;
(18) Clorazepate;
(19) Flurazepam;
(20) Clonazepam;
(21) Pemoline;
(22) Pentazocine, excluding Pentazocine
compound which contains 325 mg. of aspirin and
12 1/2 mg. of Pentazocine;
(23) Propoxyphene;
(24) Lorazepam;
(25) Prazepam;
(26) Mebutamate;
(27) Desmethyldiazepam."
Section 8. Code Section 79A-810(b), relating to materials, compounds, mixtures, or preparations which contain narcotic drugs, as amended, is hereby amended by striking the subsections (3) and (4) in their entirety and substituting in lieu thereof the following:
"(3) Not more than 100 milligrams of ethylmorphine, or any of its salts, per 100 milliliters or per 100 grams;

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(4) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit;"
so that when so amended Code Section 79A-810(b) shall read as follows:
"(b) Any compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or salts thereof, which also contains one or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation, valuable medicinal qualities other than those possessed by the narcotic drug alone;
(1) Not more than 200 milligrams of codeine, or any of its salts, per 100 milliliters or per 100 grams;
(2) Not more than 100 milligrams of dihydrocodeine, or any of its salts, per 100 milliliters or per 100 grams;
(3) Not more than 100 milligrams of ethylmorphine, or any of its salts, per 100 milliliters or per 100 grams;
(4) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit;
(5) Not more than 100 milligrams of opium per 100 milliliters or per 100 grams."
Section 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 10. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved April 8, 1980.

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AMBULANCE SERVICES.
Code Chapter 88-31 Amended.
No. 1407 (House Bill No. 1250).
AN ACT
To amend Code Chapter 88-31, relating to ambulance services, as amended, so as to authorize specifically certain licensed emergency medical technicians, advanced emergency medical technicians, or cardiac technicians to obtain certain substances; to provide for control and authorization; to provide for the use of such substances; to provide that such persons are not required to work for a licensed ambulance service; to provide for matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section ft Code Chapter 88-31, relating to ambulance services, as amended, is hereby amended by adding immediately following Code Section 88-3112.12 a new Code section to be designated Code Section 88-3112.13 to read as follows:
"88-3112.13. Counties and municipalities, (a) Any emergency medical technician, advanced emergency medical technician, or cardiac technician who is certified under the provisions of Code Chapter 88-31 and who works for a county or municipal police department, fire department, or rescue unit is hereby authorized to obtain any substance which said emergency medical technician, advanced emergency medical technician, or cardiac technician is authorized to administer by virtue of his certification. Any such unit to which the emergency medical technician, advanced emergency medical technician, or cardiac technician is attached must be licensed with the Department of Human Resources as a medical first responder unit. Such unit may then obtain from a hospital pharmacy those legend drugs listed and legally permitted to be used by advanced emergency medical technicians, emergency medical technicians, or cardiac technicians. These first responder units shall have a signed agreement with the hospital in order for the hospital to furnish such drugs, and this agreement must be filed with the Georgia Drugs and Narcotics Agency. The requirements for admin-

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istering, controlling, and storing these drugs shall be the same as the requirements for a standard ward inventory in a hospital.
(b) Any substance obtained under subsection (a) shall be used only in connection with the emergency medical technician's, advanced emergency medical technician's, or cardiac technician's employment with the county or municipality, as such, and only while on duty as an emergency medical technician, advanced emergency medical technician, or cardiac technician.
(c) It shall not be necessary for an emergency medical technician, advanced emergency medical technician, or cardiac technician to be assigned to a licensed ambulance service in order to obtain any substance under subsection (a)."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved April 8, 1980.

GEORGIA PUBLIC REVENUE CODE AMENDED INTEREST ON TAXES AND OTHER DEBTS DUE
STATE AND LOCAL JURISDICTIONS.
Code Title 91A Amended.
No. 1408 (House Bill No. 1312).
AN ACT
To amend Code Title 91 A, known as the Georgia Public Revenue Code, so as to change the amount of interest due on taxes and other amounts due the State and local taxing jurisdictions and remaining unpaid; to provide editorial revision; to provide for other matters relative to the foregoing; to provide for severability; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia:
Section 1. Code Title 91 A, known as the Georgia Public Revenue Code, is hereby amended by striking in its entirety Code Section 91A-239.2, relating to interest on past due taxes, and substituting in lieu thereof a new Code Section 91 A-239.2 to read as follows:
"91A-239.2. Interest on past due taxes; rate. Except as otherwise expressly provided by law, taxes owed the State or any local taxing jurisdiction shall bear interest at the rate of one percent per month from the date the tax is due until the date the tax is paid. For the purposes of this Section any period of less than one month shall be considered to be one month. The provisions of this Section shall also apply to alcoholic beverage taxes."
Section 2. Said Code Title is further amended by striking in its entirety subsection (d) of Code Section 91A-5013, relating to motor fuel tax penalties and interest, and substituting in lieu thereof a new subsection (d) to read as follows:
"(d) When any distributor fails to pay the tax or any part of the tax due under Section 91A-5003(a)(l), he shall pay interest on the unpaid tax at the rate specified in Section 91 A-239.2 from the time the tax became due until paid."
Section 3. Said Code Title is further amended by striking in its entirety subsection (c) of Code Section 91A-5112, relating to road tax penalties, and substituting in lieu thereof a new subsection (c) to read as follows:
"(c) Whenever any motor carrier fails to pay the road taxes or any part of the road taxes due pursuant to this Chapter, the motor carrier shall be subject to a penalty of $10 or 10 percent of the amount of the unpaid tax due, whichever is greater, and interest on the unpaid tax at the rate specified in Section 91 A-239.2 from the time the road tax became due until the tax is paid."
Section 4. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsec-

GEORGIA LAWS 1980 SESSION

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tion, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved April 8, 1980.

THIRD-PARTY PRESCRIPTION PROGRAM ACT.
Code Title 79-A Amended.
No. 1409 (House Bill No. 1512).
AN ACT
To amend Code Title 79-A, relating to pharmacists, pharmacies, and drugs, as amended, so as to create a new Code chapter to be designated Code Chapter 79A-12; to establish the rights and responsibilities of parties engaged in third-party prescription programs; to provide for legislative intent; to provide a short title; to define certain terms; to provide for notice procedures; to provide for certain provisions to be included in contractual agreements pertaining to third-party prescription programs; to provide for cancellation procedures; to outline the conditions under which payment by the program administrator to the pharmacy may or may not be denied; to establish reimbursement rates; to provide exceptions; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Title 79-A, relating to pharmacists, pharmacies, and drugs, as amended, is hereby amended by adding after Code Chapter 79A-11 a new Code chapter, to be designated Code Chapt5e6 r 79A-12, to read as follows:

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"CHAPTER 79A-12 Third-party Prescription Program Act
79A-1201. Legislative intent. The General Assembly finds that certain practices have come to its attention that are unfair to providers of pharmaceutical services, are burdensome and costly to those providers, result in unfair increased costs to certain consumers, and threaten the availability of pharmaceutical services to the public. The General Assembly further finds that there is a need for regulation of certain practices engaged in by some third-party prescription program administrators.
79A-1202. Short title. This Act shall be known as the `Thirdparty Prescription Program Act.'
79A-1203. Definitions. As used in this Act, the term `thirdparty prescription program' shall mean any system of providing for the reimbursement of pharmaceutical services under a contractual arrangement or agreement between a provider of such services and another party who is not the consumer of those services. Such programs may include, but not be limited to, employee benefit plans whereby a consumer receives prescription drugs or other pharmaceutical services and those services are paid for by an agent of the employer or others.
79A-1204. Notice. After the effective date of this Act, no thirdparty prescription programs shall be instituted in this state unless:
(a) the program administrator has given written notice of the provisions of the particular program to all pharmacies in this state as defined in Code Title 79A of the Georgia Code, as amended.
(b) all pharmacies in this state as defined by Title 79A of the Georgia Code, as amended, have had 30 days from the date of said notice to enroll in the particular program.
79A-1205. Required contractual provisions. Any agreement or contract entered into in this state between the program administrator of a third-party program and a pharmacy shall include a statement of the method and amount of reimbursement to the pharmacy for services rendered to persons enrolled in the program, the frequency of payment by the program administrator to the pharmacy

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for such services rendered, and a method for the adjudication of complaints or the settlement of disputes between the parties.
79A-1206. Cancellation; use of identity card after cancellation, (a) The administrator of a program shall notify all pharmacies enrolled in said program of any cancellation of the coverage of benefits of any group enrolled in the program at least 30 days prior to the effective date of such cancellation. Provided, however, in those cases wherein the administrator of a program is not notified at least 30 days prior to the effective date of such cancellation, he shall notify all pharmacies enrolled in said program of the cancellation as soon as practicable after having received said notice.
(b) All persons enrolled in a program shall be notified of its cancellation and the administrator of the program shall make every reasonable effort to gain possession of any plan identification cards such persons may have been issued pursuant to the provisions of the program.
(c) Any person who utilizes a program identification card to obtain services from a pharmacy after having received notice of the cancellation of his benefits shall be liable to the program administrator for all moneys paid by the program administrator for any services received pursuant to the illegal use of said identification card.
79A-1207. Denial of payment, (a) No program administrator shall deny payment for services to any pharmacy which may have resulted from the fraudulent or illegal use of an identification card by any person unless the pharmacy has been notified that the card has been canceled or discontinued and that the program administrator has been unsuccessful in attempting to regain possession of the card.
(b) No program administrator shall withhold any payments to any pharmacy beyond the time period specified in the payment schedule provisions of the agreement, except that individual claims for payment may be returned to the pharmacy for causes such as incomplete or illegible information and may then be resubmitted by the pharmacy to the program administrator after the appropriate corrections have been made.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

79A-1208. Reimbursement rates. No agreement between a program administrator and a pharmacy shall establish reimbursement rates or procedures that result in reimbursement rates for services rendered to persons covered by the plan which are less than the prevailing rates paid by ordinary consumers for the same or similar services.
79A-1209. Exception. This Act shall not apply to any services rendered pursuant to the provisions of the `Georgia Medical Assistance Act of 1977,' approved March 16, 1977 (Ga. Laws 1977, p. 384), as amended."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved April 8, 1980.

GEORGIA RETAILERS' AND CONSUMERS' SALES AND USE TAX ACT AMENDED -- LOCAL OPTION
ACT AMENDED.
No. 1410 (House Bill No. 1683).
AN ACT
To amend an Act amending the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. Laws 1951, p. 360), and Code Chapter 91A-46, relating to the local option sales and use tax, approved April 1, 1979 (Ga. Laws 1979, p. 446), so as to delete therefrom those provisions which repeal Code Chapter 91A-46, effective July 1, 1981; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia:
Section 1. An Act amending the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. Laws 1951, p. 360), and Code Chapter 91A-46, relating to the local option sales and use tax, approved April 1, 1979 (Ga. Laws 1979, p. 446), is hereby amended by striking in its entirety Section 4, which reads as follows:
"Section 4. Effective July 1, 1981, Code Chapter 91A-46, relating to a joint county and municipal sales and use tax, is hereby repealed."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved April 8, 1980.

EFFECT OF "OPEN-END" MORTGAGES LIMITED.
No. 1411 (Senate Bill No. 385).
AN ACT
To amend an Act delimiting the effect of "open-end" clauses appearing in mortgages or deeds conveying realty as security for debt, approved March 25, 1958 (Ga. Laws 1958, p. 655), as amended by an Act approved April 3, 1978 (Ga. Laws 1978, p. 1705), so as to clarify and define further the meaning of the term "original party"; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act delimiting the effect of "open-end" clauses appearing in mortgages or deeds conveying realty as security for debt, approved March 25, 1958 (Ga. Laws 1958, p. 655), as amended by an Act approved April 3, 1978 (Ga. Laws 1978, p.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

1705), is hereby amended by striking from Section 1 thereof the following:
"That the",
and inserting in lieu thereof the following:
"The",
and by adding at the end of Section 1 the following:
"In addition to the foregoing, the term `original party' as used herein shall also include, without limitation, any bank, trust company, or other corporation, whether organized and existing under the laws of the United States or the State of Georgia, into which the grantee of any such real estate mortgage or deed conveying realty as security for a debt shall be converted.",
so that Section 1, when so amended, shall read as follows:
"Section 1. The operation of `open-end' clauses contained in real estate mortgages or deeds conveying realty as security for a debt which clauses provided that such instruments or the property thereby conveyed secured, in addition to the debt therein named or described, any other debt or obligation that may be or become owing by the mortgagor or grantor is limited to other debts or obligations arising ex contractu (as distinguished from ex delicto) between the original parties to such security instrument. The term `original party' as used herein shall include, without limitation, any bank, trust company, or other corporation into which the grantee of any such real estate mortgage or deed conveying realty as security for a debt shall be merged or consolidated. In addition to the foregoing, the term `original party' as used herein shall also include, without limitation, any bank, trust company, or other corporation, whether organized and existing under the laws of the United States or the State of Georgia, into which the grantee of any such real estate mortgage or deed conveying realty as security for a debt shall be converted."

GEORGIA LAWS 1980 SESSION

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved April 9, 1980.

KOSHER FOODS.
Code Chapter 42-3B Enacted.
No. 1412 (Senate Bill No. 576).
AN ACT
To amend Code Title 42, relating to food and drugs, as amended, by adding a new Code chapter relating to Kosher foods; to provide for definitions; to prohibit certain misrepresentation regarding Kosher foods; to provide for requirements for persons preparing and serving Kosher foods; to provide for evidence; to provide for penalties; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Title 42, relating to food and drugs, as amended, is hereby amended by adding following Code Chapter 423 a new Code chapter to read as follows:
"CHAPTER 42-3B Kosher Foods
42-301B. Definitions. As used in this chapter, unless the context clearly indicates otherwise, the following words shall have the following meanings:
(1) `Food' means any meat, meat preparation, articles of food, or food products, either raw or prepared for human consumption, and whether to be consumed on the premises where

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GENERAL ACTS AND RESOLUTIONS, VOL. I

prepared or sold or whether to be taken elsewhere for consumption.
(2) `Kosher' means food prepared under and of products sanctioned by the orthodox Hebrew religious rules and requirements and includes foods prepared for the Festival of Passover and termed as `Kosher for Passover'.
(3) `Person' means any hotel, inn, delicatessen, grocery, butcher shop, restaurant keeper, or any individual, firm, or corporation carrying on and conducting a boarding house, eating house, lunchroom business, or catering business.
42-302B. Sale of Kosher food. No person, with intent to defraud, shall sell, prepare, or expose for sale food which such person falsely represents to be Kosher food. A person may not falsely represent any food or the contents of any package or container to be Kosher or Kosher for Passover by having or permitting to be inscribed on it, in any language, the words `Kosher,' `Parve,' `Glatt,' or `Rabbinical Supervision'. Nothing contained in this section shall prohibit the use of the words `Kosher Type' or `Kosher Style Food' in advertising.
42-303B. Advertisement of Kosher food. No person, with intent to defraud, shall display signs around such person's place of business or shall advertise in any newspaper, magazine, periodical, or other publication, which signs or advertisements falsely represent non-Kosher food sold, prepared, or offered for sale to be Kosher food.
42-304B. Preparation and serving of Kosher food. No person preparing or serving food shall prepare, sell, serve, or prepare for sale, either to be consumed on the premises or elsewhere, Kosher and non-Kosher food in the same place of business unless such person:
(a) Keeps separate kitchens where such food is prepared unless the food is prepared and served under Rabbinical supervision;
(b) Keeps and uses separate and distinctly labeled or marked dishes and utensils in which such food is prepared and served; and

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(c) Indicates on all signs and similar display advertising in, on, or about such person's premises, in block letters at least four inches in height, `Kosher and non-Kosher food prepared or served here.'
42-305B. Prima facie evidence of intent to defraud. Possession of non-Kosher food in any place of business advertising that the only food sold or offered for sale therein is Kosher food shall be prima facie evidence of intent to defraud under Code Sections 42-302B or 42-303B.
42-306B. Penalties. Any person violating any provision of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than $25.00 and not more than $500.00, by imprisonment for not less than 30 days and not more than six months, or both."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved April 9, 1980.

GARNISHMENT.
Code Title 46 Amended.
No. 1413 (House Bill No. 701).
AN ACT
To amend Code Title 46, relating to garnishment, as amended, so as to provide for garnishments based upon judgments obtained in federal courts sitting in this state; to provide for definitions; to change the amount of exemption allowed for garnishments based on judgments for alimony or for the support of a dependent; to provide for limitations in cases of multiple summonses of garnishment; to provide for exemptions of pension and retirement funds and benefits from garnishment; to provide which courts may issue summons of

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GENERAL ACTS AND RESOLUTIONS, VOL. I

garnishment upon the salaries of certain governmental officials and employees; to change relief from default judgment; to provide a new Code Chapter relating to continuing garnishments; to provide for additional garnishment proceedings and specify the conditions thereof; to provide for applicability of certain Code Sections; to provide for what is subject to continuing garnishment; to provide for exemptions; to provide for affidavit, summons, notice, answer, and payments of continuing garnishment; to provide for defendant's becoming a party; to provide for answers regarding terminations of employment relationships; to provide for default judgments and relief therefrom; to provide for bond, traverse, and forms; to provide effective dates; to provide for severability; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Title 46, relating to garnishment, as amended, is hereby amended by striking Code Section 46-101 in its entirety and inserting in lieu thereof a new Code Section 46-101 to read as follows:
"46-101. Right to writ after judgment. In all cases where a money judgment shall have been obtained in a court of this state or in a federal court sitting in this state, the plaintiff shall be entitled to the process of garnishment."
Section 2. Said Code Title is further amended by adding before the last sentence of paragraph (2) of subsection (c) of Section 46301, relating to what is subject to garnishment, the following:
"For purposes of this Section 46-301, "Earnings' shall mean compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise, and includes periodic payments pursuant to a pension or retirement program; and",
so that when so amended said paragraph shall read as follows:
"(2) The amount by which his disposable earnings for that week exceed thirty times the federal minimum hourly wage prescribed by Section 6(a)(1) of the Fair Labor Standards Act of 1938, U.S.C. Title 29, Section 206(a)(1), in effect at the time the earnings

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are payable. For purposes of this Section 46-301, `Earnings' shall mean compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise, and includes periodic payments pursuant to a pension or retirement program; and `Disposable Earnings' shall mean that part of the earnings of an individual remaining after the deduction from those earnings of the amounts required by law to be withheld."
Section 3. Said Code Title is further amended by striking subsection (d) of Code Section 46-301, relating to what is subject to garnishment, which reads as follows:
"(d) The exemption provided by Code Section 46-301(c) shall not apply if the judgment upon which the garnishment is based is a judgment for alimony or for the support of any dependent of the defendant, provided the summons of garnishment shall contain a notice to the garnishee that no exemption is applicable.",
and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) The exemption provided by Code Section 46-301(c) shall not apply if the judgment upon which the garnishment is based is a judgment for alimony or for the support of any dependent of the defendant, provided the summons of garnishment shall contain a notice to the garnishee that the garnishment is based on such judgment for alimony or the support of a dependent. In any case in which the garnishment is based on such judgment, the maximum part of the aggregate disposable earnings of an individual for any work week which is subject to garnishment shall be 50 percent of such individual's disposable earnings for that week."
Section 4. Said Code Title is further amended by striking subsection (e) of Section 46-301, relating to what is subject to garnishment, which reads as follows:
"(e) The limitation on garnishment set forth in Code Section 46-301(c) shall apply although the garnishee may receive a summons of garnishment in more than one garnishment case naming the same defendant, and no garnishee shall withhold from the disposable earnings of the defendant any sum greater than the amount prescribed by such Section, regardless of the number of summonses served upon the garnishee.",

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GENERAL ACTS AND RESOLUTIONS, VOL. I

and inserting in lieu thereof the following new subsection (e):
"(e) The limitation on garnishment set forth in Code Section 46-301(c) shall apply although the garnishee may receive a summons of garnishment in more than one garnishment case naming the same defendant, unless the garnishee has received a summons of garnishment based on a judgment for alimony or the support of a dependent, in which case the limitation on garnishment set forth in Code Section 46-301(d) shall apply although the garnishee may receive a summons of garnishment in more than one garnishment case naming the same defendant. No garnishee shall withhold from the disposable earnings of the defendant any sum greater than the amount prescribed by Code Section 46-301(c) or 46-301(d), as applicable, regardless of the number of summonses served upon the garnishee."
Section 5. Said Code Title is further amended by striking in its entirety Section 46-302, which reads as follows:
"46-302. Exemption of pensions paid to retired employees by former employers. Except as otherwise provided by law, pensions paid by former employers to retired employees shall be exempt from the process of garnishment in the same manner and to the same extent as is provided for in the case of disposable earnings by Code Section 46-301(c).",
and inserting in lieu thereof a new Code Section 46-302 to read as follows:
"46-302. Pension and retirement funds and benefits exemption. Funds or benefits from a pension or retirement program shall be exempt from the process of garnishment until paid or otherwise transferred to a member of such program or beneficiary thereof. Such funds or benefits, when paid or otherwise transferred to such member or beneficiary, shall be exempt from the process of garnishment only to the extent provided in Section 46-301 for other disposable earnings, unless a greater exemption is otherwise provided by law."
Section 6. Said Code Title is further amended by adding at the end of Code Section 46-306, subjecting to garnishment salaries of officials and employees of the State and its political subdivisions, the following:

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"Only for the purpose stated in this Section shall a court otherwise having jurisdiction over the garnishee be required, for the purpose of issuing a summons of garnishment, to be a court located in the county in which is drawn the warrant on the treasury of the government or in which is issued the check for the salary due the official or employee of the State, its political subdivisions, departments, agencies, or instrumentalities.",
so that when so amended said Section shall read as follows:
"46-306. Salaries of officials and employees of State and its subdivision made subject. Money due officials or employees of an incorporated town, an incorporated city, an incorporated county or the State government, or any department or institution thereof, as salary for services performed for or on behalf of said town, city, county, or State, or any department or institution thereof, shall be subject to garnishment, except however, in no event may the officials' or employees' salary for services performed for or on behalf of any town, city, county or State, or any department or institution thereof, be garnisheed where the judgment serving as a basis for the issuance of the summons of garnishment arises out of the liability incurred in the scope of the officials' or employees' governmental employment while responding to an emergency. In such cases, the summons shall be directed to such political entity and served upon the person authorized by law to draw the warrant on the treasury of the government or to issue a check for such salary due, or upon the chief administrative officer of the political subdivision, department, agency or instrumentality, and such entity is required to answer said summons in accordance with the mandate thereof, and as provided by this Code Title. Only for the purpose stated in this Section, the State and its political subdivisions, departments, agencies and instrumentalities are made private persons. Only for the purpose stated in this Section shall a court otherwise having jurisdiction over the garnishee be required, for the purpose of issuing a summons of garnishment, to be a court located in the county in which is drawn the warrant on the treasury of the government or in which is issued the check for the salary due the official or employee of the State, its political subdivisions, departments, agencies, or instrumentalities."
Section 7. Said Code Title is further amended by striking from the first sentence of Code Section 46-509 the following:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

"125",
and inserting in lieu thereof the following:
"an amount equal to the greater of $50.00 or $50.00 plus 100",
and by striking therefrom the last two sentences, which read as follows:
"Provided, however, the amount of the judgment shall not be reduced below an amount equal to 15 percent of the principal amount of the judgment against the defendant or $200.00, whichever is greater. Provided, further, that on the trial of the motion, the burden of proof shall be on the garnishee.",
and inserting in lieu thereof a new sentence to read as follows:
"Provided, further, that on the trial of the motion, the burden of proof shall be upon any plaintiff who objects to the timeliness of the motion to establish that said motion was not filed within the time provided for by this Section.",
so that when so amended said Code Section shall read as follows:
"46-509. Relief from default judgment. When a judgment is rendered against a garnishee under Code Section 46-508, on motion filed not later than sixty (60) days from the date garnishee receives actual notice of the entry of such judgment against garnishee, garnishee, upon payment of all accrued costs of court, may have the judgment modified so that the amount of the judgment shall be reduced to an amount equal to the greater of $50.00 or $50.00 plus 100 percent of the amount by which the garnishee was indebted to defendant from the time of service of summons of garnishment through and including the last day on which a timely answer could have been made for all money, other property, or effects belonging to the defendant which came into the garnishee's hands from the time of service of the summons through and including the last day on which a timely answer could have been made, and in the case of garnishment of wages, less any exemption allowed the defendant by law. Notice to the garnishee by certified mail shall be sufficient notice as herein required. Provided, further, that on the trial of the motion, the burden of proof shall be upon any plaintiff who objects

GEORGIA LAWS 1980 SESSION

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to the timeliness of the motion to establish that said motion was not filed within the time provided for by this Section."
Section 8. Code Title 46, relating to garnishment, as amended, is hereby further amended by adding after Code Chapter 46-6 a new Code Chapter 46-7 to read as follows:
"CHAPTER 46-7 Continuing Garnishment
46-701. Additional remedy. In addition to garnishment proceedings otherwise available under this Code title, in cases where a money judgment shall have been obtained in a court of this state, the plaintiff shall be entitled to the process of continuing garnishment against any garnishee who is an employer of the defendant against whom such judgment has been obtained. Unless otherwise specifically provided in this Code chapter, the methods, practices, and procedures for continuing garnishment shall be the same as for any other garnishment as provided in this Code title.
46-702. What subject to continuing garnishment, (a) All debts owed by the garnishee to the defendant at the time of service of summons of continuing garnishment upon the garnishee and all debts accruing from the garnishee to the defendant from such date of service to and including the one hundred seventy-ninth day thereafter shall be subject to process of continuing garnishment; and no payment made by the garnishee to the defendant or to his order or by any arrangement between the defendant and the garnishee after the date of the service of the summons of continuing garnishment upon the garnishee shall defeat the lien of such garnishment.
(b) All property, money, or effects of the defendant in the possession or control of the garnishee at the time of service of the summons of continuing garnishment upon the garnishee or coming into the possession or control of the garnishee at any time from the date of such service to and including the one hundred seventy-ninth day thereafter shall be subject to process of continuing garnishment, except in the case of collateral securities in the hands of a creditor. Such securities shall not be subject to continuing garnishment so long as there is an amount owed on the debt for which such securities were given as collateral.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(c) Notwithstanding the provisions of this Code section, the exemptions from garnishment required or allowed by law, including but not limited to exemptions provided by Code Sections 46-301 and 46-302, shall be applicable to a continuing garnishment.
46-703. Affidavit; summons; notice, (a) In addition to the information required under Code Section 46-102', an affidavit for continuing garnishment shall state that plaintiff believes garnishee is or may be an employer of defendant and subject to continuing garnishment and shall request that summons of continuing garnishment shall issue. Upon the filing of such affidavit with the clerk of any court having jurisdiction over the garnishee, such clerk shall cause a summons of continuing garnishment to issue forthwith, provided such affidavit shall first be made and approved in one of the ways as provided in Code Section 46-102 as containing the information required therein and required by this Code section.
(b) Only one summons of continuing garnishment may issue on one affidavit for continuing garnishment, and the defendant shall be given notice of the issuance of such summons using any method under Code Section 46-105.
(c) The plaintiff, using either forms provided by the court or forms prepared by the plaintiff, shall cause forms sufficient for seven answers to a summons of continuing garnishment to be served on the garnishee along with such summons.
46-704. Answer; payments, (a) The summons of continuing garnishment shall be directed to the garnishee who shall be required:
(1) To file a first answer no later than the forty-fifth day after service of summons of continuing garnishment, which answer shall state what property, money, or other effects of the defendant are subject to continuing garnishment from such time of service through and including the day of the first answer;
(2) To file further answers for the remaining period covered by the summons of continuing garnishment. Such further answers shall be filed no later than 45 days after the previous answer date. Such further answers shall state what property, money, or other effects of the defendant are subject to continu-

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ing garnishment from the previous answer date through and

including the date on which that next such answer is filed. No

subsequent answers shall be required on a summons of continu-

ing garnishment if the last such answer filed states what prop-

erty, money, or other effects of the defendant are subject to con-

tinuing garnishment from the previous answer date to and

including the one hundred seventy-ninth day after service of

summons of continuing garnishment. Such last answer shall be

filed, notwithstanding the other provisions of this subsection

(a)

(2), no later than the one hundred ninety-fifth

vice. For purposes of this subsection (a)(2), `previous answer

date' means the date upon which the immediately preceding

answer was filed to the summons of continuing garnishment as

provided in this subsection (a); and

(3) To accompany all such answers with any property, money, or other effects of the defendant admitted in the answer to be subject to continuing garnishment.

(b) The summons of continuing garnishment shall state the requirements of subsection (a) of this section and shall inform the garnishee that failure to comply with such requirements may result in a judgment against the garnishee for the entire amount claimed due on the judgment against the defendant.

46-705. Defendant may become party, (a) In a continuing garnishment proceeding, upon the filing of a traverse by defendant pursuant to Code Section 46-401, no further summons of garnishment may issue nor may any money answered subject to garnishment be disbursed until the hearing is held upon defendant's traverse. The filing of a traverse by the defendant does not relieve the garnishee of filing an answer; of withholding property, money, or other effects subject to continuing garnishment; or of delivering to the court any property, money, or other effects subject to continuing garnishment.

(b) Nothing herein shall affect the right of the defendant to file bond under this Code title.

46-706. Termination of employment relationship. Notwithstanding the requirements of Code Section 46-704, if the employment relationship between the garnishee and the defendant does not

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GENERAL ACTS AND RESOLUTIONS, VOL. I

exist at the time of the service of summons of continuing garnishment or terminates : during the continuing garnishment, in any answer required by this Code chapter the garnishee may state that the employment relationship between the garnishee and defendant does not exist or has been terminated, giving the date of termination if terminated on or after service of this summons of continuing garnishment. If no traverse is filed within 15 days after such answer is served as provided in Code Section 46-502, the garnishee is automatically discharged of further liability and obligation under Code Section 46-704 for that summons with respect to the period of continuing garnishment remaining after the employment relationship is terminated.
46-707. Traverse of answer of garnishee. If the garnishee serves his answer on the plaintiff as provided in Code Section 46-502, the plaintiff must traverse said answer within 15 days after it is served or the garnishee is automatically discharged of further liability with respect to such answer.
46-708. Default judgment and relief therefrom, (a) If the garnishee fails or refuses to file an answer at least once every 45 days, garnishee shall automatically become in default. Such default may be opened as a matter of right by the filing of the required answer within 15 days after the day of default upon payment of costs. If the case is still in default after the expiration of such period of 15 days, judgment by default may be entered at any time thereafter against garnishee for the amount claimed to be due on the judgment obtained against the defendant.
(b) Garnishee may obtain relief from default judgment entered as provided in subsection (a) of this Code section upon the same conditions as provided in Code Section 46-509.
46-709. Forms for continuing garnishment. For purposes of this Code chapter, the following forms are hereby declared to be sufficient, along with those provided in Code Section 46-605, for continuing garnishment; provided, nothing in this Code section shall be construed to require the use of particular forms in any proceeding under this Code title.
(a) Affidavit of continuing garnishment.

GEORGIA LAWS 1980 SESSION

1779

AFFIDAVIT OF CONTINUING GARNISHMENT

COURT OF

COUNTY

Plaintiff

v.

No.

Defendant

Garnishee

Address

Personally appeared the undersigned affiant who on oath says that he is the above plaintiff, his agent, or his attorney at law and that the above defendant is indebted to said plaintiff on a judgment described as follows:

ant, $

is the case number in the

Court of

County which rendered the judgment against the defend-

being the balance thereon.

Affiant further states that affiant believes that garnishee is or may be an employer of the defendant and subject to continuing garnishment.

Affiant

Sworn to and subscribed before me

this

day of

,

19

Plaintiff's attorney

1780

GENERAL ACTS AND RESOLUTIONS, VOL. I

(b) Summons of continuing garnishment. [Style of Garnishment Action]

SUMMONS OF CONTINUING GARNISHMENT

TO:

Garnishee

Amount claimed due by plaintiff

$

(To be completed by plaintiff)

Plus court cost due on this summons $ (To be completed by Clerk)

YOU ARE HEREBY COMMANDED to hold immediately all property, money, wages, except what is exempt, belonging to the defendant, or debts owed to the defendant named above at the time of service of this summons and between the time of service of this summons to and including the one hundred seventy-ninth day thereafter. Not later than 45 days after you are served with this summons, you are commanded to file your answer in writing with the clerk of this court and serve a copy upon the plaintiff or his attorney named below. This answer shall state what property, money, and wages, except what is exempt, belonging to the defendant, or debts owed to the defendant, you hold or owe at the time of service of this summons and between the time of such service and the time of making your first answer. Thereafter, you are required to file further answers no later than 45 days after your last answer. Every further answer shall state what property, money, and wages, except what is exempt, belonging to the defendant or debts owed to the defendant, you hold or owe at and from the time of the last answer to the time of the current answer. The last answer required by this summons shall be filed no later than the one hundred ninety-fifth day after you receive this summons. Money or other property admitted in an answer to be subject to continuing garnishment must be delivered to the court with your answers. Should you fail to file answers as required by this summons, a judgment will be rendered against you for the amount the plaintiff claims due by the defendant.

GEORGIA LAWS 1980 SESSION

1781

Witness the Honorable

This

day of

, Judge of said Court.

, 19

.

Clerk, |& Court of County

Plaintiff's Attorney

Service perfected on Garnishee, this

19

,

jday of

Deputy Marshal, Sheriff, or Constable

(c) Answer of continuing garnishment.

[Style of Garnishment Action] ANSWER OF CONTINUING GARNISHMENT

1. From the time of service of this summons of continuing garnishment, if this is the first answer of such summons, otherwise from the time of the last answer to this summons of continuing garnishment, until the time of this answer, garnishee had in his possession the following described property of the defendant: . -.

2. From the time of service of this summons of continuing

garnishment, if this is the first answer to such summons,

otherwise from the time of the last answer to this summons of

continuing garnishment, until the time of this answer, all

debts accruing from garnishee to the defendant are in the

amount of $

ii..

3. $_

of the amount named in paragraph 2 was

wages earned at the rate of $_

per

for the

1782

GENERAL ACTS AND RESOLUTIONS, VOL. I

period beginning . , 19 , through the time of making this answer. The amount of wages which is subject to this garnishment is computed as follows:

$

gross earnings

$

total social security and

withholding tax

$

total disposable earnings

$

amount of wages subject to

continuing garnishment

4. ( ) If checked, defendant is not presently employed by this garnishee and if employed by garnishee on or after service of this summons of continuing garnishment was most recently terminated as of the day of_ ', 19 ` .
5. ( ) If checked, this is the last answer this garnishee is required to file to the presently pending summons of continuing garnishment in the above-styled case.
6. Garnishee further states:

Garnishee or his attorney at law
(CERTIFICATE OF SERVICE)"
Section 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval, except that Section 8 shall become effective on January 1, 1981.
Section 10. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or

GEORGIA LAWS 1980 SESSION

1783

unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 11. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved April 9, 1980.

TEACHERS' RETIREMENT SYSTEM ACT AMENDED.
No. 1414 (House Bill No. 1214).
AN ACT
To amend an Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, so as to provide for an increase in retirement benefits of public school teachers who retired pursuant to a county, municipal, or local board of education retirement or pension system; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, is hereby amended by adding at the end of subsection (2) of Section 5 a new paragraph (g) to read as follows:
"(g) To the extent that the necessary funds are appropriated therefor by the General Assembly, effective on and after July 1, 1980, whenever the retirement benefits of beneficiaries under this Act are increased pursuant to those provisions of paragraph (d) of this subsection enacted by Georgia Laws 1969, p. 391 and by Georgia Laws 1975, p. 1601, the Board of Trustees shall make a

1784

GENERAL ACTS AND RESOLUTIONS, VOL. I

corresponding increase in the retirement benefits of retired public school teachers who retired prior to July 1, 1978, pursuant to a county, municipal, or local board of education retirement or pension system. Such corresponding increase shall be equivalent to the percentage increase in retirement benefits of beneficiaries under this Act. For the purposes of this paragraph, such retired public school teachers shall be deemed to be members of the retirement system created by this Act; and the Board of Trustees shall pay directly to each such retired public school teacher the increased retirement benefits provided for herein. Increases in retirement benefits granted on and after July 1, 1980, to such retired public school teachers by a county, municipal, or local board of education retirement or pension system shall not reduce or replace the increase in retirement benefits payable to such retired public school teachers under the provisions of this paragraph. In the event the General Assembly at any time appropriates some but not all of the funds necessary to fund the increase in retirement benefits provided for in this paragraph, then the increased retirement benefit otherwise payable under this paragraph shall be reduced pro rata by the Board of Trustees in accordance with the funds actually appropriated by the General Assembly for such purpose."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved April 9, 1980.

GEORGIA INDUSTRIAL LOAN ACT AMENDED PENALTY PROVISIONS.
No. 1415 (House Bill No. 1339).
AN ACT
To amend an Act known as the "Georgia Industrial Loan Act," approved March 4, 1955 (Ga. Laws 1955, p. 431), as amended, so as to change the penalty provisions; to provide for rectification of

GEORGIA LAWS 1980 SESSION

1785

certain violations; to provide for limitations of certain remedies concerning contracts executed prior to a certain date; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act known as the "Georgia Industrial Loan Act," approved March 4, 1955 (Ga. Laws 1955, p. 431), as amended, is hereby amended by striking Section 20 in its entirety and inserting in lieu thereof a new Section 20 to read as follows:
"Section 20. Penalties, (a) Any person who shall make loans under the provisions of this Act without first obtaining a license or who shall make a false statement under oath in an application for a license hereunder, or who shall do business while the license of such person under this Act is suspended or revoked, shall be punished as for a misdemeanor; and any contract made under the provisions of this Act by such person shall be null and void.
(b) Except as otherwise provided in this Act, any duly licensed lender who fails to comply with the provisions of this Act in connection with a loan under this Act shall be liable to the borrower or borrowers thereon for a single penalty in an amount equal to twice the amount of all interest and loan fees charged said borrower or borrowers on the most recent loan made by the lender to said borrower or borrowers; provided, however, that the liability under this paragraph shall not be less than $ 100.00.
(c) A lender duly licensed under this Act has no liability under the preceding paragraph if within 15 days after discovering an error or violation, and prior to the institution of an action under this section or the receipt of written notice of the error or violation, the lender notifies the person concerned of the error or violation and makes whatever adjustments in the appropriate account are necessary to insure that the said person will not be required to pay charges in excess of those permitted by this Act.
(d) A lender may not be held liable in any action brought under this section for a violation of this Act if the lender shows by a preponderance of the evidence that the violation was not intentional and resulted from a bona fide clerical or typographical error not-

1786

GENERAL ACTS AND RESOLUTIONS, VOL. I

withstanding the maintenance of procedures reasonably adopted to avoid any such error.
(e) A claim of violation of the Act may be asserted in an individual action only and may not be the subject of a class action under Section 23 of the Georgia Civil Practice Act, (Ga. Laws 1966, pp. 609, 632), or any other provision of law.
(f) If a contract is made in good faith in conformity with an interpretation of this Act by the appellate courts of this State or in a rule or regulation officially promulgated by the Commissioner after public hearings, no provision in this Section imposing any penalty shall apply, notwithstanding that after such contract is made, such rule or regulation is amended, rescinded, or determined by judicial or other authority to be invalid for any reason.
(g) Any lender duly licensed under this Act who shall knowingly and willfully with intent to defraud a borrower make a contract in violation of this Act shall be punished as for a misdemeanor, and the contract so made shall be null and void."
Section 2. Said Act is further amended by adding a new Section 24 at the end thereof to read as follows:
"Section 24. Limitations. No person may, more than one year after the effective date of this amendment to the Act, assert or contend offensively or defensively in any court that a contract predating the effective date of this amendment to the Act is null and void or is illegal, void, invalid, or not good consideration for a renewal or refinanced contract. This section is a statute of repose and limitation, barring such remedies, and only such remedies, as of that date; provided, however, that after that date a borrower or borrowers on a contract predating the effective date hereof shall be entitled to the appropriate penalty provided under Section 20 of this Act as amended by this amendment to the Act, but such right to said penalty shall not in any way adversely affect the validity of any renewal or refinanced contract."
Section 3. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act,*

GEORGIA LAWS 1980 SESSION

1787

which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved April 9, 1980.

PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM ACT AMENDED.
No. 1416 (House Bill No. 1365).
AN ACT
To amend an Act entitled "The Act Creating the Public School Employees Retirement System," approved April 30, 1969 (Ga. Laws 1969, p. 998), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 597), so as to change the provisions relating to retirement benefits; to provide for partial funding; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section ft An Act entitled "The Act Creating the Public School Employees Retirement System," approved April 30, 1969 (Ga. Laws 1969, p. 998), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 597), is hereby amended by striking from subsection (b) of Section 7 of said Act the following:

1788

GENERAL ACTS AND RESOLUTIONS, VOL. I

"$6.00",
and inserting in lieu thereof the following:
"$7.00",
and by adding at the end thereof the following:
"In the event the General Assembly at any time appropriates some but not all of the funds necessary to fund the retirement benefits provided for in this subsection, then the retirement benefit otherwise payable under this subsection shall be reduced pro rata by the Board of Trustees in accordance with the funds actually appropriated by the General Assembly for such purpose, but in no event shall the retirement benefit be less than $6.50 multiplied by the number of the member's years of creditable service.",
so that when so amended subsection (b) of Section 7 shall read as follows:
"(b) Upon retirement on his normal retirement date, a member shall receive a monthly retirement benefit under which payment shall commence on his normal retirement date and shall be payable on the first day of each month thereafter during his lifetime. The amount of each monthly retirement payment shall be $7.00 multiplied by the number of the member's years of creditable service. The retirement benefit provided under the provisions of this subsection shall be payable to those members who have already retired under the provisions of this Act as well as those members who retire in the future. In the event the General Assembly at any time appropriates some but not all of the funds necessary to fund the retirement benefits provided for in this subsection, then the retirement benefit otherwise payable under this subsection shall be reduced pro rata by the Board of Trustees in accordance with the funds actually appropriated by the General Assembly for such purpose, but in no event shall the retirement benefit be less than $6.50 multiplied by the number of the member's years of creditable service."

GEORGIA LAWS 1980 SESSION

1789

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved April 9, 1980.

GRANTS TO LOCAL PUBLIC SCHOOL SYSTEMS FOR EDUCATIONAL PURPOSES.
No. 1417 (House Bill No. 1372).
AN ACT
To amend an Act to provide, from State appropriations, funds as grants to local public school systems for educational purposes, approved April 16, 1979 (Ga. Laws 1979, p. 1001), so as to change certain provisions relating to allocation of grant funds; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act to provide, from State appropriations, funds as grants to local public school systems for educational purposes, approved April 16, 1979 (Ga. Laws 1979, p. 1001), is hereby amended by inserting at the end of subsection (a) of Section 3 thereof, after the word "State" and before the symbol the following:
"except that, in those instances where pupils residing in one district attend schools located within the limits of another district, the portion of the grant representing such pupils which otherwise would have been received by the district within the limits of which the pupils are in attendance shall be allotted to the district in which the pupils reside",
so that when so amended subsection (a) of Section 3 thereof shall read as follows:

1790

GENERAL ACTS AND RESOLUTIONS, VOL. I

"(a) In any year in which the General Assembly shall provide through a Required Local Effort Credit Appropriation for Education by line item appropriation, and with reference to this Act; funds for grants to the school systems of this State, such grants shall be allotted to each school system pro rata according to the ratio which the average daily attendance of the particular system bears to the average daily attendance of the entire public school system of the State except that, in those instances where pupils residing in one district attend schools located within the limits of another district, the portion of the grant representing such pupils which otherwise would have been received by the district within the limits of which the pupils are in attendance shall be allotted to the district in which the pupils reside."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved April 9, 1980.

LICENSURE OF HOME HEALTH AGENCIES, ETC.
No. 1418 (House Bill No. 1391).
AN ACT
To provide for the licensure of home health agencies and applications therefor; to exempt home health services provided under certain conditions; to provide for definitions; to authorize and direct the Department of Human Resources to develop rules, standards, and regulations governing the regulation of licensed home health agencies; to provide for certain actions relating to licenses; to provide for inspections; to provide for penalties; to provide for application of certificate of need and exemptions therefrom; to provide for fees; to provide for severability; to repeal conflicting laws; and for other purposes.

GEORGIA LAWS 1980 SESSION

1791

Be it enacted by the General Assembly of Georgia:
Section 1. Exemptions. This Act shall not apply to services which are provided under the following conditions:
(1) Persons who provide personal or para-professional health services, either with or without compensation when there is no claim that the service is provided as a part of a licensed home health agency;
(2) Persons who provide professional services for which they are duly licensed under Georgia laws, when there is no claim that the service is provided as a part of a licensed home health agency;
(3) Services provided under the provisions of any other license issued by the State of Georgia when there is no claim that the service is provided as a part of a licensed or certified home health agency.
Section 2. Definitions. In this Act:
(1) "Board" shall mean the Board of Human Resources.
(2) "Department" shall mean Georgia Department of Human Resources.
(3) "Home health agency" shall mean a public, nonprofit, or proprietary organization, whether owned or operated by one or more persons or legal entities, which is engaged in furnishing home health services.
(4) "Home health services" shall mean those items and services furnished to an individual, according to a written plan of treatment signed by the patient's physician, by a home health agency or others under arrangement with the home health agency, on a visit or hourly basis, in a place of temporary or permanent residence used as the individual's home as follows:
(a) Part-time or intermittent skilled nursing care as ordered by a physician and provided by or under the supervision of a registered nurse and at least one other service listed below;

1792

GENERAL ACTS AND RESOLUTIONS, VOL. I

(b) Physical, occupational, or speech therapy;
(c) Medical social services;
(d) Home health aide services;
(5) "Plan of treatment" means a plan written, signed, and reviewed at least every two months by the patient's physician prescribing items and services for the patient's condition.
(6) "Parent home health agency" shall mean the agency that develops and maintains administrative controls of subunits or branch offices.
(7) "Subunit" shall mean a semiautonomous organization, which serves patients in a geographic area different from that of the parent agency. The subunit by virtue of the distance between it and the parent agency is judged incapable of sharing administration, supervision, and services on a daily basis with the parent agency, and must, therefore, independently meet the licensing requirements for a home health agency, and shall be separately licensed.
(8) "License" shall mean a license issued by the Department.
(9) "Licensee" shall mean the individual, corporation, or public entity with whom rests the ultimate responsibility for maintaining approved standards for the home health agency.
(10) "Registered nurse" shall mean an individual who is currently licensed as a registered professional nurse in this state.
(11) "Physician" shall mean an individual currently licensed or authorized to practice medicine, surgery, or osteopathy in this state.
(12) "Branch office" shall mean a location or site identified in the application or endorsement thereto from which a home health agency provides services within a portion of the total geographic area served by the parent agency. The branch office is part of the home health agency and is located sufficiently close

GEORGIA LAWS 1980 SESSION

1793

to share administration, supervision, and services in a manner that renders it unnecessary for the branch independently to meet the requirements of this Act.
Section 3. Licensing requirement. No person, private or public organization, political subdivision, or other governmental agency may operate a home health agency as defined herein without first obtaining a license from the department. A license issued under this Act is not assignable or transferable and is subject to suspension or revocation at any time for failure to comply with this Act.
Section 4. Application for a license. Any person, organization, or agency desiring to operate a home health agency shall file with the department an application on a form prescribed, prepared, and furnished by the department. The application shall contain such information as the department may require which is reasonably related to the department's licensure, purpose, and function.
Section 5. Rules and standards. The department shall promulgate regulations which define standards for the care, treatment, health, safety, welfare, and comfort of patients served by home health agencies, and for the maintenance and operation of home health agencies which will promote safe and adequate care and treatment of the patients. These regulations shall be no less stringent than those required for participation of home health agencies in the Title XVIII (medicare) program and shall include, but not be limited to: a provision requiring the agency to have policies established by a professional group, which includes at least one physician and one registered nurse and appropriate representation from other professional disciplines; provisions governing the services the agency provides; provisions for the supervision of services by a physician or registered nurse as appropriate and maintenance of clinical records on all patients, including a plan of treatment prescribed by a physician. The department is authorized to issue, deny, suspend, or revoke licenses in accordance with regulations promulgated pursuant to this section. Such regulations shall also include hearing procedures related to denial, suspension, or revocation of licenses.
Section 6. Inspections. Each home health agency for which a license has been issued shall be periodically inspected by an authorized representative of the department. Such inspections shall be for the purpose of ensuring that the provisions of this Act are being 57

1794

GENERAL ACTS AND RESOLUTIONS, VOL. I

followed. The department is directed to ensure by inspection that the licensee is providing quality care to its patients in accordance with the orders of the patient's physician; provided, however, that an agency shall be exempt from an additional on-site licensure inspection if certified in a federal program for reimbursement of medicare or medicaid services.
Section 7. Penalties. Any person who operates a home health agency without first obtaining a license pursuant to the provisions of this Act shall be deemed guilty of a misdemeanor, and upon conviction, shall be fined not to exceed $500.00 or imprisoned for a period not to exceed six months or both.
Section 8. Certificate of need. No home health agency initiating service or extending the range of its service area shall be licensed unless the State Health Planning and Development Agency determines, in accordance with the Georgia Certificate of Need law and regulations pursuant thereto, that there is a need for said services within the area to be served. All home health agencies which were delivering services prior to July 1, 1979, and were certified for participation in either Title XVIII or Title XIX of the Federal Social Security Act prior to such date shall be exempt from a certificate of need, except in those instances where expansion of services or service areas is requested by said home health agencies.
Section 9. Fee system. The department is hereby authorized to establish by standards and policies a fee system which will be applied to all subjects of this Act in order to defray the actual expenses which are incurred by discharging the obligations of this Act.
Section 10. Severability. If any provisions of this Act, or the application thereof to any person or circumstance, is held invalid, the remainder of the Act and the application of such provision to other persons or circumstances shall not be affected thereby.

GEORGIA LAWS 1980 SESSION

1795

Section 11. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved April 9, 1980.

COFFEE COUNTY - ELECTION OF SCHOOL SUPERINTENDENT, REFERENDUM.
No. 1419 (House Bill No. 1496).
AN ACT
To provide for the election of the school superintendent of Coffee County; to provide for terms of office; to provide for compensation; to repeal a specific section of law; to provide for a referendum; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. (a) The school superintendent of Coffee County shall be elected at the 1982 general election by the voters of the county for a term of four years and until his successor is elected and qualified. The person so elected shall take office on January 1, 1983. The person elected shall receive a majority of the votes cast for such office. Thereafter, successors to such office shall be elected at the general election immediately preceding the expiration of the respective terms of office for terms of four years and until their successors are duly elected and qualified.
(b) In the event a vacancy occurs in the office of county school superintendent prior to December 31, 1982, the board of education shall appoint a successor to serve in such office through December 31, 1982.
(c) Beginning January 1, 1983, vacancies in the office of county school superintendent shall be filled according to general law.

1796

GENERAL ACTS AND RESOLUTIONS, VOL. I

Section 2. The county school superintendent shall receive such compensation not in conflict with general law as the board shall provide by a majority vote of its members. The compensation of the superintendent shall be fixed by the board, and the amount of such compensation shall be duly recorded in the minutes of the board. The county school superintendent shall be subject to all provisions of law relative to county school superintendents except those provisions of law which are in conflict with the provisions of this Act.
Section 3. An Act creating a new board of education of Coffee County, approved March 10, 1970 (Ga. Laws 1970, p. 2441), as amended, is hereby amended by striking and repealing in its entirety Section 6 which reads as follows:
"Section 6. (a) The board of education created herein shall appoint, by a majority vote of its members, the county school superintendent who shall serve at the pleasure of the board. The first superintendent appointed by said board shall be appointed at the first meeting of the board held in 1971. Such superintendent shall take office immediately after his appointment. The county school superintendent holding office on the effective date of this Act shall continue to serve the term of office for which he was elected and until his successor is appointed by the board as provided herein. In the event a vacancy occurs in the office of county school superintendent prior to the expiration of the present term of office, such vacancy shall be filled as provided herein. No election for county school superintendent by the people shall be held in 1972.
(b) The county school superintendent appointed by the board shall receive such compensation as the board shall provide by a majority vote of its members. The compensation of the superintendent shall be fixed by the board, and the amount of such compensation shall be duly recorded in the minutes of the board. The county school superintendent appointed by the board shall be subject to all provisions of law relative to county school superintendents except those provisions of law which are in conflict with the provisions of this Act."
Section 4. It shall be the duty of the election superintendent of Coffee County to call for an election for the purpose of submitting this Act to the electors of the Coffee County School District for approval or rejection. The superintendent shall set the date of such

GEORGIA LAWS 1980 SESSION

1797

election for the same date as the general primary election of 1980. He shall issue the call for such election at least 30 days prior to the date thereof. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Coffee County. The ballot shall have written or printed thereon the words:
"[ ] YES Shall the Act providing for the election of the school superintendent of Coffee County by the
[ ] NO qualified electors of the Coffee County School District be approved?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect; otherwise it shall be void and of no force and effect.
The expense of such election shall be borne by Coffee County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State.
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to provide for the election of the school superintendent of Coffee County; to provide for terms of office; to provide for compensation; to repeal a specific section of law; and for other purposes.

1798

GENERAL ACTS AND RESOLUTIONS, VOL. I

This 20th day of Dec., 1979.
James C. Moore Representative, 15 2nd District

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James C. Moore who, on oath, deposes and says that he/she is Representative from the 152nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Coffee County Progress which is the official organ of Coffee County, on the following dates: December 26, 1979, January 2, 1980, January 9, 1980.

Is/ James C. Moore Representative, 152nd District

Sworn to and subscribed before me, this 23rd day of January, 1980.

Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Approved April 9, 1980.

GEORGIA LAWS 1980 SESSION

1799

GENERAL APPROPRIATIONS ACT.

No. 1420 (House Bill No. 1268).

AN ACT

To make and provide appropriations for the fiscal year beginning July 1, 1980, and ending June 30, 1981; to make and provide such appropriations for the operation of the State government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

Be it enacted by the General Assembly of Georgia:

That the sums of money hereinafter provided are appropriated for the fiscal year beginning July 1, 1980, and ending June 30, 1981, as prescribed hereinafter for such fiscal year, from the General Funds of the State, including unappropriated surplus, Federal Revenue Sharing Funds of $50,800,000 and a revenue estimate of $2,944,157,270 for fiscal year 1981.

PART I. LEGISLATIVE BRANCH

Section 1. Legislative Branch. Budget Unit: Legislative Branch
Operations Total Funds Budgeted State Funds Budgeted

$ 12,250,000 $ 12,250,000 $ 12,250,000 $ 12,250,000

1800

GENERAL ACTS AND RESOLUTIONS, VOL. I

Budget Unit Object Classes:

Operations

$

For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the National Conference of Commissioners on Uniform State Laws; for membership in the Council of State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legislative organizations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other Compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; for the Legislative Services Committee, the Office of Legislative Counsel and the Office of Legislative Budget Analyst; for the operation of the Georgia Educational Improvement Council; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for the annual report of the State Auditor to the General Assembly; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; for costs of the Georgia Official and Statistical Register; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.

12,250,000

GEORGIA LAWS 1980 SESSION

1801

The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs which are paid for from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid for from other appropriations.

Section 2. Department of Audits.

Budget Unit: Department of Audits

$

L Operations

$

Total Funds Budgeted

$

State Funds Budgeted

$

2. Tax Ratio Study

$

Total Funds Budgeted

$

State Funds Budgeted

$

Budget Unit Object Classes:

Operations

$

Tax Ratio Study

$

Authorized Motor Vehicles

Total Positions Budgeted

PART II. JUDICIAL BRANCH

Section 3. Supreme Court.

Budget Unit: Supreme Court

$

For the cost of operating the Supreme Court of the State of Georgia, including salaries of
Justices and the employees of the Court, their

4.037.000 3.687.000 3,687,000 3,687,000
350,000 350,000 350,000
3,687,000 350,000 22 137
1,871,000

1802

GENERAL ACTS AND RESOLUTIONS, VOL. I

retirement contributions and for the Emeritus Judges of the Court. Provided, however, that the listed appropriation shall be increased by the amount of $12,000 per annum for each additional Emeritus position established during the fiscal year. Provided, however, that the sum of $7,500 shall be allocated for the payment of attorneys' fees and legal expenses for indigent defendants in criminal cases on appeal as provided in Georgia Laws 1953, Nov.-Dec. Session, pp. 478-481.

Provided, however, that the sum of $10,500 shall be allocated for the cost of Georgia's pro rata share for the operation of the National Center for State Courts.

Total Positions Budgeted

56

Section 4. Superior Courts. Budget Unit: Superior Courts

$ 13,332,072

For the cost of operating the Superior Courts of the State of Georgia, including payment of Judges' salaries, contingent expense allowances authorized by law, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law.

For payment of salaries, the payment of mileage and other expenses as may be authorized by law for the District Attorneys, Assistant District Attorneys, and District Attorneys Emeritus.

For the cost of operating the Judge Sentence Review Panel as created by 1974 Georgia Laws, p. 358.

Provided, however, that the listed appropriation shall be increased by the amount of $27,078 per annum for each additional Judge Emeritus position established during the fiscal year, and by

GEORGIA LAWS 1980 SESSION

1803

the amount of $17,000 per annum for each additional District Attorney Emeritus position established during the fiscal year.

Provided, further, that the listed appropriation shall be increased by the amount of $80,000 per annum for each judgeship created by law during the 1980 session of the General Assembly.

Provided, that of the above appropriation relating to Superior Courts, $326,454 is designated and committed for the Prosecuting Attorneys' Council for operations and $63,141 is designated and committed for the Sentence Review Panel.

Provided, however, of the above appropriation $10,000 is designated and committed to attend the judicial college for judges with less than five years' experience.

Total Positions Budgeted

Section 5. Court of Appeals.

Budget Unit: Court of Appeals

$

For the cost of operating the State Court of Appeals, including salaries and retirement contributions of judges and employees of the Court and for the Emeritus Judges of the Court. Provided, however, that the listed appropriation shall be increased by the amount of $12,000 per annum for each additional Emeritus position established during the fiscal year.

Total Positions Budgeted

Section 6. Administrative Office of

the Court.

Budget Unit: Administrative Office

of the Court

$

411 1,943,500
58 759,150

1804

GENERAL ACTS AND RESOLUTIONS, VOL. I

Administrative Office of the

Court Budget:

Nine Districts Operations

(State)

$

One District and Central

Operations (State)

$

Central Operations (Federal)

$

Judicial Education (State)

$

Judicial Education (Federal)

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

For the cost of operating the Administrative Offices of the Court.

Provided, however, of the above appropriation, $30,000 is designated and committed for funding of a Judicial College.

Section 7. Appellate Court Reports.

Budget Unit: Court Reports

$

For the cost of printing and distributing the reports of the Supreme Court and Court of Appeals.

Total Positions Budgeted

Section 8. Judicial Qualifications

Commission.

Budget Unit: Judicial Qualifications

Commission

$

For the cost of operating the Judicial Qualifications Commission.

Total Positions Budgeted

Section 9. Board of Court Reporting.

Budget Unit:

$

391,726 337,424 397,250
30,000 132,000 1,288,400 759,150
43
150,000
0
56,000
0 11,200

GEORGIA LAWS 1980 SESSION

1805

For the cost of operating the Board of Court Reporting.

Total Positions Budgeted
Section 10. Council of Juvenile Court Judges.
Budget Unit:

1

$

81,000

For the cost of operating the Council of Juvenile Court Judges.

Total Positions Budgeted
Section 11. Georgia Justice Courts Training Council.
Budget Unit:

3

$

11,000

For the cost of operating the Georgia Justice Courts Training Council.

Total Positions Budgeted
Section 12. Georgia Indigent Defense Council.
Budget Unit:

0

$

250,000

For the cost of operating the Georgia Indigent Defense Council.

Total Positions Budgeted

5

PART III. EXECUTIVE BRANCH

Section 13. Department of Administrative

Services.

A. Budget Unit: Department of

Administrative Services

$ 26,323,760

1. State Properties Commission Budget:

Personal Services

$

171,377

Regular Operating Expenses

$

13,500

Travel

$

4,000

1806

GENERAL ACTS AND RESOLUTIONS, VOL. I

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

2. Departmental Administration Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Direct Payments to Georgia

Building Authority for

Capital Outlay

$

Direct Payments to Georgia

Building Authority for

Operations

$

Direct Payments to Georgia

Building Authority for

Twin Towers Operations

$

Direct Payments to Georgia

Building Authority for

Authority Lease Rentals

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

3. Fiscal and Self-Insurance

Administration Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

-0750 700
-09,771 2,810 15,000 217,908 217,908
6
748,000 33,510 6,000 -06,500 1,875 -042,358 17,150 -0-
115,000
-0-
200,000
850,000 2,020,393 2,020,393
37
976,270 51,875 24,000

GEORGIA LAWS 1980 SESSION

1807

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Workers' Compensation

$

State Liability Self-Insurance

Reserve

$

Unemployment Compensation Reserve ... $

Public Safety Officers

Indemnification Fund

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

-05,700 1,200 5,171,000 50,672 19,190
-02,500,000
-01,300,000
432,860 10,532,767 8,163,671
47

4. Central Supply Services Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Materials for Resale

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

179,900 113,350
200 -0-
3,500 1,000
-056,328
5,070 700
5,120,000 5,480,048
-013

5. Procurement Administration Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

958,500 97,754 5,000 -025,000 1,150
205,100 57,294 31,830

1808

GENERAL ACTS AND RESOLUTIONS, VOL. I

Per Diem, Fees and Contracts Total Funds Budgeted State Funds Budgeted Total Positions Budgeted

$

-0-

$ 1,381,628

$ 1,381,628

53

6. General Services Administration

Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

188,000 80,555 800 -0100 250 -03,602 1,710 -0-
275,017 132,663
14

7. Property Management

Administration Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

825,172 233,294
20,000 -0-
10,000 2,250 29,400 19,878 16,470 14,790 22,000 1,193,254 407,497
57

8. Data Processing Services Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

12,353,389 1,020,547 32,000 -0-

GEORGIA LAWS 1980 SESSION

1809

Publications and Printing Equipment Purchases Computer Charges Rents and Maintenance Expense Real Estate Rentals Telecommunications Payments to DOAS Fiscal
Administration Per Diem, Fees and Contracts Total Funds Budgeted State Funds Budgeted Total Positions Budgeted

$

17,800

$

99,200

$

190,000

$ 10,024,885

$

946,351

$

209,000

$ 2,243,396

$

966,720

$ 28,103,288

$ 9,000,000

672

9. Motor Pool Services Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

364,538 747,870
875 150,800
825 1,020 3,250
720 5,162
-01,275,060
-028

10. Communication Services Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Telephone Billings

$

Total Funds Budgeted

$

1,860,788 322,027 11,000 14,200 45,000 31,200 72,682 62,874 460 10,000
19,548,679 21,978,910

1810

GENERAL ACTS AND RESOLUTIONS, VOL. I

State Funds Budgeted Total Positions Budgeted

$ 5,000,000 109

11. Printing Services Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

1,151,766 1,177,321
3,200 -0-
200 19,800 5,692 125,465 11,750
-02,495,194
-076

Budget Unit Object Classes:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Rents and Maintenance Expense

$

Utilities

$

Workers' Compensation

$

Payments to DO AS Fiscal

Administration

$

Direct Payments to Georgia

Building Authority for

Operations

$

Direct Payments to Georgia

Building Authority for

Capital Outlay

$

19,777,700 3,891,603
107,075 165,000 115,375 159,645 5,677,124 1,375,313 320,602 1,007,210 10,024,885 22,000 2,500,000
2,243,396
-0-
115,000

GEORGIA LAWS 1980 SESSION

1811

Direct Payments to Georgia

Building Authority for

Authority Lease Rentals

$

Direct Payments to Georgia

Building Authority for

Twin Towers Operations

$

State Liability Self-Insurance

Reserve

$

Telephone Billings

$

Materials for Resale

$

Public Safety Officers

Indemnity Fund

$

Unemployment Compensation Reserve . . . $

Total Positions Budgeted

Authorized Motor Vehicles

850,000
200,000
-019,548,679 5.120.000
432,860 1.300.000
1,112 275

It is the intent of this General Assembly that the Office of Planning and Budget and all other agencies of State government utilize federal funds wherever possible in connection with Workers' Compensation and Unemployment Compensation payments, and that no such payments shall be made to or on behalf of anyone other than bona fide State employees.

It is the intent of this General Assembly that income to the Department of Administrative Services from user agencies shall not exceed the maximum amounts listed below for each service activity:

General Services Data Processing Service Motor Pool Service Communication Services Printing Services Central Supply Services Total

$

275,017

$ 28,103,288

$ 1,275,060

$ 21,978,910

$ 2,495,194

$ 5,480,048

$ 59,607,517

except to provide general salary increases authorized for all State employees, or unless there is a corresponding fund availability, with prior bud-

1812

GENERAL ACTS AND RESOLUTIONS, VOL. I

getary approval, in the appropriate object class or classes of user agency or agencies for which the Department provides service.

Provided further, the State Auditor shall report any exceptions or violations of this intent in his annual financial audit of the Department of Administrative Services.

Provided, it is the intent of this General Assembly that the Department shall not purchase, lease, or lease-purchase any additional computer hardware other than that which is authorized in this appropriations Act, unless funds are available for this purpose in the user agencies.

B. Budget Unit: Georgia Building

Authority

$

Georgia Building Authority Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Capital Outlay

$

Authority Lease Rentals

$

Utilities

$

Facilities Renovations & Repairs

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

-0-
7.349.000 2.086.000
3,200 21,000 12,000 65.000
-0-035,900 80.000 215,000 1,203,371 3,620,000 -014,690,471 -0419

Budget Unit Object Classes:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

7.349.000 2.086.000
3,200 21,000 12,000

GEORGIA LAWS 1980 SESSION

1813

Equipment Purchases Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Capital Outlay Authority Lease Rentals Utilities Facilities Renovations and Repairs Total Positions Budgeted Authorized Motor Vehicles

$

65.000

$

-0-

$

-0-

$

35,900

$

80.000

$

215,000

$ 1,203,371

$ 3,620,000

$

-0-

419

39

The Authority is authorized to increase the amount budgeted for Facilities Renovations and Repairs by such amounts as are approved for other Agencies or Authorities of the State by the Office of Planning and Budget, and by such amounts as are received from other sources for renovations or repairs.

Provided that of the above appropriation $300,000 is designated and committed for a Public Safety Training Academy, the location to be approved by no less than eleven (11) members of the Fiscal Affairs subcommittees of the House of Representatives and the State Senate.

Section 14. Department of Agriculture.

A. Budget Unit: Department of

Agriculture

$

1. Plant Industry Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

17,848,000
2,714,000 224,289 109,911 35,800 23,000 53,375 -01,980 29,422 400
3,192,177

1814

GENERAL ACTS AND RESOLUTIONS, VOL. I

State Funds Budgeted

$

Total Positions Budgeted

2. Animal Industry Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Athens Veterinary Laboratory

Contract

$

Tifton Veterinary Laboratory

Contract

$

Poultry Veterinary Diagnostic

Laboratories in Canton, Dalton,

Douglas, Oakwood, Royston,

Statesboro and Tifton

$

Veterinary Fees

$

Research Contract with Georgia

Institute of Technology

$

Contract with University of

Georgia to Study Avian Disease

$

Indemnities

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

3. Marketing Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

3,027,177 177
890,000 106,345 28,421 23,200
8,950 4,575
-0-037,900 75,000
329,700
548,000
787,000 525,000
240,000
215,938 75,000
3,895,029 3,593,645
53
709,574 114,330 34,400
11,600 9,000 2,925
-0-033,306 30,750

GEORGIA LAWS 1980 SESSION

Advertising

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

4. Major Markets Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Advertising

$

Per Diem, Fees and Contracts

$

Repairs to Major and

Minor Markets

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

5. General Agricultural Field

Forces Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

6. Internal Administration Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

55,000 1,000,885 1,000,885
41
1,531,635 675,548 14,000 15,000 7,750 15,325 -0-026,516 35,000 17,250
-02,338,024
38,024 115
1,670,190 104,500 154,700 40,900 1,800 3,825 -03,300 16,850 -0-
1,996,065 1,996,065
117
927,000 101,825 23,100

1816

GENERAL ACTS AND RESOLUTIONS, VOL. I

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

7. Information and Education Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Market Bulletin Postage

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

8. Fuel and Measures Standards

Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

-012,000 4,441 278,739 478,596 32,154 140,000 1,997,855 1,966,665
51
106,560 10,325 1,000 -0-
308,000 1,000 -0-05,500 -0-
302,000 734,385 734,385
8
1,000,000 175,006 84,000 77,600 5,500 19,250 -0-013,410 -0-
1,374,766 1,372,266
71

GEORGIA LAWS 1980 SESSION

1817

9. Consumer Services Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

550,000 71,760 11,000 11,600 4,200 1,725 -0-016,038 1,500
667,823 667,823
31

10. Consumer Protection Field

Forces Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

2,438,000 107,156 119,831 52,200 7,000 7,184 -05,220 25,689 -0-
2,762,280 2,193,392
141

11. Meat Inspection Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

2,205,500 64,109 158,512 40,600 2,600
* 1,000 -0-0-
17,927 90,000 2,580,248

1818

GENERAL ACTS AND RESOLUTIONS, VOL. I

State Funds Budgeted

$

Total Positions Budgeted

12. Fire Ant Control Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Purchase of Bait

and Airplane Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

13. Georgia Agrirama Development

Authority Budget:

Direct Payments to Georgia

Agrirama Development

Authority for Operations

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

14. Seed Technology and Development

Personal Services

$

Regular Operating Expenses

. . $

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

1,055,823 132
-0-0-0-0-0-0-0-0-0-0-
-0-0-0-
0
201,850 201,850 201,850
0
112,750 3,100 -0-0200 -0-0-0-0-0-
116,050

GEORGIA LAWS 1980 SESSION

1819

State Funds Budgeted Total Positions Budgeted

$

-0-

5

Budget Unit Object Classes:

Personal Services

$

Regular Operating Expenses

. . . $

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

Per Diem, Fees and Contracts

$

Market Bulletin Postage

$

Purchase of Bait

and Airplane Contracts

$

Athens Veterinary Laboratory

Contract

$

Tifton Veterinary Laboratory

Contract

$

Poultry Veterinary Diagnostic

Laboratories in Canton, Dalton,

Douglas, Oakwood, Royston

Statesboro and Tifton

$

Veterinary Fees

$

Research Contract with Georgia

Institute of Technology

$

Contract with University of

Georgia to Study Avian Disease

$

Indemnities

$

Advertising Contract

$

Direct Payments to Georgia

Agrirama Development Authority

for Operations

$

Repairs to Major and

Minor Markets

$

Total Positions Budgeted

Authorized Motor Vehicles

14,855,209 1,758,293 738,875 308,500 390.000 114,625 278,739 489,096 254,712 354,900 302.000
-0-
329,700
548.000
787.000 525.000
240.000
215,938 75.000 90.000
201,850
-0942 245

Provided, that of the above appropriation relative to Regular Operating Expenses, $50,000 is

1820

GENERAL ACTS AND RESOLUTIONS, VOL. I

designated and committed for livestock and poultry shows relating to research and promoting.

Provided, that of the above appropriation, the Department is authorized and directed to notify dairy farmers of milk-sample test results after each test.

Provided, that of the above appropriation relating to Repairs to Major and Minor Markets, no expenditure shall be made without prior approval of the Georgia Building Authority (Markets).

B. Budget Unit: Georgia Agrirama

Development Authority

$

Georgia Agrirama Development

Authority Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Capital Outlay

$

Goods for Resale

$

Sales Tax

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

Budget Unit Object Classes:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

-0-
295,801 82,769 5,685 -015,885 1,954 -0-04,600 11,213 17,150 68,762 8,536
512,355 -022
295,801 82,769 5,685 -015,885 1,954 -0-

GEORGIA LAWS 1980 SESSION

1821

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Capital Outlay

$

Sales Tax

$

Goods for Resale

$

Total Positions Budgeted

Authorized Motor Vehicles

Provided, the Authority is hereby authorized to budget additional agency income for the purpose of providing a retirement plan for its employees.

Section 15. Department of Banking

and Finance.

Budget Unit: Department of Banking

and Finance

$

Administration and Examination Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

Budget Unit Object Classes:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

-04,600 11,213 17,150 8,536 68,762
22 5
2,441,333
1,998,564 107,225 209,574 -025,381 5,727 12,466 59,836 21,560 1,000
2,441,333 2,441,333
95
1,998,564 107,225 209,574 -025,381 5,727 12,466 59,836 21,560

1822

GENERAL ACTS AND RESOLUTIONS, VOL. I

Per Diem, Fees and Contracts

$

Total Positions Budgeted

Authorized Motor Vehicles

Section 16. Department of Community

Affairs.

A. Budget Unit: Department of

Community Affairs

$

1. Executive Office and Administrative

Support:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Capital Felony Expenses

$

Local Assistance Grants

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

2. Technical Assistance:

Personal Services

$

Regular Operating Expenses

. $

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

1,000 95 14
3,200,108
376,844 40,444 10,739 -09,350 700 -038,160 12,854 11,000 100,000 -0-
600,091 507,789
18
452,000 17,378 35,217 -05,800 100 2,200 35,124 18,800 11,000
577,619 577,619
21

GEORGIA LAWS 1980 SESSION

1823

3. Planning and Programming:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Grants to Area Planning and

Development Commissions

$

HUD 701 Planning Grants

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

4. Housing and Codes:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

Equipment Purchases

'

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

330,618 12,186 14,432 -05,500 300 -0-010,700 3,500
1,350,000 720,362
2,447,598 1,487,236
14
317,000 8,112 14,432 -04,100 -02,170 8,654 2,100 5,460
362,028 327,028
16

1824

GENERAL ACTS AND RESOLUTIONS, VOL. I

5. Program Development Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

Budget Unit Object Classes:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Capital Felony Expenses

$

Grants to Area Planning and

Development Commissions

$

HUD 701 Planning Grants

$

Local Assistance Grants

$

Total Positions Budgeted

Authorized Motor Vehicles

B. Budget Unit: State Building

Administrative Board

$

State Building Administrative

Board Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

237,684 6,058
22,000 -0-
500 -0-
2,170 7,127 7,100 206,256 488,895 300,436
11
1,714,146 84,178 96,820 -025,250 1,100 6,540 89,065 51,554
237,216 100,000
1,350,000 720,362 -080 2
117,501
90,881 6,600 4,756 -0-

GEORGIA LAWS 1980 SESSION

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

Budget Unit Object Classes:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Positions Budgeted

Authorized Motor Vehicles

C. Budget Unit: State Crime Commission.. $

1. State Crime Commission Planning

and Grant Administration Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications . .

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

58

1825
7,000 500 -0-
5,804 1,560 18,500 135,601 117,501
5
90,881 6,600 4,756 -07,000 500 -05,804 1,560 18,500 5 0
526,315
577,340 23,435 17,700 -011,000 -010,600 37,522 15,250 17,000
709,847 204,080
26

1826

GENERAL ACTS AND RESOLUTIONS, VOL. I

2. LEAA Grants Budget:

LEAA State Buy In - Carry

Forward

$

LEAA Juvenile Justice

$

LEAA Action Local

$

LEAA Action State

$

LEAA Planning

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

3. Juvenile Justice Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

Budget Unit Object Classes:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

LEAA Action Local

$

LEAA Action State

$

LEAA Planning

$

LEAA Juvenile Justice

$

-01,500,000 4,550,000 2,232,250
350,000 8,632,250
282,250 0
86,680 2,620 3,000 -0250 -0-03,513 1,500 4,500
102,063 39,985
4
664,020 26,055 20,700 -011,250 -010,600 41,035 16,750 21,500
4,550,000 2,232,250
350,000 1,500,000

GEORGIA LAWS 1980 SESSION

1827

LEAA State Buy In - Carry

Forward

$

Total Positions Budgeted

Authorized Motor Vehicles

For general administrative cost of operating the State Crime Commission Office, including the State `buy-in' for Law Enforcement Assistance Agency grants to local governmental units.

Provided, further, that the State Crime Commission is authorized to reprogram surplus LEAA funds with prior approval by the Fiscal Affairs Subcommittees.

D. Budget Unit: Georgia Residential

Finance Authority

$

Georgia Residential Finance

Authority Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunicatons

$

Per Diem, Fees and Contracts

$

Rental Assistance Payments

$

Grants to Housing Sponsors

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

Authorized Motor Vehicles

Budget Unit Object Classes:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

-030
2
-0-
874,241 107,980 63,300 56,250 27,000 22,250
9,500 84,959 45,700 164,900 7,671,000 275,000 9,402,080
-053 23
874,241 107,980 63,300 56,250 27,000 22,250

1828

GENERAL ACTS AND RESOLUTIONS, VOL. I

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Rental Assistance Payments

$

Grants to Housing Sponsors

$

Total Positions Budgeted

Authorized Motor Vehicles

Section 17. Office of Comptroller

General.

Budget Unit: Office of Comptroller

General

$

H Internal Administration Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

2. Insurance Regulation Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Computer Equipment and

Feasibility Study . . .

$

Total Funds Budgeted

$

9,500 84,959 45,700 164,900 7,671,000 275,000
53 23
4,235,671
390,000 65,108 4,500 -07,200 800 -0-013,203 -0-
480,811 468,814
21
766,000 32,425 5,000 -034,050 3,200 36,700 18,816 25,000 5,000
-0926,191

GEORGIA LAWS 1980 SESSION

1829

State Funds Budgeted

$

Total Positions Budgeted

3. Industrial Loans Regulation

Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

4. Information and Enforcement

Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

5. Fire Safety and Mobile Home

Regulation Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

926,191 44
283,092 19,693 14,500 -05,000 -0-0-04,780 -0-
327,065 327,065
14
682,769 39,409 16,000 -03,400 676 -020,268 19,700 -0-
782,222 782,222
43
1,747,000 89,187 115,000 -016,500 141

1830

GENERAL ACTS AND RESOLUTIONS, VOL. I

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

Budget Unit Object Classes:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Computer Equipment and

Feasibility Study

$

Per Diem, Fees and Contracts

$

Total Positions Budgeted

Authorized Motor Vehicles

Section 18. Department of Defense.

Budget Unit: Department of Defense

$

r. Administration and Support of

State Militia Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Military Assistance to

Safety and Traffic Grant

$

Georgia Military Institute Grant

$

Civil Air Patrol Contract

$

Capital Outlay

$

5,516 34,405 25,630 23,000 2,056,379 1,731,379
103
3,868,861 245,822 155,000 -066,150 4,817 42,216 73,489 88,313
-028,000
225 57
2,113,464
676,900 71,530 3,000 -018,700 300 -0-021,000 8,500
-018,000 40,000
-0-

GEORGIA LAWS 1980 SESSION

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

2. Civil Defense Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

3. Construction and Facilities

Maintenance Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Grants to National Guard Units

$

Capital Outlay

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

4. Disaster Preparedness and Recovery

Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

1831
857,930 857,930
34
653,550 83,229 16,500 -04,365 -0-0-024,000 15,000
796,644 398,511
32
95,000 111,925
2,400 -0-0-
9,000 -0-0-0-
2,500 300,000
26,000 546,825 538,825
5
188,559 8,897 14,750 -0-

1832

GENERAL ACTS AND RESOLUTIONS, VOL. I

Publications and Printing Equipment Purchases Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Total Funds Budgeted State Funds Budgeted Total Positions Budgeted

$ $ $ . . $ $ $ $ $

5. Service Contracts Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

Budget Unit Object Classes:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Military Assistance to

Safety and Traffic Grant

$

National Guard Units Grants

$

Georgia Military Institute Grant

$

Civil Air Patrol Contract

$

2,500 1,300
-04,560 3,050
-0223,616
10,186 10
1,645,083 1,336,515
2,025 -0-0-0-0-0-
2,100 -0-
2,985,723 308,012 118
3,259,092 1,612,096
38,675 -0-
25,565 10,600
-04,560 50,150 26,000
-0300,000
18,000 40,000

GEORGIA LAWS 1980 SESSION

1833

Capital Outlay Total Positions Budgeted Authorized Motor Vehicles

$

26,000

199

20

Section 19. State Board of Education -

Department of Education.

A. Budget Unit: Department of

Education

$1,089,546,897

1. Instructional Services Budget:

Personal Services

$ 2,363,137

Regular Operating Expenses

$

129,723

Travel

$

183,255

Motor Vehicle Equipment Purchases .... $

-0-

Publications and Printing

$

135,959

Equipment Purchases

$

5,500

Computer Charges

$

-0-

Real Estate Rentals

$

122,563

Telecommunications

$

81,069

Per Diem, Fees and Contracts

$

300,530

Utilities

$

7,680

Total Funds Budgeted

$ 3,329,416

State Funds Budgeted

$ 1,666,665

Total Positions Budgeted

122

2. Governor's Honors Program Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

250,272 34,503 2,500 -01,600 1,000 -02,683 2,550
329,505 624,613 624,613
2

3. Vocational Education Budget: Personal Services Regular Operating Expenses Travel

$ 2,369,188

$

185,232

$

168,550

1834

GENERAL ACTS AND RESOLUTIONS, VOL. I

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

4. Media Services Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Capital Outlay

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

5. Public Library Services Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Total Funds Budgeted

$

-052,406
8,140 -0-
106,190 70,471 1,766,924
8,684 4,735,785 1,745,432
113
2,875,621 2,075,681
65,028 -0-
174,372 3,740 -0-
11,405 63,603 183,548 308,149
-05,761,147 4,677,310
180
743,866 306,199
18,428 -0-
9,600 18,286
-0114,717 30,808 24,356
8,400 1,274,660

GEORGIA LAWS 1980 SESSION

1835

State Funds Budgeted

$

Total Positions Budgeted

6. State Administration Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

7. Administrative Services Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Total Funds Budgeted

$

Indirect DOAS Services Funding

$

State Funds Budgeted

$

Total Positions Budgeted

8. Certification of Public

School Personnel Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

742,231 52
866,343 85,207 35,300 7,000 22,450 9,400 -065,732 27,632 156,900
1,275,964 1,009,815
41
3,867,127 188,735 320,070 -0187,557 32,396 626,528 211,507 99,823 80,601 3,675
5,618,019 130,000
3,671,343 217
438,132 22,323 1,500 -08,167 2,305

1836

GENERAL ACTS AND RESOLUTIONS, VOL. I

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

9. Planning and Development Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

10. Professional Standards

Commission Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Publications and Printing

$

Equipment Purchases

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

11. Local Programs Budget:

Grants to School Systems

for Authority Lease Rental

Payments to Georgia Education

Authority (Schools)

$

-028,428 10,600 22,100 533,555 507,030
31
1,894,464 80,132 92,015 -027,289 785 -0110,383 47,374
1,056,262 3,308,704 2,530,235
91
43,157 6,371 1,200 5,000 300 4,284 2,121
42,000 104,433 104,433
2
-0-

GEORGIA LAWS 1980 SESSION

1837

Direct Grants to School Systems for Capital Outlay Purposes
Cash Grants for Capital Outlay
Authority Lease Rentals APEG Grants:
Salaries of Instructional Personnel (Sec. 10(a) (1) and 10(a) (2))
Salaries of Instructional Personnel (Sec. 5)
Salaries of Instructional Personnel (Sec. 7)
Salaries of Student Supportive Personnel (Sec. 20 (a))
Salaries of Administrative and Supervisory Personnel (Sec. 21)
Special Education Leadership Personnel (Sec. 21(c) (2))
Instructional Media (Sec. 13) Instructional Equipment
(Sec. 14) Maintenance and Operation
(Sec. 15) Sick and Personal Leave
(Sec. 16) Travel (Sec. 17) Instructional Specialists
(Sec. 12) Pupil Transportation -
Regular (Sec. 25) Pupil Transportation -
Kindergarten (Sec. 25) Pupil Transportation -
Special (Sec. 25) Isolated Schools Mid-Term Adjustment Non-APEG Grants: Education of Children of
Low-Income Families Driver Education

$

-0-

$

-0-

$

-0-

$ 445,273,028 $ 72,629,258 $ 16,225,083 $ 19,497,143

$ 53,420,673

$ 2,276,957 $ 17,349,989

$

681,935

$ 78,191,325

$ 5,421,871

$

914,149

$

-0-

$ 50,069,458

$ 11,242,969

$ 5,632,525

$

291,313

$ 1,500,000

$ 81,972,313

$

-0-

1838

GENERAL ACTS AND RESOLUTIONS, VOL. I

Teacher Retirement Instructional Services for
the Handicapped Preparation of Professional
Personnel in Education of Handicapped Children Educational Training Services for the Mentally Retarded Tuition for the Multihandicapped Severely Emotionally Disturbed Compensatory Education Guidance, Counseling and Testing School Library Resources and Other Materials School Lunch (Federal) School Lunch (State) Supplementary Education Centers and Services Staff Development Supervision and Assessment of Students and Beginning Teachers and Performance Based Certification Cooperative Educational Service Agencies Superintendents' Salaries High School Program Area Vocational-Technical Schools Career Education Junior College Vocational Program Quick Start Program Comprehensive Employment and Training Vocational Research and Curriculum Adult Education

$ 68,944,721 $ 19,036,142

$

75,000

$

-0-

$

722,000

$ 12,809,805 $ 12,746,747

$

-0-

$ 3,656,590 $ 125,606,750 $ 14,800,000

$ 3,251,210

$

880,000

$ 2,819,000

$ 3,209,190 $ 3,875,620 $ 21,212,981

$ 40,848,686

$

-0-

$

978,686

$ 1,200,000

$ 5,650,000

$

881,895

$ 3,562,353

GEORGIA LAWS 1980 SESSION

1839

Salaries and Travel of Public Librarians
Public Library Materials Talking Book Centers Public Library Maintenance
and Operation Public Library Construction Comprehensive Planning Competency-Based High School
Graduation Requirements Vocational Special
Disadvantaged Instructional Aides Teacher Health Insurance Special Projects Nutritional Education Regional ITV Projects Basic Skills High School Construction Grants to Local School
Systems for Educational Purposes (Act 562) Indo-Chinese Refugee Salaries of Extended Pre-School Personnel Area Vocational Technical School Construction Total Funds Budgeted State Funds Budgeted Total Positions Budgeted
Budget Unit Object Classes: Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Publications and Printing Equipment Purchases Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts

$ 3,469,364

$ 3,427,440

$

638,495

$ 2,171,600

$

-0-

$

-0-

$

260,000

$

-0-

$ 8,042,101

$ 29,270,913

$

-0-

$

-0-

$

100,000

$

-0-

$

-0-

$ 75,000,000

$

-0-

$

-0-

$

-0-

$1,331,737,278

$1,072,267,790

0

$ 15,711,307

$ 3,114,106

$

887,846

$

7,000

$

624,400

$

81,852

$

626,528

$

777,892

$

436,051

$ 3,962,726

1840

GENERAL ACTS AND RESOLUTIONS, VOL. I

Utilities Capital Outlay APEG Grants:
Salaries of Instructional Personnel (Sec. 10(a) (1) and 10(a) (2))
Salaries of Instructional Personnel (Sec. 5)
Salaries of Instructional Personnel (Sec. 7)
Salaries of Student Supportive Personnel (Sec. 20 (a))
Salaries of Administrative and Supervisory Personnel (Sec. 21)
Special Education Leadership Personnel (Sec. 21(c) (2))
Instructional Media (Sec. 13) Instructional Equipment
(Sec. 14) Maintenance and Operation
(Sec. 15) Sick and Personal Leave
(Sec. 16) Travel (Sec. 17) Instructional Specialists Pupil Transportation -
Regular (Sec. 25) Pupil Transportation -
Kindergarten (Sec. 25) Pupil Transportation -
Special (Sec. 25) Isolated Schools Mid-Term Adjustment Non-APEG Grants: Education of Children of
Low-Income Families Driver Education Teacher Retirement Instructional Services for
the Handicapped

$

336,588

$

-0-

$ 445,273,028 $ 72,629,258 $ 16,225,083 $ 19,497,143

$ 53,420,673

$ 2,276,957 $ 17,349,989

$

681,935

$ 78,191,325

$ \. . . $
$

5,421,871 914,149 -0-

$ 50,069,458

$ 11,242,969

$ 5,632,525

$

291,313

$ 1,500,000

$ 81,972,313

$

-0-

$ 68,944,721

$ 19,036,142

GEORGIA LAWS 1980 SESSION

1841

Preparation of Professional Personnel in Education of Handicapped Children
Educational Training Services for the Mentally Retarded
Tuition for the Multihandicapped
Severely Emotionally Disturbed
Compensatory Education High School Program Vocational Research
and Curriculum Adult Education Area Vocational Technical
Schools Career Education Junior College Vocational
Program Quick Start Program Comprehensive Employment
and Training Guidance, Counseling and
Testing School Library Resources
and Other Materials Salaries and Travel of
Public Librarians Public Library Materials Talking Book Centers Public Library Maintenance
and Operation Public Library Construction School Lunch (Federal) School Lunch (State) Supplementary Education
Centers and Services Staff Development Supervision and Assessment
of Students and Beginning Teachers and Performance Based Certification

$

75,000

$

-0-

$

722,000

$ 12,809,805 $ 12,746,747 $ 21,212,981

$

881,895

$ 3,562,353

$ 40,848,686

$

-0-

$

978,686

$ 1,200,000

$ 5,650,000

$

-0-

$ 3,656,590

$ 3,469,364

$ 3,427,440

$

638,495

$ 2,171,600

$

-0-

$ 125,606,750

$ 14,800,000

$ 3,251,210

$

880,000

$ 2,819,000

1842

GENERAL ACTS AND RESOLUTIONS, VOL. I

Cooperative Educational

Service Agencies

Superintendents' Salaries

Comprehensive Planning

Competency-Based High School

Graduation Requirements

Vocational Special

Disadvantaged

Instructional Aides

Teacher Health Insurance

Special Projects

Regional ITV Projects

Indo-Chinese Refugee

Nutritional Education

Basic Skills

.

Salaries of Extended

Pre-School Personnel

Grants to Local School

Systems for Educational

Purposes (Act 562)

Area Vocational Technical

School Construction

High School Construction

Grants to School Systems

for Authority Lease Rental

Payments to Georgia Education

Authority (Schools)

Direct Grants to School

Systems for Capital

Outlay Purposes

Cash Grants for

Capital Outlay

Authority Lease Rentals

Total Positions Budgeted

Authorized Motor Vehicles

$ 3,209,190

$ 3,875,620

$

-0-

$

260,000

$

-0-

$ 8,042,101

$ 29,270,913

$

-0-

$

100,000

$

-0-

$

-0-

$

-0-

$

-0-

$ 75,000,000

$

-0-

$

-0-

$

-0-

$

-0-

$

-0-

$

-0-

851

17

B. Budget Unit: Institutions

$

1. Georgia Academy for the Blind

Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

10,957,358
1,915,082 289,841 4,800 -0-

GEORGIA LAWS 1980 SESSION

1843

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Capital Outlay

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

2. Georgia School for the Deaf

Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Capital Outlay

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

3. Atlanta Area School for the Deaf

Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

3,200 33,969
-0-014,512 6,570 130,965 -02,398,939 2,117,630 154
3,542,078 514,149 9,069 -0200 59,523 -0-015,872 21,500 185,192 -0-
4,347,583 3,829,692
273
1,338,408 204,516 5,450 7,500 3,400 37,800 -0-014,348 28,300 119,022

1844

GENERAL ACTS AND RESOLUTIONS, VOL. I

Capital Outlay

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

4. North Georgia Vocational-Technical

School Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities.

$

Capital Outlay

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

5. South Georgia Vocational-Technical

School Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

,*

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Capital Outlay

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

-01,758,744 1,512,770
93
1,931,318 531,069 15,950 -05,580 92,486 -0-012,727 4,122 211,298 4,500
2,809,050 1,855,974
108
1,521,817 406,313 13,425 -03,878 77,620 -0-010,697 4,110 210,517 150,000
2,398,377 1,641,292
95

GEORGIA LAWS 1980 SESSION

1845

Budget Unit Object Classes:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Capital Outlay

$

Total Positions Budgeted

Authorized Motor Vehicles

10,248,703 1,945,888 48,694 7,500 16,258 301,398 -0-068,156 64,602 856,994 154,500 723 80

Provided, that none of the State funds appropriated above may be expended to initiate or commence any new program or project which would create a continuing obligation of the current funds of the State, unless such program or project has been authorized by the General Assembly.

Provided, that where teaching personnel are paid in whole or in part from funds other than State-local funds, the fund source from which such salary is paid shall be the pro rata part of the cost of employer contributions to the Teachers' Retirement System and Teachers' Health Insurance applicable to such salary.

Provided, further, that for kindergarten programs, each system shall be allotted instructional units on the basis of one teacher and one aide for each 40 students or major fraction thereof in average daily attendance, except in the case of mentally, physically or emotionally handicapped children, the ratio shall be one teacher and one aide for 24 students or major fraction thereof in average daily membership.

1846

GENERAL ACTS AND RESOLUTIONS, VOL. I

Provided, that of the above appropriation relative to Kindergarten Transportation, funds shall initially be allotted to local school systems on the basis of one transportation unit ($9,046) for each 40 students.
Provided, however, in order to extend the halfday program to a full-day service in lieu of midday transportation services, local systems may elect to use transportation allotments to employ aides or certificated instructional personnel on a reimbursable basis to the extent that the $9,046 per unit will allow. Where the transportation allotment is used to employ additional personnel, reimbursable costs shall include salary, retirement and health insurance where eligible.
Provided, that of any State Funds appropriated to local systems for classroom teacher salaries on the basis of Average Daily Attendance in grades 1 through 7, such teachers shall be used in the school where earned and shall be used only for the purpose of funding regular (general education) classroom teachers in grades where earned.
Provided, that of the above appropriation, relative to special education $30,000 is designated and committed for payment to the Houston County Board of Education for payment to Houston County Speech and Hearing School, and $30,000 is designated and committed for payment to the Houston County Board of Education for payment to Houston County Happy Hour School.
Provided, further, funds appropriated for Maintenance and Operation, Sick and Personal Leave and Instructional Media, for all Special Education Teachers, payments shall not be made until the allotted teaching unit has been filled.

GEORGIA LAWS 1980 SESSION

1847

Furthermore, the Section 5 teaching units so allocated to an eligible local unit shall remain a part of that local unit's allotment until the end of the current school year in which allocated.
It is the intent of this General Assembly that local school systems have the authority to utilize increased maintenance and operation funds contained in this Appropriations Act in such a fashion as to accomplish de facto funding of Section 12 of the Adequate Program for Education in Georgia.
Provided, that of the above appropriation for APEG Grants, it is the intent of this General Assembly that funds are included for allotment of instructional units under Section 10 for grades 1 - 2, at a ratio of 1:20 students in average daily attendance.
Provided, that local school systems, in accordance with State Board policy, may use additional instructional units earned in grades 1 - 2 to employ either certificated or licensed instructional personnel in those grades. Funding for licensed instructional personnel shall include salaries as provided for in APEG Section 10b(2) and Section 15 (M&O).
Provided, that of the above appropriation for $880,000 for Staff Development, $88,000 is designated and committed to fund a State level staff development program specifically for Special Education Teachers (Section 5) utilized in programs for intellectually gifted students, and to assist in the development of a State program plan for gifted students by the State Superintendent of Schools.
Provided, that of the above appropriations relative to Sections 5, 7, 10, 20, 21, and 21(c)(2) of APEG for salaries, funds may be moved between

1848

GENERAL ACTS AND RESOLUTIONS, VOL. I

said Sections by an amendment to the annual operating budget during the month of June with the prior approval of the Office of Planning and Budget.

Provided, that of the above appropriation relative to Compensatory Education, $12,746,747 is designated and committed for a compensatory education program for students in grades 3 through 8 and shall be used for remedial purposes only. Provided, however, where a local system Compensatory Education Plan justifies the need, the State Board of Education may approve usage of these funds for remedial purposes in grades 1 and 2.

It is the intent of this General Assembly that, relative to the teachers' index salary schedule, beginning teachers are to receive the same salary as those with one year of experience.

Section 20. Employees' Retirement System.

Budget Unit: Employees' Retirement

System

$

Employees' Retirement System Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Total Funds Budgeted

$

-0-
488,000 13,025 7,500 -012,000 800
163,295 48,130
9,256 343,100
31,250 1,116,356

GEORGIA LAWS 1980 SESSION

1849

State Funds Budgeted Total Positions Budgeted

$

-0-

28

Budget Unit Object Classes:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Total Positions Budgeted

Authorized Motor Vehicles

488,000 13,025 7,500 -012,000 800
163,295 48,130
9,256 343,100
31,250 28 1

Section 21. Forestry Commission.

Budget Unit: Forestry Commission

$

1. Reforestation Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Capital Outlay

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

16,404,554
548,500 335,009
3,800 10,000
1,377 31,000 12,821
-09,745 65,124
-01,017,376
320,502 31

2. Field Services Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

12,112,118 2,379,913 79,077 482,746 21,698 1,230,888

1850

GENERAL ACTS AND RESOLUTIONS, VOL. I

Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Ware County Grant Capital Outlay Total Funds Budgeted State Funds Budgeted Total Positions Budgeted

$

29,996

$

12,501

$

388,723

$

12,710

$

60,000

$

131,500

$ 16,941,870

$ 14,534,630

809

3. General Administration and

Support Budget:

Personal Services

$

Regular Operating Expenses

$

Travel.

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

, ,.$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Contractual Research

$

Herty Foundation

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

547,300 86,389 16,764 5,190 37,858 800 70,811 -017,141 5,569
392,000 -0-
1,179,822 1,149,422
25

4. Wood Energy Budget: Wood Energy Program Total Funds Budgeted State Funds Budgeted Total Positions Budgeted

$

400,000

$

400,000

$

400,000

2

Budget Unit Object Classes:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

13,207,918 2,801,311
99,641 497,936
60,933 1,262,688
113,628 12,501

GEORGIA LAWS 1980 SESSION

1851

Telecommunications Per Diem, Fees and Contracts Contractual Research Ware County Grant Herty Foundation Wood Energy Program Capital Outlay Total Positions Budgeted Authorized Motor Vehicles

$

415,609

$

83,403

$

392.000

$

60,000

$

-0-

$

400.000

$

131,500

867

751

Provided, that to the extent that Federal Funds are realized in excess of the amounts of such funds contemplated in the Cooperative Forest Protection, Cooperative Forest Management, Insect and Disease, Forest Incentive and Public Service Employment Programs in the Field Services Activity of this Act, the Office of Planning and Budget is authorized and directed to use the first $500,000 of such excess funds to supplant State Funds appropriated herein. Provided further that such supplantation shall not be implemented if so doing would cause any portion of the anticipated Federal Funds not to be realized. This provision shall not apply to project grants.

It is the intent of this General Assembly that the Forestry Commission have authority to control the application of the Contractual Research funds in the above appropriation.

Section 22. Georgia Bureau of Investigation.

Budget Unit: Georgia Bureau of

Investigation

$

1. General Administration Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

13,130,603
424,000 25,025 4,900 -02,300 1,000 -028,423

1852

GENERAL ACTS AND RESOLUTIONS, VOL. I

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

2. Investigative Division Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Evidence Purchased

$

Postage

$

Capital Outlay

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

3. Crime Laboratory Budget:

Personal Services

$

Regular Operating Expenses .,

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Capital Outlay

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

18,315 2,100 3,600 509,663 509,663
23
5,107,417 735,489 266,300 126,400 17,325 100,400 1,500 73,300 167,476 2,000 145,000 6,900 -0-
6,749,507 6,557,957
219
1,882,422 317,109 24,530 12,500 4,600 127,400 145,900 10,662 67,850 500 13,250 104,000
2,710,723 2,624,023
89

GEORGIA LAWS 1980 SESSION

1853

4. Georgia Crime Information

Center Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

Budget Unit Object Classes:

Personal Services

. . . $

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Evidence Purchased

$

Postage

$

Capital Outlay

$

Total Positions Budgeted

Authorized Motor Vehicles

Provided that to the extent that Federal Funds are realized in excess of the amounts of such funds contemplated in the Investigative Division and Georgia Crime Information Center Activities of this Act, the Office of Planning and Budget is authorized and directed to use the first $500,000 of such excess funds to supplant State Funds appropriated herein. Provided further that such

1,373,153 105,057 10,450 -035,200 11,000
1,471,100 3,000
320,000 93.000 17.000
3,438,960 3,438,960
97
8,786,992 1,182,680
306,180 138,900 59,425 239,800 1,618,500 115,385 573,641 97,600 145.000 40,750 104.000
428 245

1854

GENERAL ACTS AND RESOLUTIONS, VOL. I

supplantation shall not be implemented if so doing would cause any portion of the anticipated Federal Funds not to be realized. This provision shall not apply to project grants.

Section 23. Georgia State Financing

and Investment Commission.

Budget Unit: Georgia State

Financing and

Investment Commission

$

Departmental Operations Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment

Purchases

$

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

Budget Unit Object Classes:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment

Purchases

$

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

-0-
665,000 42,500 6,000
-06,000 1,750 20,000 52,911 14,000 118,000 926,161
-029
665,000 42,500 6,000
-06,000 1,750 20,000 52,911 14,000

GEORGIA LAWS 1980 SESSION

1855

Per Diem, Fees and Contracts

$

Total Positions Budgeted

Authorized Motor Vehicles

Section 24. Office of the Governor.

A. Budget Unit: Governor's Office

$

1. Governor's Office Budget:

Cost of Operations

$

Mansion Allowance

$

Governor's Emergency Fund

$

Intern Stipends and Travel

$

Total Funds Budgeted

$

State Funds Budgeted

$

There is hereby appropriated a General Emergency Fund for meeting expenses deemed emergencies by the Governor and to be expended by the Governor at his discretion in any emergency that he may determine requires expenditure of any part of said fund. Expenditures from this fund shall be made in accordance with other provisions of State law and the Constitution.

Provided, however, that the listed appropriation shall be increased by the amount incurred in ordering the organized militia into active service of the State in case of invasion, disaster, insurrection, riot, breach of the peace, or combination to oppose the enforcement of the law by force or violence, or imminent danger thereof or other grave emergency when available funds are not sufficient for such purposes.

2. Office of Fair Employment Practices

Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

118,000 29 0
3,662,182 1,334,174
40,000 2,000,000
77,298 3,451,472 3,451,472
289,432 13,377 17,987 -03,500 1,100 -015,900

1856

GENERAL ACTS AND RESOLUTIONS, VOL. I

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

Budget Unit Object Classes:

Cost of Operations

$

Mansion Allowance

$

Governor's Emergency Fund

$

Intern Stipends and Travel

$

Personal Services

$

Regular Operating Expenses

$

Travel

....$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Positions Budgeted

Authorized Motor Vehicles

B. Budget Unit: Office of Planning

and Budget

$

1. General Administration and

Support Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

9,440 62,474 413,210 210,710
15
1,334,174 40,000
2,000,000 77,298
289,432 13,377 17,987 -03,500 1,100 -015,900 9,440 62,474 15 1
5,304,584
343,175 25,200 8,500 -028,000 1,000 -0160,716 8,300 50,000
624,891 624,891
15

GEORGIA LAWS 1980 SESSION

1857

2. Council of the Arts Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Art Grants - State Funds

$

Art Grants - Federal Funds

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

3. Educational Development Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

4. Intergovernmental Relations Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

115,500 7,910 4,100 -05,000 -0-0-
17,740 6,591 7,951 942,806 445,000 1,552,598 1,107,598
8
226,277 6,580 6,000 -0-0-0-0-04,600 6,000
249,457 234,457
9
177,271 8,039
34,473 -0-
300 830
-0-08,659 2,000

1858

GENERAL ACTS AND RESOLUTIONS, VOL. I

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

5. Management Review Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

6. Human Development Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

7. Office of Consumer Affairs:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

231,572 231,572
7
473,200 16,400 6,100 -0-0-041,000 -08,000 300
545,000 488,777
21
279,583 5,475 5,000 -0-0500 -0-04,900 -0-
295,458 280,458
10
798,000 49,975 14,000 -05,000 2,500 22,680 56,062

GEORGIA LAWS 1980 SESSION

1859

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

8. State Energy Office Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

9. Governor's Committee on

Post-Secondary Education

Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

10. Facilities Management Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

102,000 7,000
1,057,217 757,217 50
273,305 43,671 35,000 -071,003 -0-0-012,500
5,200,000 5,635,479
275,537 16
96,252 6,527 3,500 -05,009 -05,000 7,791 3,228 12,349
139,656 68,594
4
86,656 4,025 7,000 -0-

1860

GENERAL ACTS AND RESOLUTIONS, VOL. I

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

11. Physical and Economic

Development Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

12. General Government and Protection

of Persons and Property Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

1,000 8,000
-0-03,100 245,000 354,781 354,781
3
348,241 15,344 18,000 -05,000 750 12,000 -010,000 80,000
489,335 273,203
14
315,131 7,565 5,000 -0-0500 -0-05,000 -0-
333,196 308,196
12

GEORGIA LAWS 1980 SESSION

1861

13. Consumer's Utility Counsel Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

Budget Unit Object Classes:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Art Grants - State Funds

$

Art Grants - Federal Funds

$

Total Positions Budgeted

Authorized Motor Vehicles

Section 25. Grants to Counties and

Municipalities.

Budget Unit: Grants to Counties and

Municipalities

$

1. Grants to Counties

$

Total Funds Budgeted

$

State Funds Budgeted

$

2. Grants to Municipalities

$

Total Funds Budgeted

$

State Funds Budgeted

$

243,260 10,413 7,000 -0630 -0-013,000 5,000 20,000
299,303 299,303
14
3,775,851 207,124 153,673 -0120,942 14,080 80,680 255,309 181,878
5,630,600 942,806 445,000 183 0
6,800,000 2,600,000 2,600,000 2,600,000 4,200,000 4,200,000 4,200,000

1862

GENERAL ACTS AND RESOLUTIONS, VOL. I

Budget Unit Object Classes: Grants to Counties Grants to Municipalities

2,600,000 4,200,000

Provided, that the above sums shall be distributed and disbursed to the various counties and municipalities on a quarterly basis, such payments to be made on the last day of each calendar quarter.

Section 26. Department of Human Resources.
A. Budget Unit: Departmental Operations
1. General Administration and Support Budget:
Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Publications and Printing Equipment Purchases Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Utilities Postage Institutional Repairs
and Maintenance Capital Outlay Total Funds Budgeted Indirect DOAS Services Funding . . . Indirect GBA Funding Agency Funds Title XX Funds State Funds Budgeted Total Positions Budgeted Authorized Motor Vehicles

165,726,042

9,140,685

639,590

397,225

. 5

-0-

121,380

29,290

1,319,675

2,445,010

363,920

1,398,150

60,295

486,725

500,000 107,900 17,009,845 1,060,610
-06,590,645 2,094,965 7,263,625
523 7

GEORGIA LAWS 1980 SESSION

1863

General Administration and Support Functional Budgets

Total Funds State Funds Pos.

Commissioner's Office

583,615 $ 583,615 19

Child Care Licensing

$ 1,124,700 $ 976,010 59

Laboratory Improvement

$ 422,980 $ 282,950 19

Child Support Recovery

$ 1,963,190 $ 493,800 100

Contract Management

$ 1,181,505 $ 165,505 9

Public Affairs

$ 285,395 $ 285,396 12

Office of Administrative Appeals

$ 720,470 $ 720,470 22

Health Care Facilities Regulations

$ 1,679,150 $ 201,500 69

Administrative Policy, Coordination and Direction

$ 116,800 $ 116,800 5

Personnel

$ 1,226,55 $ 1,176,155 70

Administrative Support Services

$ 1,602,280 $ 1,338,280 60

1864

GENERAL ACTS AND RESOLUTIONS, VOL. I

Office of Review and

Investigation

$

Systems Planning, Development and Training $

444,215 $ 420,090 $

229,610 22 405,090 22

Program Analysis

$ 111,135 $ 111,135 7

Electronic Data Processing, Planning and Coordination

$ 1,369,675 $

-0-

0

Facilities Management

$ 3,249,610 $ 2,738,290 7

Regulatory Services Program Direction and Support

$ 508,480 $ 339,020 21

Indirect Cost

$

.0- $ (2,900,000) 0

Undistributed

$

_0- $

0-

0

Total

$ 17,009,845 $ 7,263,625 523

2. Financial Management Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Postage

$

Total Funds Budgeted

$

3,937,770 108,065 149,365 -022,240 6,005 -01,920 200 135,000 -0100
4,360,665

GEORGIA LAWS 1980 SESSION

1865

Indirect DOAS Services Funding Agency Funds State Funds Budgeted Total Positions Budgeted Authorized Motor Vehicles

$

-0-

$ 1,610,000

$ 2,750,665

223

0

Financial Management Functional Budgets

Total Funds State Funds Pos.

Budget Administration

$ 787,115 $ 787,115 35

Accounting Services

$ 2,149,465 $ 2,149,465 129

Auditing Services

$ 1,424,085 $ 1,424,085 59

Indirect Cost

$

-0- $ (1,610,000) 0

Undistributed

$

-0- $

-0-

0

Total

$ 4,360,665 $ 2,750,665 223

3. Special Programs:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Contract - Georgia

Advocacy Program

$

Utilities

$

Postage

$

Benefits for Child Care

$

Total Funds Budgeted

$

1,847,570 67,325 86,410 -021,550 -0-0-056,610
22,395,187
200,000 -0-
380 520,275 25,195,307

1866

GENERAL ACTS AND RESOLUTIONS, VOL. I

Title XX Funds Indirect DOAS Services Funding Agency Funds State Funds Budgeted Total Positions Budgeted Authorized Motor Vehicles

$ 15,953,930

$

-0-

$ 4,350,325

$ 4,891,052

90

0

Special Programs Functional Budgets

Total Funds State Funds Pos.

State Economic Opportunity Office

$ 269,350 $ 134,675 8

District Programs, Director's Office

$ 621,640 $ 478,640 25

Child Development Administration

$ 1,029,520 $

-0- 44

Child Development Contracts-Foster Care

$ 267,605 $

16,900 0

Special Projects
Child Development Contracts-Day Care
Child Development Contracts - Home Management
Child Development Contracts - Outreach
Information and Referral

$ 492,000 $ 492,000 0 $ 20,035,537 $ 2,814,717 0

$ 591,015 $ 106,850 0

$ 640,685 $ $ 317,405 $

94,405 0 53,905 0

GEORGIA LAWS 1980 SESSION

1867

Troubled Children Benefits $ 520,275 $ 520,275 0

Mental Health/Mental Retardation Advisory Council

$ 45,475 $ 45,475 2

Council on Family Planning $ 69,305 $

6,935 2

Council on Aging

$ 46,395 $ 46,395 2

Developmental Disabilities $ 169,220 $

-0-

5

Council on Maternal and Infant Health

$ 79,880 $ 79,880 2

Undistributed Total

$

-0- $

-0-

0

$ 25,195,307 $ 4,891,052 90

4. Physical Health - Program

Direction and Support Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Postage

$

Total Funds Budgeted

$

Indirect DOAS Services Funding

$

Agency Funds

$

1,730,200 115,395 45,430 -043,540 4,680 250,000 9,230 181,985 210,250 -0700
2,591,410 350,000 465,820

1868

GENERAL ACTS AND RESOLUTIONS, VOL. I

State Funds Budgeted

$

Total Positions Budgeted

Authorized Motor Vehicles

Physical Health - Program Direction and Support Functional Budgets

1,775,590 106 0

Total Funds State Funds Pos.

Director's Office

$ 418,845 $ 418,845 7

Employee's Health

$ 211,405 $ 126,405 9

Primary Health Care

$ 516,555 $ 183,735 13

Special Projects

$ 51,350 $ 20,350 3

Health Program Management

$ 525,840 $ 175,840 15

Vital Records Health Services Research Undistributed Total

$ 732,310 $ 732,310 52

$ 135,105 $ 118,105 7

$

-0- $

-0-

0

$ 2,591,410 $ 1,775,590 106

5. Physical Health - Family

Health Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

4,530,715 2,061,310
249,895 5,500
102,830 13,375

GEORGIA LAWS 1980 SESSION

1869

Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Utilities Postage Regional Grants for Prenatal and
Postnatal Care Programs Crippled Children Benefits Kidney Disease Benefits Cancer Control Benefits Contract for the Purchase of
Clotting Factor for the Hemophilia Program Benefits for Medically Indigent High Risk Pregnant Women and Their Infants Grant to Grady Hospital for Cystic Fibrosis Program Contract with Emory University for Cancer Research Contract with Emory University for Arthritis Research Grant for Cystic Fibrosis Program Family Planning Benefits Total Funds Budgeted Indirect DOAS Services Funding Agency Funds State Funds Budgeted Total Positions Budgeted Authorized Motor Vehicles

$

192,000

$

13,400

$

30,740

$ 6,584,845

$

-0-

$

18,335

$ 3,239,000

$ 3,000,000

$

500,000

$ 1,713,600

$

100,000

$

25,000

$

40,000

$

100,000

$

178,160

$

50,000

$

226,530

$ 22,975,235

$

-0-

$ 11,308,925

$ 11,666,310

273

5

Physical Health - Family Health Functional Budgets

Total Funds State Funds Pos.

Family Health Management $ 6,060,830 $ 273,545 27

Cancer Control

$ 2,289,570 $ 2,062,770 4

1870

GENERAL ACTS AND RESOLUTIONS, VOL. I

Crippled Children

$ 4,302,205 $ 2,249,505 64

Immunization

437,420

-0- 25

Maternal health

220,040 $ 218,840 7

Sexually Transmitted Diseases

$ 171,930 $ 171,930 7

Infant and Child Health

$ 3,754,460 $ 3,699,940 11

Diabetes

$ 214,265 $ 40,000 10

Chronic Disease

1,393,325 $ 1,384,325 26

Coordination, Education, Prevention
Malnutrition
Stroke and Heart Attack Prevention

$ 444,520 $ 277,830
$ 346,725

: -0-

6

-0-

8

115,425

Family Planning

$ 754,315

46,035 12

Epidemiology

$ 616,010 $ 616,010 7

Dental Health

58,680

58,680 3

GEORGIA LAWS 1980 SESSION

1871

Community Tuberculosis Control

$ 909,305 $ 729,305 25

Crippled Children - SSI Undistributed Total

$ 723,805 $

-0- 27

$

-0- $

-0-

0

$ 22,975,235 $ 11,666,310 273

6. Physical Health - Community

Health Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Postage

$

Total Funds Budgeted

$

Indirect DOAS Services Funding

$

Agency Funds

$

State Funds Budgeted

$

Total Positions Budgeted

Authorized Motor Vehicles

3,131,640 467,165 45,375 -032,320 38,225 -0-03,970 132,320 -014,255
3,865,270 -0-
395,100 3,470,170
174 5

Physical Health Community Health Functional Budgets

Total Funds State Funds Pos.

Radiological Health

$ 345,450 $ 345,450 13

1872

GENERAL ACTS AND RESOLUTIONS, VOL. I

Occupational Health

$ 252,490 $ 252,490 9

Laboratory Services Emergency Health
Undistributed Total

$ 2,857,470 $ 2,462,370 138 $ 409,860 $ 409,860 14

$

-0- $

-0-

0

$ 3,865,270 $ 3,470,170 174

7. Physical Health - Local

Services Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Postage

$

Grant to Counties for

Metabolic Disorders

Screening and Treatment

$

Family Planning Benefits

$

Midwifery Program Benefits

$

Crippled Children Benefits

$

Grants to Counties for Teenage

Pregnancy Prevention

$

Benefits for Medically Indigent

High Risk Pregnant Women

and Their Infants

$

Grant for DeKalb County Mental

Retardation Project

$

10,069,140 17,495,480
429,755 -0-
28,040 35,950
-0112,800 117,715 4,360,290
5,770 24,685
40,000 75,000 175,000 1,076,505
250,000
3,451,480
102,165

GEORGIA LAWS 1980 SESSION

1873

Grant for Chatham County Mental Retardation Project
Grant-In-Aid to Counties Total Funds Budgeted Indirect DOAS Services Funding Agency Funds Title XX Funds State Funds Budgeted Total Positions Budgeted Authorized Motor Vehicles

$

97,440

$ 19,508,210

$ 57,455,425

$

67,000

$ 28,863,340

$ 1,100,000

$ 27,425,085

581

2

Physical Health - Local Services Functional Budgets

Total Funds State Funds Pos.

Minimum Foundation

$ 5,905,335 $ 5,506,035 235

Grant-In-Aid to Counties
Stroke and Heart Attack Prevention

$ 17,183,800 $ 14,411,000 0 $ 451,350 $ 388,590 21

Family Planning

$ 5,570,520 $ 486,825 195

Sickle Cell, Vision and Hearing

$ 315,090 $ 315,090 15

Sexually Transmitted Diseases

$ 819,720 $ 93,855 26

High Risk Pregnant Women

and Their Infants

$ 3,867,240 $ 3,794,240 19

Newborn Follow-Up Care

$ 221,285 $ 221,285 12

1874

GENERAL ACTS AND RESOLUTIONS, VOL. I

District Dental
Teenage Pregnancy Prevention

$ 819,935 $ 819,935 18 $ 250,000 $ 250,000 0

District Crippled Children $ 1,894,230 $ 1,138,230 33

Mental Retardation Projects $ 199,605 $

-0-

0

Malnutrition

$ 19,957,315 $

-0-

7

Undistributed

$

-0- $

-0-

0

Total

$ 57,455,425 $ 27,425,085 581

8. Mental Health - Program

Direction and Support Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Postage

$

Total Funds Budgeted

$

Title XX Funds

$

Indirect DOAS Services Funding

$

Agency Funds

$

State Funds Budgeted

$

Total Positions Budgeted

3,018,005 116,515 162,700 -051,945 -0500,000 -0130,175
1,081,160 2,500 1,600
5,064,600 13,630
500,000 1,824,915 2,726,055
145

GEORGIA LAWS 1980 SESSION

1875

Mental Health - Program Direction and Support Functional Budgets
Total Funds State Funds Pos.

Administration

$ 1,520,810 $ 1,485,810 65

Special Projects and Contracts
Program Coordination

$ 1,130,515 $

-0-

8

$ 2,413,275 $ 1,240,245 72

Undistributed Total

$

-0- $

-0-

0

$ 5,064,600 $ 2,726,055 145

9. Purchase of Social Services:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Postage

$

W.I.N. Benefits

$

Grants to Fulton County for 24-

hour Emergency Social Services

$

Benefits for Child Care

$

Homemaker Meals

$

Chatham County Homemaker Project ... $

Douglas County Homemaker Project .... $

Fulton County Homemaker Project

$

-0-0-0-0-0-0-0-0-0250,000 -0-0750,000
130,000 8,947,645
98,400 406,330 103,870 230,735

1876

GENERAL ACTS AND RESOLUTIONS, VOL. I

Total Funds Budgeted Agency Funds Title XX Funds State Funds Budgeted Total Positions Budgeted

$ 10,916,980 $ 4,693,145 $ 1,361,795 $ 4,862,040
0

Purchase of Social Services Functional Budgets

Total Funds State Funds Pos.

Work Incentive Benefits

$ 750,000 $

75,000 0

Grants to Fulton County for 24-hour Emergency Social Services
Legal Services

$ 130,000 $ 130,000 0 $ 250,000 $ 62,500 0

AFDC - Family Foster Care $ 2,628,455 $ 873,700 0

AFDC - Institutional Foster Care

$ 819,500 $ 272,400 0

Specialized Foster Care
Child Welfare Family Foster Care

$

50,000 $

27,500 0

$ 3,967,025 $ 2,447,025 0

Adoption Supplement

$ 158,240 $ 158,240 0

Non-AFDC Institutional Foster Care

$ 149,025 $ 149,025 0

GEORGIA LAWS 1980 SESSION

1877

Liability Insurance Emergency Shelter Care

$

15,400 $

15,400 0

$ 80,000 $ 20,000 0

DayCare

$ 725,000 $ 305,000 0

Psychiatric, Psychological and Speech Therapy

$ 120,000 $

30,000 0

Maternity Care
Return of Runaways County

$ 230,000 $ 230,000 0

$

5,000 $

1,250 0

Homemaker Projects

$ 839,335 $ 65,000 0

Undistributed Total

$

-0- $

-0-

0

$ 10,916,980 $ 4,862,040 0

10. Youth Services - Program

Direction and Support:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

'

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Postage

$

Benefits for Child Care

$

Total Funds Budgeted

$

537,795 13,600 16,270 -04,000 2,800 -0-016,500 2,500 -0-0-0-
593,465

1878

GENERAL ACTS AND RESOLUTIONS, VOL. I

Indirect DOAS Services Funding Agency Funds State Funds Budgeted Total Positions Budgeted Authorized Motor Vehicles

$

-0-

$

-0-

$

593,465

25

0

11. Services to the Aged Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Postage

$

Total Funds Budgeted

$

Title XX Funds

$

Agency Funds

$

State Funds Budgeted

$

Total Positions Budgeted

864,225 19,020 37,575 -05,555 -0-0-025,740
15,046,225 -0-0-
15,998,340 4,029,795 10,692,810 1,275,735
41

Services to the Aged Functional Budgets Total Funds State Funds Pos.

Title XX Adult Services

$ 5,160,210 $

Administration and Planning $ 1,729,940 $

774,040 0 231,965 41

Nutrition Grants

$ 5,394,585 $ 269,730 0

GEORGIA LAWS 1980 SESSION

1879

Areawide Grants
Undistributed Total

$ 3,713,605 $

-0-

0

$

-0- $

-0-

0

$ 15,998,340 $ 1,275,735 41

12. Vocational Rehabilitation -

Program Direction and

Support Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Postage

$

E.S.R.P. Case Services

$

Grants for Nephrology Centers

$

Total Funds Budgeted

$

Indirect DOAS Services Funding

$

Agency Funds

$

State Funds Budgeted

$

Total Positions Budgeted

1,006,965 60,040 48,865 -018,515 -0-
453,375 -0-
25,290 470,815
-03,645 150,000 185,000 2,422,510 100,000 1,686,890 635,620
54

Vocational Rehabilitation - Program Direction and Support Functional Budgets

Total Funds State Funds Pos.

Program Direction and Support

$ 1,491,290 $ 291,179 40

1880

GENERAL ACTS AND RESOLUTIONS, VOL. I

Grants Management

$ 931,220 $ 344,450 14

Undistributed Total

$

-0- $

$ 2,422,510 $

-0-

0

635,620 54

13. Vocational Rehabilitation -

Facilities Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Postage

$

Capital Outlay

$

Case Services

$

Total Funds Budgeted

$

Indirect DO AS Services Funding

$

Agency Funds

$

Title XX Funds

$

State Funds Budgeted

$

Total Positions Budgeted

Authorized Motor Vehicles

2,379,320 131,975 21,035 -0900 1,400 -098,395 28,355 102,400 54,840 3,225 -0-0-
2,821,845 -0-
1,939,590 268,000 614,255 156 14

Vocational Rehabilitation - Facilities Functional Budgets

Total Funds State Funds Pos.

Youth Development Center -

V. R. Unit

$

214,360 $

42,875 12

GEORGIA LAWS 1980 SESSION

1881

Atlanta Rehabilitation Center

$ 1,374,970 $ 304.065 65

Alto Rehabilitation Center $ 223,285 $ 44,660 12

Cave Spring Rehabilitation Center

$ 280,980 $ 65,800 16

Central Rehabilitation Center

$ 385,385 $

77,080 27

Georgia Vocational Adjustment Center - Gracewood

$ 342,865 $

79,775 24

Undistributed

$

-0- $

-0-

0

Total

$ 2,821,845 $ 614,255 156

14. Roosevelt Warm Springs

Rehabilitation Institute:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Postage

$

Case Services

$

Capital Outlay

$

Operations

$

Total Funds Budgeted

$

Indirect DOAS Services Funding

$

Agency Funds

$

State Funds Budgeted

$

Total Positions Budgeted

Authorized Motor Vehicles

5,578,660 981,095 37,100 30,400 8,800 115,060 -0-0138,570 575,050 459,300 11,800 85,000
3,700,000 -0-
11,720,835 50,000
9,676,150 1,994,685
403 13

1882

GENERAL ACTS AND RESOLUTIONS, VOL. I

Roosevelt Warm Springs Rehabilitation Institute Functional Rudgets

Total Funds State Funds Pos.

Administration

$ 4,632,515 $ 1,629,005 90

Georgia Rehabilitation Center

2,629,715 $ 258,590 121

Special Care Unit
Independent Living
Intermediate Care Facility
Deaf/Blind

$ 979,240 $ (1,536,465) 57 $ 458,955 $ 291,455 19

$ 406,665 $

(8,820) 21

$ 208,540 $ 183,635 12

Research/T raining

145,950

82,075 3

Recreation

126,285 $ 126,285 5

Clinic

2,132,970

968,925 75

Total

11,720,835 $ 1,994,685 403

15. Georgia Factory for the

Blind Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

1,957,300 3,396,505
54,115 19,300 3,125

GEORGIA LAWS 1980 SESSION

1883

Equipment Purchases Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Utilities Postage Case Services Total Funds Budgeted Agency Funds State Funds Budgeted Total Positions Budgeted Authorized Motor Vehicles

$

15,600

$

-0-

$

8,590

$

19,615

$

53,865

$

63,665

$

4,300

$

225,000

$ 5,820,980

$ 5,388,495

$

432,485

42

13

Georgia Factory for the Blind Functional Budgets

Total Funds State Funds Pos.

Operations

$ 4,784,490 $

-0-

0

Supervision

$ 281,485 $ 281,485 19

Vocational Rehabilitation Unit

$ 102,250 $ 20,450 6

Business Enterprise Vending

Stand Project

$

652,755 $

130,550 17

Undistributed

$

-0- $

-0-

0

Total

$ 5,820,980 $ 432,485 42

16. Vocational Rehabilitation -

Services Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

12,138,195 370,840 355,000 -0-

1884

GENERAL ACTS AND RESOLUTIONS, VOL. I

Publications and Printing Equipment Purchases Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Utilities Postage Contract for Epilepsy Case Services Total Funds Budgeted Indirect DOAS Services Funding Agency Funds State Funds Budgeted Total Positions Budgeted Authorized Motor Vehicles

$

10,200

$

17,210

$

-0-

$

554,445

$

342,000

$

135,060

$

76,700

$

63,835

$

50,000

$ 14,996,200

$ 29,109,685

$

150,000

$ 22,881,100

$ 6,078,585

711

3

17. Vocational Rehabilitation -

Disability Adjudication Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Postage

$

Case Services

$

Total Funds Budgeted

$

Agency Funds

$

State Funds Budgeted

$

Total Positions Budgeted

5,163,625 120,840 15,635 -015,000 9,350 -0311,905 233,020 211,120 -094,000
3,628,300 9,802,795 9,802,795
-0307

18. Public Assistance Budget: Personal Services Regular Operating Expenses Travel

$

-0-

$

175,000

$

-0-

GEORGIA LAWS 1980 SESSION

1885

Motor Vehicle Equipment Purchases
Publications and Printing Equipment Purchases Computer Charges Real Estate Rentals Per Diem, Fees and Contracts SSI-Supplement Benefits AFDC Benefits Total Funds Budgeted Agency Funds State Funds Budgeted Total Positions Budgeted

$

-0-

$

-0-

$

-0-

$

-0-

$

-0-

$

-0-

$

25,000

$ 148,033,560

$ 148,233,560

$ 99,002,205

$ 49,231,355

0

Public Assistance Functional Budgets Total Funds State Funds Pos.

Refugee Benefits AFDC Payments SSI - Supplement Benefits Undistributed Total

$ 175,000 $

-0-

0

$148,033,560 $ 49,206,355 0

$

25,000 $ 25,000 0

$

-0- $

-0-

0

$148,233,560 $ 49,231,355 0

19. Local Services - Community Services

and Benefits Payments Budget:

Personal Services

$

-0-

Regular Operating Expenses

$

-0-

Travel

$

-0-

Motor Vehicle Equipment Purchases .... $

-0-

Publications and Printing

$

-0-

Equipment Purchases

$

-0-

Computer Charges

$

-0-

Real Estate Rentals

$

-0-

Per Diem, Fees and Contracts

$

-0-

1886

GENERAL ACTS AND RESOLUTIONS, VOL. I

Local Services Benefits Payments Grants
Grants to Counties for Social Services
Total Funds Budgeted Agency Funds Title XX Funds State Funds Budgeted Total Positions Budgeted

$ 41,582,090
$ 36,077,780 $ 77,659,870 $ 23,462,190 $ 20,267,100 $ 33,930,580
0

Local Services - Community Services and Benefits Payments Functional Budgets

Total Funds State Funds Pos.

Local Services Benefits Payments Grants $ 41,582,090 $ 20,150,700 0

Grants to Counties for Social Services

$ 36,077,780 $ 13,779,880 0

Undistributed

$

-0- $

-0-

0

Total

$ 77,659,870 $ 33,930,580 0

20. Family and Children Services -

Program Direction and Support

Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Postage

$

5,652,755 189,595 279,795 -0503,155 9,000
1,850,000 142,290 243,830
3,092,060 9,225
203,535

GEORGIA LAWS 1980 SESSION

1887

Total Funds Budgeted Agency Funds Indirect DOAS Services Funding Title XX Funds State Funds Budgeted Total Positions Budgeted

$ 12,175,240

$ 6,782,795

$

729,390

$

815,795

$ 3,847,260

315

Family and Children Services - Program Direction and Support Functional Budgets

Total Funds State Funds Pos.

Director's Off ice

$ 446,630 $ 159,955 12

Standards and Procedures

$ 438,440 $ 197,300 9

Training

$ 709,045 $ 106,355 13

Management Development $ 1,628,625 $ 785,730 79

Administrative Support

$ 2,626,750 $ 580,215 20

Food Stamp

$ 2,936,355 $ 280,685 22

District Program Operations $ 2,111,430 $ 1,026,155 101

Special Services

$ 1,062,210 $ 594,235 47

Eligibility Determination

$ 215,755 $ 116,630 12

Undistributed

$ , -0- $

-0-

0

Total

$ 12,175,240 $ 3,847,260 315

1888

GENERAL ACTS AND RESOLUTIONS, VOL. I

21. Family and Children Services -

District Administration Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Total Funds Budgeted

$

Agency Funds

$

Title XX Funds

$

Indirect DOAS Services Funding

$

State Funds Budgeted

$

Total Positions Budgeted

501,725 20,100 25,360 -0-0-0-021,770 8,690 -02,000
579,645 207,020
-0111 ,200 261,425
19

Budget Unit Object Classes: Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Publications and Printing Equipment Purchases Computer Charges. Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Utilities Postage Capital Outlay Grants for Regional Prenatal and Postnatal Care Programs Crippled Children Benefits Kidney Disease Benefits Cancer Control Benefits

$ 73,186,290 $ 26,549,455 $ 2,456,905

$

55,200

$

993,095

$

297,945

$ 4,565,050

$ 3,719,755

$ 1,966,925

$ 56,236,297

$

732,295

$

933,120

$ 3,807,900

$ 3,239,000

$ 4,076,505

$

500,000

$ 1,713,600

GEORGIA LAWS 1980 SESSION

1889

Benefits for Medically Indigent

High Risk Pregnant Women and

Their Infants

$

Family Planning Benefits

$

Benefits for Midwifery Program

$

Grants for DeKalb County

Mental Retardation Project

$

Grants for Chatham County

Mental Retardation Project

$

Grant-In-Aid to Counties

$

Work Incentive Benefits

$

Grants to Fulton County for 24-

hour Emergency Social Services

$

Benefits for Child Care

$

Homemaker Meals

$

Chatham County Homemaker Project ... $

Douglas County Homemaker Project .... $

Fulton County Homemaker Project

$

Grants for Nephrology Centers

$

Case Services

$

E.S.R.P. Case Services

$

SSI-Supplement Benefits

$

AFDC Benefits

$

Local Services Benefits

Payments Grants

$

Grants to Counties for Social

Services

$

Contract for the Purchase of

Clotting Factor for the

Hemophilia Program

$

Institutional Repairs

and Maintenance

$

Contract with Emory University

for Arthritis Research

$

Grant for Epilepsy Program

$

Grant to Grady Hospital for

Cystic Fibrosis Program

$

Contract - Georgia

Advocacy Program

$

Grant for Teenage Pregnancy

Prevention Program

$

3,476,480 301,530 175,000
102,165
97,440 19,508,210
750,000
130,000 9,467,920
98,400 406,330 103,870 230,735 185,000 18,934,500 150,000
25,000 148,033,560
41,582,090
36,077,780
100,000
500,000
178,160 50,000
40,000
200,000
250,000

so

1890

GENERAL ACTS AND RESOLUTIONS, VOL. I

Contract - Cancer Research

at Emory

$

Operations

$

Grant for Cystic

Fibrosis Program

$

Grants to Counties for

Metabolic Disorders

Screening and Testing

$

Total Positions Budgeted

Provided, that of the above appropriation, $100,000 is designated and committed for the purchase of clotting factor for the Hemophilia Program and for no other purpose.

Provided, that of the above appropriation, $100,000 is designated and committed to operate a Hemophilia Program in the Metropolitan Atlanta Area and to operate the Hemophilia Program in Augusta.

Provided, that of the above appropriation, $437,000 is designated and committed for 121/2% matching for Day Care Centers in the Appalachian Region.

Provided, that of the funds available in the Physical Health - Local Services Budget not less than $125,000 is committed for continuation of the Community Cardiovascular Council StrokeScreening Program.

Provided that no State funds shall be used for advertising the Food Stamp program or other welfare programs unless failure to so apply State funds would cause the loss of Federal funds for programs other than advertising.

There is hereby appropriated $49,206,355 in State funds for the purpose of making AFDC benefit payments.

100,000 -0-
50,000
40,000 4,188

GEORGIA LAWS 1980 SESSION

1891

Provided that for Fiscal 1981, the following maximum benefits and maximum standards of need shall apply:

Number in Asst. Group

Standards of Need

Maximum Monthly Amount

1

$ 106

$ 90

2

161

137

3

193

164

4

227

193

5

260

221

6

282

240

7

305

259

8

324

275

9

341

290

10

365

310

11

390

332

Provided further, that the Department of Human Resources is authorized to calculate all monthly benefit payments utilizing a factor of 85% of the above standard of needs.

Provided, that of the above appropriation, $ 120,000 is designated and committed to operate the Rome Cerebral Palsy Center.

Provided, however, it is the intent of this General Assembly that no additional group homes or community treatment centers be started with Federal funds without prior approval by the General Assembly of Georgia.

Provided, however, it is the intent of this General Assembly that the rate paid to Dentist for services rendered in the District Dental Clinics shall not exceed twenty-five dollars ($25.00) per hour.

1892

GENERAL ACTS AND RESOLUTIONS, VOL. I

Provided that of the above appropriation relating to Statewide Grants for Pre-natal and Post-natal Care Programs, $3,239,000 is designated and committed for a Statewide program of pre-natal and post-natal care, including all hospitals where such program or programs are providing or shall provide such care.
Provided, that of the above appropriation relating to the Physical Health - Family Health Activity, $40,000 is designated and committed for a grant to Grady Memorial Hospital in Atlanta for the purpose of operating a cystic fibrosis program.
Provided that grants of Federal Title V (Maternal and Child Health - A and B) funds above the amounts anticipated in this appropriation shall be used to improve and expand Physical Health programs and not to supplant State funds in this appropriation.
Provided, that of the above appropriation, the Department of Human Resources is authorized to provide treatment for eye disorders, provided that treatment for the disability cannot be obtained from other sources.
Provided, further, that the Department of Human Resources is authorized to make monthly advances to Child Care Day Care Centers from funds authorized for this purpose.
Provided further, it is the intent of this General Assembly that AFDC Benefit payments from funds appropriated herein shall be made from the date of certification and not from the date of application.
Provided further, the Department of Human Resources is authorized to make payments (not to exceed $5,000) to the Georgia Building Authority

GEORGIA LAWS 1980 SESSION

1893

for the purpose of maintaining the grounds at the Roosevelt Warm Springs Hospital.

To purchase, lease or otherwise acquire or reimburse for the purchase or lease of equipment, or purchase or reimburse for the purchase of drugs and medical treatment of persons with Cystic Fibrosis over the age of 21. Funds shall be expended to those persons qualifying who are not otherwise covered by any other private or publicly funded program and are determined to need support from the State.

B. Budget Unit: State Health Planning

and Development

$

State Health Planning

and Development Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Total Funds Budgeted

$

Indirect DOAS Services Funding

$

Agency Funds

$

State Funds Budgeted

$

Total Positions Budgeted

Authorized Motor Vehicles

Budget Unit Object Classes:

Personal Services

:

$

Regular Operating Expenses

$

Travel

$

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

376,400
674,440 36,475 41.000 6,000 3,900 15.000 40,700 24.000 191,100 12.000
1,044,615 -0-
668,215 376,400
33 0
674,440 36,475 41.000 6,000 3,900 15.000 40,700 24.000

1894

GENERAL ACTS AND RESOLUTIONS, VOL. I

Per Diem, Fees and Contracts Postage Total Positions Budgeted Authorized Motor Vehicles

$

191,100

$

12,000

33

0

There is hereby appropriated $376,400 in State funds for this budget unit including such amounts as may be transferred from other sections of this Act for salary increases and health insurance.

C. Budget Unit: Community Mental Health/

Mental Retardation Youth

Services and

Institutions

$ 211,780,779

1. Georgia Regional Hospital at

Augusta Budget:

Personal Services

$ 6,750,886

Regular Operating Expenses

$

955,175

Travel

$

10,500

Motor Vehicle Equipment Purchases . . . . $

35.000

Publications and Printing

$

5,000

Equipment Purchases

$

51,535

Computer Charges

$

65,200

Real Estate Rentals

$

-0-

Telecommunications

$

72,700

Per Diem, Fees and Contracts

$

220,350

Utilities

$

257.000

Postage

$

8,320

Authority Lease Rentals

$

387.000

Capital Outlay

$

500.000

Total Funds Budgeted

$ 9,318,666

Agency Funds

$ 1,232,597

Indirect DOAS Services Funding

$

60.000

State Funds Budgeted

$ 8,026,069

Total Positions Budgeted

498

Authorized Motor Vehicles

23

2. Georgia Regional Hospital at Atlanta Budget:
Personal Services Regular Operating Expenses Travel

$ 8,679,975

$ 1,178,650

$

14,300

GEORGIA LAWS 1980 SESSION

1895

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

.. . $

Postage

$

Capital Outlay

$

Authority Lease Rentals

$

Total Funds Budgeted

$

Agency Funds

$

Indirect DOAS Services Funding

$

State Funds Budgeted

$

Total Positions Budgeted

Authorized Motor Vehicles

42,400 8,000
92,145 112,000
-098,000 130,125 307,000 10,000
-0513,000 11,185,595 1,369,248
93,000 9,723,347
635 25

3. Georgia Regional Hospital at

Savannah Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Postage

$

Authority Lease Rentals

$

Capital Outlay

$

Total Funds Budgeted

$

Agency Funds

$

Indirect DOAS Services Funding

$

State Funds Budgeted

$

Total Positions Budgeted

Authorized Motor Vehicles

6,840,685 689,040 13,600 -01,100 44,670 97,000 -077,370 107,590 315,000 6,500 500,000 -0-
8,692,555 672,126 85,000
7,935,429 496 22

1896

GENERAL ACTS AND RESOLUTIONS, VOL. I

4. West Central Georgia Regional

Hospital Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Postage

$

Authority Lease Rentals

$

Capital Outlay

$

Total Funds Budgeted

$

Agency Funds

$

Indirect DOAS Services Funding

$

State Funds Budgeted

$

Total Positions Budgeted

Authorized Motor Vehicles

6,147,410 760,795 12,900 -03,575 72,885 82,240 -068,310 50,845 285,500 10,700 646,500 600,000
8,741,660 874,390 75,000
7,792,270 447 25

5. Northwest Georgia Regional Hospital

at Rome Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Postage

$

Capital Outlay

$

Authority Lease Rentals

$

Total Funds Budgeted

$

Agency Funds

$

Indirect DOAS Services Funding

$

8,621,085 913,435 11,330 40,350 1,200 44,116 100,000 -074,800 40,975 800,000 6,700 14,000 853,500
11,521,491 2,112,421
85,000

GEORGIA LAWS 1980 SESSION

1897

State Funds Budgeted Total Positions Budgeted Authorized Motor Vehicles

$ 9,324,070 648 45

6. Gracewood State School

and Hospital Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Postage

$

Capital Outlay

$

Total Funds Budgeted

$

Agency Funds

$

Indirect DO AS Services Funding

$

State Funds Budgeted

$

Total Positions Budgeted -

July 1, 1980

Total Positions Budgeted -

June 30, 1981

Authorized Motor Vehicles

22,587,365 2,629,615 10,700 91,900 5,380 191,445 64,000 -0211,520 106,720 1,065,400 13,200 -0-
26,977,245 11,334,992
155,000 15,487,253
1,858
1,796 110

7. Southwestern State Hospital Budget:

Personal Services

$

Regular Operating Expepses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Postage

$

Capital Outlay

$

14,357,100 1,570,560 17,450 72,340 4,900 333,155 108,000 -0120,440 245,590 738,000 14,000 -0-

1898

GENERAL ACTS AND RESOLUTIONS, VOL. I

Total Funds Budgeted Agency Funds Indirect DOAS Services Funding State Funds Budgeted Total Positions Budgeted Authorized Motor Vehicles

$ 17,581,535

$ 3,311,042

$

90,000

$ 14,180,493

1,120

53

8. Georgia Retardation Center Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Postage

$

Authority Lease Rentals

$

Capital Outlay

$

Total Funds Budgeted

$

Agency Funds

$

Indirect DOAS Services Funding

$

State Funds Budgeted

$

Total Positions Budgeted

Authorized Motor Vehicles

11,978,545 2,364,165
11,220 37,500
4,080 46,545 146,000
-0122,280 86,945 801,000
8,385 794,000 145,000 16,545,665 7,790,980 100,000 8,654,685
901 34

9. Georgia Mental Health

Institute Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Postage

$

7,111,295 927,280 13,900 59,000 5,595 119,330 103,000 -0157,725 568,675 945,900 11,900

GEORGIA LAWS 1980 SESSION

1899

Authority Lease Rentals Capital Outlay Total Funds Budgeted Agency Funds Indirect DOAS Services Funding State Funds Budgeted Total Positions Budgeted Authorized Motor Vehicles

$

450,000

$

-0-

$ 10,473,600

$

899,261

$

193,000

$ 9,381,339

494

20

10. Central State Hospital Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Postage

$

Authority Lease Rentals

$

Capital Outlay

$

Total Funds Budgeted

$

Agency Funds

$

Indirect DOAS Services Funding

$

State Funds Budgeted

$

Total Positions Budgeted -

July 1, 1980

Total Positions Budgeted -

June 30, 1981

Authorized Motor Vehicles

55,955,135 7,973,625 20,710 123,000 26,580 460,751 492,240 -0436,900 206,820 3,550,000 42,500 786,000 300,000
70,374,261 16,278,738
589,000 53,506,523
4,236
4,167 216

11. State Youth Development

Centers Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

9,202,630 1,193,175
5,500 47,475
3,000 46,535
-0-

1900

GENERAL ACTS AND RESOLUTIONS, VOL. I

Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Utilities Postage Capital Outlay. . . Total Funds Budgeted Agency Funds State Funds Budgeted Total Positions Budgeted Authorized Motor Vehicles

$

-0-

$

88,065

$

120,000

$

611,000

$

18,465

$

240,000

$ 11,575,845

$

335,000

$ 11,240,845

711

103

12. Regional Youth Development Centers Budget:
Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Publications and Printing Equipment Purchases Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Utilities Postage Capital Outlay Grants to County-Owned Detention
Centers Total Funds Budgeted Agency Funds State Funds Budgeted Total Positions Budgeted Authorized Motor Vehicles

4,294,810 658,240 9,600 17,000 2,000 38,825 -0-043,835 58,200 315,390 7,300 -0-
870,000 6,315,200
210,085 6,105,115
351 32

13. Community Mental Health/

Mental Retardation

Services Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

6,840,187 527,335 38,605 27,500 6,330

GEORGIA LAWS 1980 SESSION

1901

Equipment Purchases Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Utilities Postage Drug Abuse Contracts Day Care Centers for the
Mentally Retarded MR Day Care Center Motor
Vehicle Purchases Developmental Disability
Services Chiefs Group Homes for the
Mentally Retarded Supportive Living Staff Supportive Living Benefits Georgia State Foster
Grandparent/Senior Companion Program Community Residential Services Staff Community Residential Services Community Mental Health Center Services Project Rescue Project ARC Uniform Alcoholism Projects Total Funds Budgeted Title XX Funds Agency Funds State Funds Budgeted Total Positions Budgeted Authorized Motor Vehicles

$

18,325

$

-0-

$

72,760

$

28,510

$

199,300

$

14,800

$

1,500

$ 1,055,994

$ 34,755,995

$

487,500

$

597,500

$ 2,999,730

$

313,300

$ 1,494,000

$

509,000

$

856,925

$ 1,280,000

$ 43,598,988

$

210,350

$

120,000

$ 1,518,710

$ 97,573,144

$ 21,256,410

$ 32,744,533

$ 43,572,201

425

800

1902

GENERAL ACTS AND RESOLUTIONS, VOL. I

Community Mental Health/Mental Retardation Services Functional Budgets

Total Funds State Funds Pos.

Mental Health Community Assistance

4,165,067 $ 4,082,117 240

Outdoor Therapeutic Program

$ 623,265 $ 623,265 24

Mental Retardation Community Assistance

1,335,820 $ 1,335,820 69

Central Pharmacy
Metro Drug Abuse Centers
Developmental Disability Service Chiefs
Day Care Centers for the Mentally Retarded

$ 102,515 $ 102,515 3 $ 912,440 $ 308,660 47 $ 597,500 $ 597,500 0 $ 35,487,500 $ 14,379,890 21

Supportive Living
Group Homes for the Mentally Retarded

$ 1,807,300 $ 1,807,300 0 2,999,730 $ 2,999,730 0

Georgia State Foster Grandparent/Senior Companion Program
Community Residential Services
Project Rescue

509,000 $ 509,000 0
2,136,925 $ 1,736,925 0 210,350 $ 61,550 0

GEORGIA LAWS 1980 SESSION

1903

Drug Abuse Contracts

$ 1,055,994 $ 228,165 0

Project ARC

$ 120,000 $ 120,000 0

Community Mental Health Center Services

$ 43,991,028 $ 13,161,054 21

Uniform Alcoholism Projects $ 1,518,710 $ 1,518,710 0

Undistributed

$

-0- $

-0-

0

Total

$ 97,573,144 $ 43,572,201 425

14. Community Youth Services Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Postage. .

$

Child Care Benefits

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

Authorized Motor Vehicles

5,746,861 398,129 259,450 14,000 2,670 10,000 -0243,500 149,030 -025,700 14,800 12,000
6,876,140 6,851,140
392 19

Community Youth Services Functional Budgets

Total Funds State Funds Pos.

Group Homes

$ 438,470 $ 438,470 26

1904

GENERAL ACTS AND RESOLUTIONS, VOL. I

Community Detention

$ 493,895 $ 468,895 15

Day Centers

$ 424,610 $ 424,610 24

Community Treatment Centers

$ 1,413,090 $ 1,413,090 88

Court Services

$ 3,796,665 $ 3,796,665 220

Runaway Investigations

$ 252,350 $ 252,350 16

Interstate Compact

$

57,060 $

57,060 3

Undistributed

$

-0- $

-0-

0

Total

$ 6,876,140 $ 6,851,140 392

Budget Unit Object Classes: Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Publications and Printing Equipment Purchases Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Utilities Postage Capital Outlay Authority Lease Rentals

$ 175,113,969

$ 22,739,219

$

449,765

$

607,465

$

79,410

$ 1,570,262

$ 1,369,680

$

316,260

$ 1,749,485

$ 2,142,135

$ 10,031,690

$

174,270

$ 1,799,000

$ 4,930,000

GEORGIA LAWS 1980 SESSION
Grants to County-Owned Detention Centers
Drug Abuse Contracts Day Care Centers for the
Mentally Retarded MR Day Care Center Motor
Vehicle Purchases Developmental Disability
Services Chiefs Group Homes for the
Mentally Retarded Supportive Living Staff Supportive Living Benefits Georgia State Foster
Grandparent/Senior Companion Program Community Residential Services Staff Community Residential Services Community Mental Health Center Services Project Rescue Project ARC Uniform Alcoholism Projects. . . Child Care Benefits Total Positions Budgeted July l| 1980 Total Positions Budgeted June 30, 1981 Authorized Motor Vehicles
Provided, that of the above appropriation relating to Community Mental Health Centers, agency income, excluding federal grants where prohibited, shall be expended first to cover expenses for local programs. Surplus funds at the end of the year shall not exceed 60-day collections. Surplus above this limitation shall revert to the State and local governments on a pro rata basis based on contribution of said governments to the program.

1905
870,000 1,055,994
34,755,995
487.500
597.500
2,999,730 313,300
1,494,000
509.000
856,925 1,280,000
43,598,988 210,350 120.000
1,518,710 12,000
13,212
13,081 1,527

1906

GENERAL ACTS AND RESOLUTIONS, VOL. I

Provided, that of the above appropriation relating to Community Residential Services Benefits, the Department is authorized to increase the maximum monthly payments to service providers from $300 to $350 and to supplant State funds with patient collections to reduce the State cost of the program.
Provided, that of the above appropriation relating to Community Mental Health Centers, private gifts and donations, as well as proceeds of local fund raising activities, shall not be required to be budgeted to the Department or to the Office of Planning and Budget.
Provided that the Department is given the flexibility in the Community Residential Services Program to use benefits to contract with private home providers for service or to provide (through local Health Departments) small group living situations for clients; and further provided that these residential services are available to clients residing in the community as well as those returning to their communities from the institution.
Provided, that of the above appropriation relating to Regional Youth Development Centers, $800,000 is hereby appropriated for the purchase and operation of Chatham and/or DeKalb Detention Centers.
Provided, that within funds available for Personnel Services at Central State Hospital, the Department of Human Resources is authorized to adjust Merit System pay grades for security attendants in the Forensic Services programs at Central State Hospital subject to the approval of the State Merit System of Personnel Administration.
Provided that Community Mental Health Centers shall provide services to clients living within the geographic catchment area served by such

GEORGIA LAWS 1980 SESSION

1907

centers without regard to the length of time such client has resided in such geographic catchment area if such client is otherwise eligible to receive services.

Section 27. Department of Industry

and Trade.

A. Budget Unit: Department of Industry

and Trade

$

1. Industry Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

2. Research Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

i

$

State Funds Budgeted

$

Total Positions Budgeted

3. Tourism - Promotional Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

8,028,638
546,171 12,800 37,000 -011,500 540 -0-0-01,500
609,511 609,511
23
255,341 4,100 2,500 -010,000
31,050 7,078 -0-010,000
320,069 320,069
14
512,565 66,000 39,000

1908

GENERAL ACTS AND RESOLUTIONS, VOL. I

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Historic Chattahoochee

Commission Contract

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

4. Tourist - Welcome Centers Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Capital Outlay

$

Local Welcome Centers

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

5. Internal Administration Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

-0193,300
850 20,500
-0-057,370
35,000 924,585 924,585
29
1,136,200 296,890 32,800 -0-08,000 -0-06,918 -0-095,000
1,575,808 1,536,945
100
503,000 219,750
18,000 8,500 48,000 1,000 5,288 171,000 110,082 15,000 154,000

GEORGIA LAWS 1980 SESSION

1909

Georgia Ports Authority -

Authority Lease Rentals

$

Georgia Ports Authority -

General Obligation Bond

Payments

$

Georgia World Congress Center -

Operations

$

Atlanta Council for

International Visitors

$

Waterway Development in Georgia .....$

Georgia Music Week Promotion

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

6. International Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

7. Advertising Budget:

Advertising

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

Budget Unit Object Classes:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

2,595,000
500,000
-0-
20,000 25.000 10.000 4.403.620 3.113.620
25
426,646 39,700 73.500 -013.500 1,400 20,662 39.000 15.500 66.000
695,908 695,908
14
828,000 828,000 828,000
0
3,379,923 639,240 202,800 8,500 276,300 42,840

1910

GENERAL ACTS AND RESOLUTIONS, VOL. I

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Capital Outlay

$

Local Welcome Center Contracts

$

Advertising

$

Georgia Ports Authority -

Authority Lease Rentals

$

Georgia Ports Authority -

General Obligation Bond

Payments

$

Georgia World Congress Center -

Operations

$

Historic Chattahoochee

Commission Contract

$

Atlanta Council for

International Visitors

$

Waterway Development in Georgia

$

Georgia Music Week Promotion

$

Total Positions Budgeted

Authorized Motor Vehicles

For general administrative cost of operating the Department of Industry and Trade, including advertising expense.

B. Budget Unit: Authorities. .

$

1. Georgia World Congress Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

53,528 210,000 132,500 149,870 154.000
-095,000 828.000
2,595,000
500,000
-0-
35.000
20.000 25.000 10.000
205 21
-0-
2,339,568 866,900 15,000 -015.000 30.000 1,080 -039,240 135,960
3,442,748

GEORGIA LAWS 1980 SESSION

1911

State Funds Budgeted Total Positions Budgeted

$

-0-

120

2. Georgia Ports Authority Budget: Personal Services Regular Operating Expenses and Computer Charges Travel Motor Vehicle Equipment Purchases, Equipment Purchases and Capital Outlay Publications and Printing Real Estate Rentals Telecommunications Repayments for State General Obligation Bonds and Authority Lease Rental Obligations Per Diem, Fees and Contracts Other Debt-Service Payments Capital Reinvestment Total Funds Budgeted State Funds Budgeted Total Positions Budgeted

$ 17,060,582

$ 5,931,176

$

309,977

$ 5,456,000

$

-0-

$

70,800

$

215,783

$ 1,662,000

$

862,950

$

522,000

$ 2,689,514

$ 34,780,782

$

-0-

720

Budget Unit Object Classes:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Regular Operating Expenses, '

Computer Charges

$

Motor Vehicle Equipment

Purchases, Equipment Purchases

and Capital Outlay

$

19,400,150 866,900 324,977 -015,000 30,000 1,080 70,800 255,023 998,910
5,931,176
5,456,000

1912

GENERAL ACTS AND RESOLUTIONS, VOL. I

Repayments for State General

Obligation Bonds and Authority

Lease Rental Obligations

$

Other Debt-Service Payments

$

Capital Reinvestment

$

Total Positions Budgeted

Authorized Motor Vehicles

It is the intent of this General Assembly that to the extent that gross income from operations exceeds the amount contemplated in this Appropriations Act, such excess may be applied toward the cost of operations and excess cost of authorized planning of new facilities, provided that budget amendments reflecting such proposed applications are provided to the Office of Planning and Budget and the Legislative Budget Office at least two weeks prior to such application of funds.

It is the intent of this General Assembly that the World Congress Center Authority repay, by direct remittance to the State Treasury during the next twenty years, the full amount of Capital Outlay authorized in the Fiscal 1978 appropriations bill, such repayments to begin no later than Fiscal 1980. Provided, further, that such payments in any year shall not exceed the net operating revenues derived from the operation of the parking and truck-marshalling facilities contemplated in such Capital Outlay appropriation.

It is the intent of this General Assembly that to the greatest extent feasible, the Georgia Ports Authority utilize existing surplus funds for payments to bond trustees for unmatured issues.

Section 28. Department of Labor.

A. Budget Unit: Inspection Division

$

Inspection Division Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

1,662,000 522,000
2,689,514 840 36
650,841 521,340
10,410 102,000

GEORGIA LAWS 1980 SESSION

1913

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

-03,500
200 -0-
7,591 5,050
750 650,841 650,841
29

Budget Unit Object Classes:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Positions Budgeted

521,340 10,410
102,000 -0-
3,500 200 -0-
7,591 5,050
750 29

B. Budget Unit: Basic Employment, Work

Incentive, Correctional

Services and Comprehensive

Employment and Training

$

2,671,840

1. Basic Employment Security

and W.I.N. Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

W.I.N. Grants

$

Capital Outlay

$

31,973,853 2,717,800 1.075.000 -020,800 1,000,000 805,000 1,625,985 830,320 3.551.000 1,000,000 -0-

1914

GENERAL ACTS AND RESOLUTIONS, VOL. I

Total Funds Budgeted State Funds Budgeted Total Positions Budgeted

$ 44,599,758 $ 1,392,345
1,632

2. Comprehensive Employment and Training Act (CETA) Budget:
Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment
Purchases Publications and Printing . . , Equipment Purchases Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and
Contracts (CETA) CETA Direct Benefits Total Funds Budgeted State Funds Budgeted Total Positions Budgeted

$ 9,734,018

$ 2,069,306

$

585,000

$

-0-

$

15,000

$

150,000

$

220,000

$

344,760

$

235,400

$

500,000

$ 100,000,000

$ 113,853,484

$

-0-

450

3. Correctional Services Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

1,153,000 26,240 30,000 -0100 500 475 37,580 13,600 18,000
1,279,495 1,279,495
62

Budget Unit Object Classes: Personal Services Regular Operating Expenses Travel

$ 42,860,871 $ 4,813,346 $ 1,690,000

GEORGIA LAWS 1980 SESSION

1915

Motor Vehicle Equipment Purchases
Publications and Printing Equipment Purchases Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and
Contracts (CETA) Per Diem, Fees and Contracts W.I.N. Grants CETA Direct Benefits Capital Outlay Total Positions Budgeted Authorized Motor Vehicles

$

-0-

$

35,900

$ 1,150,500

$ 1,025,475

$ 2,008,325

$ 1,079,320

$

500,000

$ 3,569,000

$ 1,000,000

$ 100,000,000

$

-0-

2,144

0

Section 29. Department of Law.

Budget Unit: Department of Law

$

Attorney General's Office Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Books for State Library

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Capital Outlay

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

3,462,514
2,921,000 168,950 75,000 -030,000 8,950 100 42,000 274,454 69,260 30,000 -0-
3,619,714 3,462,514
113

Budget Unit Object Classes:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

2,921,000 168,950 75,000 -030,000 8,950 100

1916

GENERAL ACTS AND RESOLUTIONS, VOL. I

Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Books for State Library Capital Outlay Total Positions Budgeted Authorized Motor Vehicles

$

274,454

$

69,260

$

30,000

$

42,000

$

-0-

113

1

For the cost of operating the Department of Law provided that the compensation of all Assistant Attorneys General, Deputy Assistant Attorneys General, all law clerks, stenographic help, necessary to carry on the legal duties of the State, required of the Department of Law, or any agency of the State in the Executive Branch of State Government, shall be paid from this fund. No other agency is authorized to expend funds appropriated or otherwise available from any source for the support and maintenance of the respective agency for the purpose for which provision is made in this item, unless payment is for reimbursement to the Department of Law as provided by law.

Provided, however, that of the above appropriation relative to regular operating expenses, $38,000 is designated and committed for Court Reporter Fees.

Section 30. Department of Medical Assistance.
Budget Unit: Medicaid Services 1. Commissioner's Office Budget:
Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Publications and Printing Equipment Purchases Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts

$ 167,668,013
434,444 31,543 28,500 -01,400 500 -023,465 5,300 25,000

GEORGIA LAWS 1980 SESSION

1917

Postage

$

Utilities

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

2. Administration Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Utilities

$

Audits Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

3. Program Management Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Utilities

$

Audits Contracts

$

Contract with Georgia Medical

Care Foundation

$

Total Funds Budgeted

$

2,400 5,575 558,127 249,660
20
950,279 75,965 5,043 -016,500 10,550 -0-
138,020 69,850 95,000 45,000 30,000 100,000 1,536,207 652,604
63
1,352,427 75,370 46,591 -038,300 7,690 -051,211 57,000
148,000 -0-
10,541 546,500
1,457,500 3,791,130

1918

GENERAL ACTS AND RESOLUTIONS, VOL. I

State Funds Budgeted Total Positions Budgeted

$ 1,581,785 81

4. Operations Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Utilities

$

Total Funds Budgeted

$

Indirect DO AS Services Funding

$

Agency Funds

$

State Funds Budgeted

$

Total Positions Budgeted

1,843,590 92,111 35,000 -011,800 6,575
5,600,000 76,107 90,000 -0-
647,000 26,000
8,428,183 1,000,000 6,236,856 1,191,327
139

5. Benefits Payments Budget: Medicaid Benefits Payments to Counties for Mental Health Adult Emergency Dental Services Total Funds Budgeted State Funds Budgeted Total Positions Budgeted

$ 515,663,000
$ 6,900,000 $ 2,750,000 $ 525,313,000 $ 163,992,637
0

Budget Unit Object Classes: Personal Services Regular Operating Expenses . . Travel Motor Vehicle Equipment Purchases Publications and Printing Equipment Purchases Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts

$ 4,580,740

$

274,989

$

115,134

$

-0-

$

68,000

$

25,315

$ 5,600,000

$

288,803

$

222,150

$

268,000

GEORGIA LAWS 1980 SESSION

1919

Postage Utilities Medicaid Benefits Payments to Counties for
Mental Health Adult Emergency Dental Services Audits Contracts Contract with Georgia
Medical Care Foundation Total Positions Budgeted Authorized Motor Vehicles

$

694,400

$

72,116

$ 515,663,000

$ 6,900,000

$ 2,750,000

$

646,500

$ 1,457,500 303 5

It is the intent of this General Assembly that with regard to the above appropriation for Adult Emergency Dental Services, treatment of mandibular and maxillary fractures and dislocations be among the services contemplated in this appropriation, but that payment for restorative dental services and orthodontic services shall not generally be made from this appropriation.

Provided, however, the Department is authorized and directed to retain all prior years' benefit appropriations in reserve for twenty-four months after the end of the respective fiscal years to which such appropriations were made, and such reserves shall not be subject to lapse.

Provided, that any reserve created by the State Auditor for the payment of Medicaid Benefits can be expended and otherwise treated for accounting and other purposes for Payments to Counties for Mental Health.

Section 31. Merit System of Personnel

Administration.

Budget Unit: Merit System of Personnel

Administration

Agency Assessments

$ 3,829,512

1. Applicant Services Budget:

Personal Services

$

600,200

Regular Operating Expenses

$

16,860

Travel

$

11,900

1920

GENERAL ACTS AND RESOLUTIONS, VOL. I

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Total Funds Budgeted

$

Agency Assessments

$

Total Positions Budgeted

2. Classification and Compensation

Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Total Funds Budgeted

$

Agency Assessments

$

Total Positions Budgeted

3. Program Evaluation and Audit Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Total Funds Budgeted

$

-038,700
1,955 472,748
785 12,600
-058,000 1,213,748 1,213,748
41
375,300 4,400 2,200 -07.000 1,570
157,583 -0-
5,500 2.000 2,300 557,853 557,853
20
251.278 4,605 1,200 -0500 775
227,620 -0-
4,300 -0-
1,000 491.278

GEORGIA LAWS 1980 SESSION

1921

Agency Assessments

$

Total Positions Budgeted

4. Employee Training and

Development Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Total Funds Budgeted

$

Agency Assessments

$

Total Positions Budgeted

5. Health Insurance

Administration Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Total Funds Budgeted

$

Other Health Insurance

Agency Funds

$

Employer and Employee

Contributions

$

Total Positions Budgeted

6. Health Insurance Claims Budget:

Personal Services

$

Regular Operating Expenses

$

482,278 14
327,200 16,380 10,600 -09,250 1,510 17,509 -05,400 90,000 3,200
481,049 481,049
19
348,283 9,702 3,500 -06,800 2,985
549,625 22,470 23,000
2,603,264 22,000
3,591,629
-0-
3,591,629 23
-0-0-

1922

GENERAL ACTS AND RESOLUTIONS, VOL. I

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Health Insurance Claims

$

Total Funds Budgeted

$

Other Health Insurance

Agency Funds

$

Employer and Employee

Contributions

$

Total Positions Budgeted

-0-0-0-0-0-0-0-0-086,795,000 86,795,000
-0-
86,795,000 0

7. Internal Administration Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Federal Sub-grants to

State and Local Agencies

$

Total Funds Budgeted

$

Agency Assessments

$

Employer and Employee Contributions . . $

Total Positions Budgeted

536,130 12,550 1,900 -05,000 2,381 47,520 -07,200 3,000 2,500
335,400 953,581 499,452
98,429 34

8. Commissioner's Office Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

338,696 16,218 7,100 -017,100 2,150

GEORGIA LAWS 1980 SESSION

1923

Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Postage Total Funds Budgeted Agency Assessments Total Positions Budgeted

$

-0-

$

166,923

$

6,000

$

37,545

$

3,400

$

595,132

$

595,132

15

Budget Unit Object Classes: Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Publications and Printing Equipment Purchases Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Postage Federal Sub-grants to State and Local Agencies Health Insurance Claim Payments . . Total Positions Budgeted Authorized Motor Vehicles

$ 2,777,087

$

80,715

$

38,400

$

-0-

$

84,350

$

13,326

$ 1,472,605

$

190,178

$

64,000

$ 2,735,809

$

92,400

$

335,400

$ 86,795,000

166

0

Provided, that it is the intent of this General Assembly that the employee rate paid by the State for Teachers Health Insurance shall be for State allotted teachers, and the base for this payment shall be the eligible salary for teachers according to the Teacher Salary Index, before the assignment of Required Local Effort.

Section 32. Department of Natural Resources.
A. Budget Unit: Department of Natural Resources
1. Internal Administration Budget: Personal Services Regular Operating Expenses Travel

$ 41,769,473

$ 1,747,500

$

192,324

$

25,249

1924

GENERAL ACTS AND RESOLUTIONS, VOL. I

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Capital Outlay - Heritage Trust

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

-0184,900
2,550 140,950 132,123 70,000 50,145 90,000 175,000 2,810,741 2,810,741
92

2. Game and Fish Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment
Purchases Publications and Printing Equipment Purchases Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Postage Capital Outlay - Hatchery
Renovation Capital Outlay - Repairs
and Maintenance Capital Outlay Grants to Local Governments Capital Outlay - Heritage
Trust - Wildlife ManagementArea Land Acquisition Total Funds Budgeted Income from Timber Sales State Funds Budgeted Total Positions Budgeted

$ 8,278,000

$ 2,562,445

$

90,280

$

379,600

$

66,600

$

359,000

$

37,562

$

37,664

$

183,474

$

86,167

$

59,516

$

7,000

$

276,293

$

107,849

$

-0-

$

500,000

$ 13,031,450

$

100,000

$ 10,554,894

449

GEORGIA LAWS 1980 SESSION

1925

3. Parks, Recreation and Historic Sites Budget:
Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment
Purchases Publications and Printing Equipment Purchases Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Postage Capital Outlay Capital Outlay - Repairs
and Maintenance Capital Outlay - Shop Stock Cost of Material for Resale Authority Lease Rentals Land and Water Conservation
Grants Recreation Grants YACC and YCC Grants Contract - Special Olympics, Inc Georgia Sports Hall of Fame Total Funds Budgeted Income from Timber Sales State Funds Budgeted Total Positions Budgeted
4. Environmental Protection Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Publications and Printing Equipment Purchases Computer Charges Real Estate Rentals Telecommunications

$ 7,108,951

$ 3,375,778

$

114,600

$

197,886

$

127,720

$

202,390

$

42,329

$

104,452

$

219,430

$

191,122

$

52,768

$

100,000

$ 1,600,500

$

250,000

$

614,010

$ 2,533,000

$ 6,500,000

$

280,000

$

500,000

$

121,000

$

50,000

$ 24,285,936

$

150,000

$ 12,906,908

411

$ 6,747,768

$

526,425

$

277,650

$

40,079

$

72,500

$

41,199

$

197,750

$

349,934

$

155,873

1926

GENERAL ACTS AND RESOLUTIONS, VOL. I

Per Diem, Fees and Contracts Postage Solid Waste Grants Water and Sewer Grants Contract with U.S. Geological
Survey for Ground Water Resources Survey Topographic Mapping U.S. Geological Survey Total Funds Budgeted State Funds Budgeted Total Positions Budgeted

$ 1,012,121

$

59,507

$ 1,500,000

$ 6,000,000

$

212,775

$

125,000

$ 17,318,581

$ 14,062,547

335

5. Dam Safety Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

111,550 13,010 8,000 -02,500 3,350 1,000 6,000 2,000 20,000 100
167,510 167,510
5

6. Coastal Resources Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Capital Outlay

$

651,800 167,606 20,000 24,339 29,360
5,500 13,560
-024,612
5,300 15,000 10,000

GEORGIA LAWS 1980 SESSION

1927

Capital Outlay - Repairs and Maintenance
Total Funds Budgeted State Funds Budgeted Total Positions Budgeted

$

7,000

$

974,077

$

779,984

27

7. Lake Lanier Islands Development Authority Budget:
Payments to Lake Lanier Islands Development Authority for Operations
Payments to Lake Lanier Islands Development Authority for Capital Outlay
Total Funds Budgeted State Funds Budgeted Total Positions Budgeted

$

486,889

$

-0-

$

486,889

$

486,889

0

8. Jekyll Island State Park

Authority Budget:

Payments to Jekyll Island State

Park Authority for Operations

$

-0-

Payments to Jekyll Island State

Park Authority for Capital Outlay.... $

-0-

Total Funds Budgeted

$

-0-

State Funds Budgeted

$

-0-

Total Positions Budgeted

0

9. Stone Mountain Memorial Association Budget:
Payments to Stone Mountain Memorial Association
Total Funds Budgeted State Funds Budgeted Total Positions Budgeted

$

-0-

$

-0-

$

-0-

0

Budget Unit Object Classes: Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Publications and Printing

$ 24,645,569

$ 6,837,588

$

535,779

$

641,904

$

483,580

1928

GENERAL ACTS AND RESOLUTIONS, VOL. I

Equipment Purchases Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Postage Land and Water Conservation
Grants Recreation Grants Young Adult Conservation Corps
and Youth Conservation Corps Grants Water and Sewer Grants Solid Waste Grants Contract with U. S. Geological Survey for Ground Water Resources Survey Contract with U.S. Geological Survey for Topographic Maps Capital Outlay - Hatchery Renovation Capital Outlay Capital Outlay - Repairs and Maintenance Capital Outlay - Shop Stock Capital Outlay - Heritage Trust Authority Lease Rentals Cost of Material for Resale Payments to Lake Lanier Islands Development Authority for Operations Payments to Lake Lanier Islands Development Authority for Capital Outlay Payments to Jekyll Island State Park Authority for Operations Payments to Jekyll Island State Park Authority for Capital Outlay Contract - Special Olympics, Inc

$

613,989

$

433,151

$

630,173

$

655,389

$ 1,364,855

$

276,891

$ 6,500,000

$

280,000

$

500,000

$ 6,000,000

$ 1,500,000

$

212,775

$

125.000

$

7,000

$

217,849

$ 1,883,793

$

250.000

$

175.000

$ 2,533,000

$

614,010

$

486,889

$

-0-

$

-0-

$

-0-

$

121,000

GEORGIA LAWS 1980 SESSION

1929

Payment to Stone Mountain

Memorial Association

$

Grants to Local Governments

$

Georgia Sports Hall of Fame

$

Capital Outlay - Heritage

Trust - Wildlife Management

Area Land Acquisition

$

Total Positions Budgeted

Authorized Motor Vehicles

Provided, that no land shall be purchased for State park purposes from funds appropriated under this Section or from any other funds without the approval of the State Properties Control Commission, except that land specifically provided for in this Section.

Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Department of Natural Resources is authorized and directed to use the excess receipts for repairs and maintenance of State Parks and Historic Sites facilities.

Provided, however, that $1,000,000 of the above appropriation for Water and Sewer Grants shall be available for allotment for counties and municipalities having reached legally established bond capacity, and that $5,000,000 is designated and committed for grants to local governments for water and sewer projects utilizing a maximum State match of 50% of the total cost of each project. Provided, further that no allocation of funds for this purpose shall be made prior to the official approval thereof by the Board of Natural Resources.

B. Budget Unit: Authorities

$

1. Lake Lanier Islands Development

Authority Budget:

Personal Services

$

Regular Operating Expenses

$

-0-050,000 500,000 1,319 986
-01,272,686
544,896

1930

GENERAL ACTS AND RESOLUTIONS, VOL. I

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Capital Outlay

$

Campground Sinking Fund

$

Promotion Expenses

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

2. Jekyll Island State Park

Authority Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Mortgage Payments

$

Capital Outlay

$

Promotion Expenses

$

Payments to the Department

of Natural Resources

$

Total Funds Budgeted

$

Total Positions Budgeted

Budget Unit Object Classes:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment

$

Computer Charges

$

3,800 18,400 43,382 75,385
-0-020,352 30,000 -05,386 : i-02,014,287 -0-: 59
2,086,328 1,182,783
15,200 -0-
35,000 -0-
7,200 -0-
32,547 55,009
-0-0-0-
20,000 3,434,067
155
3,359,014 1,727,679
19,000 18,400 78,382 75,385
7,200

GEORGIA LAWS 1980 SESSION

1931

Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Capital Outlay Promotion Expense Campground Sinking Fund Payments to the Department
of Natural Resources Mortgage Payments Total Positions Budgeted Authorized Motor Vehicles

$

-0-

$

52,899

$

85,009

$

-0-

$

-0-

$

5,386

. $

20,000

$

-0-

214

91

It is the intent of this General Assembly that Lake Lanier Islands Development Authority shall not be free to borrow money until the Authority requests and obtains the approval of the Georgia State Financing and Investment Commission.

Section 33. Department of Offender

Rehabilitation.

A. Budget Unit: Department of Offender

Rehabilitation

$

1. General Administration and

Support Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

84,608,201
3,793,000 209.575 85,200 -0-039,000 358,912 225,000 142.575 362,800 -0-
5,216,062 5,216,062
214

2. Georgia Training and Development Center Budget:
Personal Services Regular Operating Expenses

$ 1,039,198

$

110,646

1932

GENERAL ACTS AND RESOLUTIONS, VOL. I

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

3. Georgia Industrial Institute

Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Capital Outlay.

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

4. Alto Education and Evaluation

Center Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

1,000 -0-0-
11,992 -0-0-
10,735 20,000 89,000 1,282,571 1,282,571
68
3,652,946 436,629 3,520 -0-0220,616 -035 33,000 6,192 341,000 17,000
4,710,938 4,710,938
260
1,017,988 69,104 2,200 -0-019,741 -0-03,085 -0-

GEORGIA LAWS 1980 SESSION

1933

Utilities Total Funds Budgeted State Funds Budgeted Total Positions Budgeted

$

-0-

$ 1,112,118

$

890,118

52

5. Georgia Diagnostic and

Classification Center Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

3,908,827 510,762 2,530 -0-043,543 -0-037,160 18,370 336^500
4,857,692 4,857,692
288

6. Georgia State Prison Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Publications and Printing Equipment Purchases Computer Charges Real Estate Rentals
Telecommunications Per Diem, Fees and Contracts Utilities Capital Outlay Total Funds Budgeted State Funds Budgeted Total Positions Budgeted

$ 8,244,252

$ 1,060,416

$

6,500

$

-0-

$

-0-

$

114,466

$

-0-

$

-0-

$

54,540

$

51,600

$

835,000

$

-0-

$ 10,366,774

$ 10,334,774

612

7. Consolidated Branches Budget: Personal Services Regular Operating Expenses

$ 3,134,238

$

385,464

1934

GENERAL ACTS AND RESOLUTIONS, VOL. I

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

8. Lee Correctional Institution

Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

9. Montgomery Correctional

Institution Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

5,300 -0-0-
24,519 -0-0-
39,188 55,520 245,000 3,889,229 3,717,229
222
1,432,000 186,123 2,000 -0-054,799 -0-015,888 8,820 160,000
1,859,630 1,859,630
110
902,000 130,506
1,600 -0-0-
14,531 -0-0-
13,520 14,640 102,500

GEORGIA LAWS 1980 SESSION

1935

Capital Outlay

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

10. Walker Correctional

Institution Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

11. Georgia Women's Correctional

Institution Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

12. West Georgia Community

Correctional Center Budget:

Personal Services

$

Regular Operating Expenses

$

-01,179,297 1,171,297
61
894,650 131,487
2,400 -0-0-
19,923 -0-0-
16,260 20,400 98,600 1,183,720 1,178,720
64
1,612,808 185,318 2,000 -0-05,716 -01,320 14,500 7,500 165,000
1,994,162 1,994,162
121
1,998,479 218,411

1936

GENERAL ACTS AND RESOLUTIONS, VOL. I

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities.

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

13. Georgia Earned Release

Correctional Center Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Payments to Central State

Hospital for Utilities

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

14. Macon Community Correctional

Center Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

2,000 -0-0-
13,227 -0-0-
12,000 19,200 180,000 2,443,317 2,443,317
147
2,900,155 331,449 2,100 -0-018,648 -01,320 30,700 12,000 -0-
228,000 3,524,372 3,524,372
216
1,811,000 217,324 2,700 -0-07,815 -0-012,700

GEORGIA LAWS 1980 SESSION

1937

Per Diem, Fees and Contracts

$

Utilities

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

15. Washington Correctional

Institution Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Payments to Central State

Hospital for Utilities

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

16. Metro Community Correctional

Center Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Capital Outlay

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

11,400 158,000 2,220,939 2,220,939
139
1,681,758 192,279 1,500 -0-0-0-0660 18,000 16,500 24,700
117,000 2,052,397 2,052,397
121
1,005,000 141,564 5,400 -0-0168,036 -0-07,500 7,500 100,000 -0-
1,435,000 1,435,000
163

1938

GENERAL ACTS AND RESOLUTIONS, VOL. I

17. Savannah Community

Correctional Center Budget:

Personal Services

i

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Capital Outlay

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

18. Central Institutional

Administration Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

19. Central Funds Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

1,218,636 249,450 5,400 -0-0393,489 -011,100 12,000 16,400 123,000 -0-
2,029,475 1,959,475
163
374,760 26,995 20,000 -0-0-0-04,200 15,319 -0-0-
441,274 441,274
17
35,000 80,000
-0-0137,500 32,609 -0-

GEORGIA LAWS 1980 SESSION

1939

Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Utilities Authority Lease Rentals Overtime Court Costs Inmate Release Funds County Subsidy County Subsidy for Jails Outside Health Service Purchases Central Repair Fund Payments to Talmadge
Memorial Hospital Payments to Central State
Hospital for Medical Services Capital Outlay Total Funds Budgeted State Funds Budgeted Total Positions Budgeted

$

-0-

$

-0-

$

85,000

$

-0-

$

840,000

$

-0-

$

250,000

$

450,000

$ 4,624,550

$

383,250

$

470,000

$

450,000

$ 1,237,417

$ 1,300,000

$

-0-

$ 10,375,326

$ 10,215,326

0

20. Training and Staff Development

Center Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

348,649 116,937 60,000
-0660 6,595
-030,000
7,250 -0-
16,000 586,091 281,119
23

21. D.O.T. Work Details Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

379,040 8,787 -0-0-

1940

GENERAL ACTS AND RESOLUTIONS, VOL. I

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

22. Food Processing and

Distribution Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Capital Outlay

$

Payments to Central State

Hospital for Meals

$

Payments to Central State

Hospital for Utilities

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

23. Farm Operations Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

-0-0-0-0-0-0-0387,827 -026
1,631,000 3,005,235
3,500 -0-0-
210,000 -0-0-
5,000 -0-0-0-
1,317,200
25,000 6,196,935 5,829,227
135
428,618 2,440,555
-0-0-0102,530 -0-0-0-

GEORGIA LAWS 1980 SESSION

1941

Per Diem, Fees and Contracts

$

Utilities

$

Capital Outlay

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

24. Probation Operations Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

25. Pre-release Centers Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Capital Outlay

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

6,600 -0-0-
2,978,303 2,938,303
28
8,731,894 205,635 300,000 -0-038,730 -0190,000 155,000 -06,000
9,627,259 9,627,259
566
1,435,102 138,800 7,450 -0-08,607 -0187,200 25,000 29,220 165,000 -0-
1,996,379 1,996,379
103

1942

GENERAL ACTS AND RESOLUTIONS, VOL. I

26. Restitution/Adjustment

Centers Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

1,821,000 154,125 15,000 -0-019,000 -0206,196 30,300 13,026 106,700
2,365,347 2,065,347
133

27. Andromeda Center Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing .

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

230,892 65,100 2,000 -0-0858 -032,000 3,300 8,424 22,700
365,274 365,274
16

Budget Unit Object Classes: Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Publications and Printing Equipment Purchases Computer Charges

$ 55,662,890

$ 11,008,676

$

541,300

$

-0-

$

138,160

$ 1,588,990

$

358,912

GEORGIA LAWS 1980 SESSION

1943

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Payments to Central State

Hospital for Meals

$

Payments to Central State

Hospital for Utilities

$

Overtime

$

Court Costs

$

Inmate Release Funds

$

County Subsidy

$

County Subsidy for Jails

$

Outside Health Service Purchases

$

Payments to Talmadge

Memorial Hospital

$

Central Repair Fund

$

Payments to Central State

Hospital for Medical Services

$

Authority Lease Rentals

$

Capital Outlay

$

Total Positions Budgeted

Authorized Motor Vehicles

Provided, that of the above appropriation relating to the Central Repair Fund, $100,000 is designated and committed for repairs and maintenance on the State-owned staff housing units located at the various correctional institutions.

It is the intent of this General Assembly that, with respect to the Legal Services Program for inmates, lawyers, law students and/or employees be prohibited from soliciting for filing of writs.

It is the intent of this General Assembly that the department not start any new community center programs with Federal funds without the prior approval of the General Assembly of Georgia.

889,031 714,520 791,112 3,274,700
1,317,200
370.000 -0-
250.000 450.000 4,624,550 383,250 470.000
1,237,417 450.000
1,300,000 840.000 17,000 4,068 460

1944

GENERAL ACTS AND RESOLUTIONS, VOL. I

It is the intent of this General Assembly that funds appropriated for county subsidy may be used to either supplement or supplant county funds, at the option of each county.

B. Budget Unit: Board of Pardons and

Paroles

$

Board of Pardons and Paroles Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

County Jail Subsidy

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

Budget Unit Object Classes:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

County Jail Subsidy

$

Total Positions Budgeted

Authorized Motor Vehicles

C. Budget Unit: Georgia Correctional

Industries

$

Georgia Correctional Industries Budget:

Personal Services

$

Regular Operating Expenses

$

3,834,721
3,332,711 76,911
174,000 -0-
12,000 15,646
-087,253 70,000 11,450 54,750 3,834,721 3,834,721
202
3,332,711 76,911 174,000 -012,000 15,646 -087,253 70,000 11,450 54,750 202 2
-0-
1,151,942 513,300

GEORGIA LAWS 1980 SESSION

1945

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Cost of Sales

$

Repayment of Prior Year's

Appropriations

$

Capital Outlay

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

28,600 97,000 15,000 208,000
2,600 22,000 34,550 26,200 5,307,000
84,000 468,725 7,958,917
-066

Budget Unit Object Classes:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Cost of Sales

$

Repayment of Prior Year's

Appropriations

$

Capital Outlay

$

Total Positions Budgeted

Authorized Motor Vehicles

1,151,942 513,300 28,600 97,000 15,000 208,000 2,600 22,000 34,550 26,200
5,307,000
84,000 468,725
66 16

Section 34. Department of Public Safety.

Budget Unit: Department of Public

Safety

$

1. Office of Highway Safety Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

37,580,632
330,600 18,900 17,000 6,000 6,150

1946

GENERAL ACTS AND RESOLUTIONS, VOL. I

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

2. Administration Budget:

Personal Services

$

Regular Operating Expenses

$

Travel.

. $

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

3. Administrative Management Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Total Funds Budgeted

$

Indirect DOAS Services Funding

$

State Funds Budgeted

$

Total Positions Budgeted

2,650 11,899 28,918 12,600 35,000 4,500 474,217 114,755
16
166,000 36,919
755 -0-
14,800 -0-0-0-
24,000 10,000
100 252,574 227,574
8
950,933 49,745 4,800 -023,200 -0-
267,255 -0-
18,641 1,225 -0-
1,315,799 267,255
1,048,544 67

GEORGIA LAWS 1980 SESSION

1947

4. Driver Support Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment

Purchases

$

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Conviction Reports

$

Capital Outlay

$

Total Funds Budgeted

$

Indirect DOAS Services Funding

$

State Funds Budgeted

$

Total Positions Budgeted

5. Personnel and Training Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

6. Fiscal Management Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

2,535,514 129,160 7,000
-0903,110
4,110 1,439,438
-056,200
6,400 328,500 170,000
-05,579,432 1,232,745 4,301,687
157
609,739 67,255 49,630 -05,500 25,000 -0-025,000 20,160 190
802,474 727,474
35
770,000 659,320
2,150 32,336 65,000 15,000

1948

GENERAL ACTS AND RESOLUTIONS, VOL. I

Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Postage Total Funds Budgeted State Funds Budgeted Total Positions Budgeted

$

17,720

$

-0-

$

30,100

$

2,900

$

110,000

$ 1,704,526

$ 1,704,526

49

7. Field Operations Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Publications and Printing Equipment Purchases Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Postage Capital Outlay Total Funds Budgeted State Funds Budgeted Total Positions Budgeted

$ 21,353,189

$ 3,808,346

$

78,000

$

845,528

$

1,600

$

125,792

$

-0-

$

8,094

$

525,362

$

42,675

$

25,000

$

-0-

$ 26,813,586

$ 26,470,282

1,122

8. Georgia Peace Officer Standards

and Training Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Total Funds Budgeted

$

489,000 1,705,690
24,000 5,260
20,280 2,235 11,600
33,876 14,450 15,000 4,000 2,325,391

GEORGIA LAWS 1980 SESSION

1949

State Funds Budgeted

$

Total Positions Budgeted

9. Police Academy:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

10. Fire Academy:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

11. Georgia Firefighter Standards and

Training Council Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

2,100,391 24
365,270 112,600
6,000 -0-
12,000 4,375
-0-08,000 146,000 2,000 656,245 421,245 16
225,607 27,500 10,500 -02,500 -0-015,182 4,820 70,800 3,750
360,659 343,659
12
86,755 7,040 8,300 -03,500 5,000

1950

GENERAL ACTS AND RESOLUTIONS, VOL. I

Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Postage Total Funds Budgeted State Funds Budgeted Total Positions Budgeted

$

-0-

$

3,000

$

3,000

$

3,000

$

900

$

120,495

$

120,495

4

12. Organized Crime Prevention

Council Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

84,564 11,420 4,000
-02,100
-0-04,883 2,250 2,600 -0111,817 -0-
3

Budget Unit Object Classes: Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Publications and Printing Equipment Purchases Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Postage Conviction Reports

$ 27,967,171

$ 6,633,895

$

212,135

$

889,124

$ 1,059,740

$

184,162

$ 1,747,912

$

93,953

$

724,423

$

355,760

$

478,940

$

170,000

GEORGIA LAWS 1980 SESSION

Capital Outlay

$

Total Positions Budgeted

Authorized Motor Vehicles

Provided, that the Director of the Department of Public Safety is hereby authorized to pay dues for Georgia's portion of the cost of the membership in the Vehicle Equipment Safety Compact, the American Association of Motor Vehicle Administrators, and the International Association of Chiefs of Police (State and Provincial Police).

Provided, however, that of the above appropriation for Conviction Reports, payment for conviction reports is not to exceed $.25 per conviction report.

Provided that to the extent that Federal Funds are realized in excess of the amounts of such funds contemplated in the Georgia Peace Officers Standards and Training Activity of this Act, the Office of Planning and Budget is authorized and directed to supplant State Funds appropriated herein. Provided further that such supplantation shall not be implemented if so doing would cause any portion of the anticipated Federal Funds not to be realized. This provision shall not apply to project grants.

It is the intent of this General Assembly that for the purpose of purchasing Police Pursuit Motor Vehicles, the Department of Public Safety is hereinafter authorized to develop and establish specifications for said purchases of Police Pursuit Vehicles when such purchases are made by the State of Georgia, or otherwise placed a part of a State of Georgia Contract. Provided, further, that the development of said specifications shall be submitted to the Purchasing Division of the Department of Administrative Services by November 1 of each year. Provided, further, the Department of Administrative Services is hereby

1951
-01,513 1,037

1952

GENERAL ACTS AND RESOLUTIONS, VOL. I

instructed to complete said specifications and place to bid for the letting of contracts by December 1 of such fiscal year.

Section 35. Public School Employees' Retirement System.
Budget Unit: Public School Employees' Retirement System
Departmental Operations Budget: Payments to Employees' Retirement System Employer Contributions Total Funds Budgeted State Funds Budgeted

$ 11,365,435

$

147,335

$ 11,218,100

$ 11,365,435

$ 11,365,435

Budget Unit Object Classes: Payments to Employees' Retirement System Employer Contributions

$

147,335

$ 11,218,100

Section 36. Public Service Commission.

Budget Unit: Public Service

Commission

$

1. Administration Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

2,883,125
641,000 15,525 11,500 -0650 850 -060,000 27,200 500
757,225 757,225
25

2. Transportation Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

788,000 106,475 31,500
-0-

GEORGIA LAWS 1980 SESSION

1953

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

3. Utilities Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

Budget Unit Object Classes:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Positions Budgeted

Authorized Motor Vehicles

62

3,450 2,200
-040,268 19,500
3,500 994,893 994,893
45
908,000 41,496 60,000 -01,400 1,200 -039,211 34,700 120,000
1,206,007 1,131,007
47
2,337,000 163,496 103,000 -05,500 4,250 -0139,479 81,400 124,000 117 26

1954

GENERAL ACTS AND RESOLUTIONS, VOL. I

Section 37. Regents, University System of Georgia.
A. Budget Unit: Resident Instruction and University System Institutions
1. Resident Instruction Budget: Personal Services: Educ., Gen., and Dept. Svcs Sponsored Operations Operating Expenses: Educ., Gen., and Dept. Svcs Sponsored Operations Office of Minority Business Enterprise Special Desegregation Programs Satellite Medical Facility Program Teachers' Retirement Authority Lease Rentals Capital Outlay. . Total Funds Budgeted Less Agency Funds: Departmental Income Sponsored Income Other Funds Auxiliary Income Indirect Communication Charges State Funds Budgeted Total Positions Budgeted

$ 402,880,342

$ 305,210,500 $ 54,962,574

$ 80,065,400 $ 45,084,179

$

100,000

$

250,000

$

500,000

$ 34,430,000

$ 20,859,000

$ 3,650,000

$ 545,111,653

$ 9,400,000 $ 100,046,753 $ 85,480,000 $ 2,777,000 $ 3,027,300 $ 344,380,600
15,633

Provided, that from appropriated funds in A, the amount of $20,859,000 in F.Y. 1981 is designated and committed to guarantee payment of lease rental contracts as a first charge on such funds.

Provided, none of the funds herein appropriated for construction shall be available for the purchase of any books whatsoever.

GEORGIA LAWS 1980 SESSION

1955

Provided, that the State Board of Regents shall, within the first 30 days of the fiscal year, make an apportionment of funds to the various units of the University System from all funds available in the amounts necessary in the Fiscal Year to pay the annual lease contract commitments for the acquisition of property as provided for in the provision of the State Constitution. The Board of Regents shall immediately report the same to the State Budget authorities for approval, whose approval shall be evidenced in writing.
Provided, that where personnel are paid in whole or in part from funds other than State appropriations, the fund sources from which such salary is paid shall pay the pro rata cost of any employer contribution applicable to such salary to the Teachers' Retirement System.
No funds realized by the State Board of Regents of the University System or any college or university, from the State General fund, from the Federal Government, or from any other source, shall be available for use or expenditure for educational and general or plant purposes until made available by written approval of the Office of Planning and Budget, in accordance with the provisions of the Budget Act, as amended.
Provided, further, that unanticipated revenue from contract and grant overhead shall be available for use by the University System providing the amount so used does not exceed $2,000,000 more than the original budget estimate, unless prior approval is granted by the Fiscal Affairs Subcommittees of the Senate and House of Representatives.
Provided, that revenue from student fees which exceeds the original budget estimates of student fees by $2,000,000 shall not be available for operations unless prior approval is granted by

1956

GENERAL ACTS AND RESOLUTIONS, VOL. I

the Fiscal Affairs Subcommittees of the House and Senate, except that student fee revenue derived from increased rates authorized by the State Board of Regents shall not be subject to this limitation. Provided, further, that revenue from sales and services shall be classified as restricted funds and shall be available for use by the unit of the University System generating such income.

Provided, that from the above appropriated amount for Capital Outlay, $3,000,000 is specifically appropriated for renovations and improvements of physical plant facilities.

Provided, further, it is the intent of this General Assembly that the 1 1/2% Personal Services continuation factor incorporated into the Resident Instruction appropriation in this Appropriations Act be utilized to provide 2 1/2% merit-type increases.

2. Marine Resources Extension

Center Budget:

Personal Services:

Educ., Gen., and Dept. Svcs

$

Sponsored Operations

$

Operating Expenses:

Educ., Gen., and Dept. Svcs

$

Sponsored Operations

$

Total Funds Budgeted

$

Less Agency Funds:

Departmental Income

$

Sponsored Income

$

Other Funds

$

Indirect DOAS Services Funding

$

State Funds Budgeted

$

Total Positions Budgeted

437,500 -0-
269,450 -0-
706,950
-0-0112,000 9,800 585,150 21

GEORGIA LAWS 1980 SESSION

1957

3. Skidaway Institute of Oceanography Budget:
Personal Services: Educ., Gen., and Dept. Svcs Sponsored Operations
Operating Expenses: Educ., Gen., and Dept. Svcs Sponsored Operations
Total Funds Budgeted Less Agency Funds: Departmental Income Sponsored Income Other Funds Indirect DOAS Services Funding State Funds Budgeted Total Positions Budgeted
4. Marine Institute Budget: Personal Services: Educ., Gen., and Dept. Svcs Sponsored Operations Operating Expenses: Educ., Gen., and Dept. Svcs Sponsored Operations Total Funds Budgeted Less Agency Funds: Departmental Income Sponsored Income Other Funds Indirect DOAS Services Funding State Funds Budgeted Total Positions Budgeted
5. Engineering Experiment Station Budget:
Personal Services: Educ., Gen., and Dept. Svcs Sponsored Operations

$

590,000

$

600,000

$

482,000

$

491,000

$ 2,163,000

$

-0-

$ 1,091,000

$

275,000

$

-0-

$

797,000

33

$

278,000

$

387,711

$

215,800

$

208,768

$ 1,090,279

$

-0-

$

596,479

$

10,000

$

-0-

$

483,800

18

$ 6,257,000 $ 17,702,237

1958

GENERAL ACTS AND RESOLUTIONS, VOL. I

Operating Expenses: Educ., Gen., and Dept. Svcs Sponsored Operations
Agricultural Research Total Funds Budgeted Less Agency Funds: Departmental Income Sponsored Income Other Funds Indirect DOAS Services Funding State Funds Budgeted Total Positions Budgeted
6. Engineering Extension Division Budget:
Personal Services: Educ., Gen., and Dept. Svcs Sponsored Operations
Operating Expenses: Educ., Gen., and Dept. Svcs Sponsored Operations
Advanced Technology Development Center
Total Funds Budgeted Less Agency Funds: Departmental Income Sponsored Income Other Funds Indirect DOAS Services Funding State Funds Budgeted Total Positions Budgeted
7. Agricultural Experiment Station Budget:
Personal Services: Educ., Gen., and Dept. Svcs Sponsored Operations
Operating Expenses: Educ., Gen., and Dept. Svcs Sponsored Operations
Total Funds Budgeted

$ 5,637,600

$ 14,523,181

$

60,000

$ 44,180,018

$

-0-

$ 32,225,418

$ 7,900,000

$

117,600

$ 3,937,000

273

$

793,000

$

35,000

$

420,500

$

15,000

$

260,000

$ 1,523,500

$

-0-

$

50,000

$

790,000

$

12,200

$

671,300

44

$ 13,481,000 $ 1,600,000
$ 6,044,000 $ 1,400,000 $ 22,525,000

GEORGIA LAWS 1980 SESSION

1959

Less Agency Funds: Departmental Income Sponsored Income Other Funds Indirect DOAS Services Funding State Funds Budgeted Total Positions Budgeted
8. Cooperative Extension Service Budget:
Personal Services: Educ., Gen., and Dept. Svcs Sponsored Operations
Operating Expenses: Educ., Gen., and Dept. Svcs Sponsored Operations
Total Funds Budgeted Less Agency Funds: Departmental Income Sponsored Income Other Funds Indirect DOAS Services Funding State Funds Budgeted Total Positions Budgeted
9. Eugene Talmadge Memorial Hospital Budget:
Personal Services: Educ., Gen., and Dept. Svcs Sponsored Operations
Operating Expenses: Educ., Gen., and Dept. Svcs Sponsored Operations
Total Funds Budgeted Less Agency Funds: Departmental Income Sponsored Income Other Funds Board of Corrections Indirect DOAS Services Funding State Funds Budgeted Total Positions Budgeted

$

-0-

$ 3,000,000

$ 4,960,000

$

95,900

$ 14,469,100

805

$ 16,000,000 $ 4,050,000

$ 2,582,950 $ 1,350,000 $ 23,982,950

$

-0-

$ 5,400,000

$ 4,690,000

$

126,700

$ 13,766,250

911

$ 30,550,264 $ 2,100,000

$ 15,288,755

$

700,000

$ 48,639,019

$

867,019

$ 2,800,000

$ 24,000,000

$ 1,237,417

$

193,500

$ 19,541,083

2,585

1960

GENERAL ACTS AND RESOLUTIONS, VOL. I

10. Veterinary Medicine Experiment

Station Budget:

Personal Services:

Educ., Gen., and Dept. Svcs

$

Sponsored Operations

$

Operating Expenses:

Educ., Gen., and Dept. Svcs

$

Sponsored Operations

$

Total Funds Budgeted

$

Less Agency Funds:

Departmental Income

$

Sponsored Income

$

Other Funds

$

Indirect DOAS Services Funding

$

State Funds Budgeted

$

Total Positions Budgeted

11. Family Practice Residency

Program Budget:

Personal Services:

Educ., Gen., and Dept. Svcs

$

Operating Expenses:

Educ., Gen., and Dept. Svcs

$

Capitation Contracts for

Family Practice Residency

$

Residency Capitation Grants (as

authorized by S. B. 487)

$

New Program Development Contracts

for Family Practice Residency

$

Student Preceptorships

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

Provided, that of the above appropriation, $100,000 is designated and committed for contracts with medical schools for a student preceptorship program. Provided, further, that each student participating in the program shall receive $500 and each family physician shall receive $500.

889,000 -0-
333,400 -0-
1,222,400
-0-0-0-01,222,400 33
83,400
85,600
984.000
1.275.000
300.000 100.000 2.828.000 2,828,000
3

GEORGIA LAWS 1980 SESSION

1961

12. Georgia Radiation Therapy Center Budget:
Personal Services: Educ., Gen., and Dept. Svcs Sponsored Operations
Operating Expenses: Educ., Gen., and Dept. Svcs Sponsored Operations
Total Funds Budgeted Less Agency Funds: Departmental Income Sponsored Income Other Funds Indirect DOAS Services Funding State Funds Budgeted Total Positions Budgeted
Budget Unit Object Classes: Personal Services: Educ., Gen., and Dept. Svcs Sponsored Operations Operating Expenses: Educ., Gen., and Dept. Svcs Sponsored Operations Office of Minority Business Enterprise Special Desegregation Programs Satellite Medical Facility Program Agricultural Research Advanced Technology Development Center Capitation Contracts for Family Practice Residency New Program Development Contracts for Family Practice Residency Residency Capitation Grants (as authorized by S. B. 487) Student Preceptorships Teachers' Retirement Authority Lease Rentals

$

318,234

$

-0-

$

180,425

$

-0-

$

498,659

$

-0-

$

-0-

$

300,000

$

-0-

$

198,659

30

$ 374,887,898 $ 81,437,522

$ 111,605,880 $ 63,772,128

$

100,000

$

250,000

$

500,000

$

60,000

$

260,000

$

984,000

$

300,000

$ 1,275,000

$

100,000

$ 34,430,000

$ 20,859,000

1962

GENERAL ACTS AND RESOLUTIONS, VOL. I

Capital Outlay Total Positions Budgeted

$ 3,650,000 20,389

B. Budget Unit: Regents Central Office. ... $

1. Regents Central Office Budget:

Personal Services

$

Operating Expenses

$

SREB Payments

$

Medical Scholarships

$

Regents Opportunity Grants

$

Regents Scholarships

$

Grants to Junior Colleges

$

Rental Payments to Georgia

Military College

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

12,566,100
2,162,500 599,000
2,547,050 492,500 500,000 200,000
5,875,050
190,000 12,566,100 12,566,100
98

Budget Unit Object Classes: Personal Services Operating Expenses SREB Payments Medical Scholarships Regents Opportunity Grants Regents Scholarships Grants to Junior Colleges Rental Payments to Georgia Military College Total Positions Budgeted Authorized Motor Vehicles

$ 2,162,500

$

599,000

$ 2,547,050

$

492,500

$

500,000

$

200,000

$ 5,875,050

$

190,000

98

0

Provided, that of the above appropriation relative to Grants to Junior Colleges, payments are to be based on a rate of $739 per EFT student. Furthermore, 50 quarter credit hours shall be used in the calculation of an equivalent full-time student.

Section 38. Department of Revenue. Budget Unit: Department of Revenue 1. Executive Administration Budget:
Personal Services

$ 27,059,301

$

742,568

GEORGIA LAWS 1980 SESSION

1963

County Tax Officials/Retirement

and FICA

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Total Funds Budgeted

$

Indirect Georgia Building

Authority Rents

$

State Funds Budgeted

$

Total Positions Budgeted

2. Motor Vehicle Administration

Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Motor Vehicle Tag Purchases

$

Motor Vehicle Decal Purchases

$

Postage

$

Total Funds Budgeted

$

Indirect DOAS Services Funding

$

State Funds Budgeted

$

Total Positions Budgeted

Provided, that of the above appropriated amount relating to motor vehicle tag purchases, $1,544,000 is designated and committed for use in contracting with the Department of Offender

525,000 73,050 14.000 -020.000 -011,300 -018,860 6,000 120
1,410,898
-01,410,898
31
3,371,866 186,165 5,000 -0180,000 83,244
1,759,621 -0-
56,300 -0-
1.544.000 280,000 -0-
7.466.196 1.050.000 6.416.196
259

1964

GENERAL ACTS AND RESOLUTIONS, VOL. I

Rehabilitation for the production of at least 1,800,000 motor vehicle tags, and for this purpose only.

Any such contract may provide for partial, advance payment from the Department of Revenue to Georgia Correctional Industries during tag production, but in no case shall the total amount paid for such tags exceed the amount herein appropriated, provided the advances made are for services to be rendered within the same fiscal year.

3. Property Tax Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Loans to Counties/Property

Reevaluation

$

Grants to Counties/Appraisal

Staff

$

Intangible Tax

Equalization Fund

$

Postage

$

Total Funds Budgeted

$

Repayment of Loans to

Counties/Property Revaluation

$

Indirect DOAS Services Funding

$

State Funds Budgeted

$

Total Positions Budgeted

Provided, that of the above appropriation, no funds are designated and committed for the cost of the Intangible Tax Equalization Fund provided for in an Act approved April 17, 1973 (Ga. Laws

998,510 38,085 69,500 -064.000 2,381
303,400 -0-
19,550 121,000
-0-
1,450,000
-012.000 3.078.426
-0250,000 2.828.426
61

GEORGIA LAWS 1980 SESSION

1965

1973, p. 924), to be administered by the State Revenue Commissioner as provided therein.

4. Sales Taxation Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Total Funds Budgeted

$

Indirect DOAS Services Funding

$

State Funds Budgeted

$

Total Positions Budgeted

5. Motor Fuel Taxation Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Total Funds Budgeted

$

Indirect DOAS Services Funding

$

State Funds Budgeted

$

Total Positions Budgeted

6. Income Taxation Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

1,209,684 15,424 3,200 -062,000 3,380
470,200 -0-
22,940 -0-
74,000 1,860,828
305,000 1,555,828
85
535,330 8,475 2,500 -0-
34,400 2,640
182,355 -0-
11,700 -0-0-
777,400 100,000 677,400
37
1,900,457 43,969 3,200 -0-
212,500

1966

GENERAL ACTS AND RESOLUTIONS, VOL. I

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Total Funds Budgeted

$

Indirect DOAS Services Funding

$

State Funds Budgeted

$

Total Positions Budgeted

7. Central Audit Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

8. Field Audit Services Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Total Funds Budgeted

$

Indirect DOAS Services Funding

$

9,930 1,727,100
-035,900
-0190,000 4,123,056 1,500,000 2,623,056
121
1,901,875 10,700
341,900 -0-
2,500 5,600 2,970 9,975 13,590
-050 2,289,160 2,289,160 78
5,200,723 158,060 309,085 -033,000 12,300 95,580 137,600 145,980 -043,000
6,135,328 50,000

GEORGIA LAWS 1980 SESSION

1967

State Funds Budgeted Total Positions Budgeted

$ 6,085,328 295

9. Internal Administration Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Total Funds Budgeted

$

Indirect Georgia Building

Authority Rents

$

State Funds Budgeted

$

Total Positions Budgeted

964,218 102,325
1,000 -0-
275,000 1,000
63,600 757,986
12,880 -0-
995,000 3,173,009
-03,173,009
70

Budget Unit Object Classes: Personal Services County Tax Officials/Retirement and FICA Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Publications and Printing Equipment Purchases Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Loans to Counties/Property Reevaluation Grants to Counties/Appraisal Staff Motor Vehicle Tag Purchases Motor Vehicle Decal Purchases Intangible Tax Equalization Fund

$ 16,825,231

$

525,000

$

636,253

$

749,385

$

-0-

$

883,400

$

120,475

$ 4,616,126

$

905,561

$

337,700

$

127,000

$

-0-

$ 1,450,000

$ 1,544,000

$

280,000

$

-0-

1968

GENERAL ACTS AND RESOLUTIONS, VOL. I

Postage Total Positions Budgeted Authorized Motor Vehicles

$ 1,314,170 1,037 111

Section 39. Secretary of State.

A. Budget Unit: Secretary of State

$

1. Occupational Certification Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

10,749,395
2,065,987 772,422 104,458 27,500 127,110 20,748 176,974 200,488 54,465 336,375
3,886,527 3,886,527
131

Occupational Certification Functional Budgets

Accounting

State Funds

Cost of Operations Pos.

$ 150,795 $ 220,120 2

Architect

$

40,201 $

55,997

1

Athletic Trainers Auctioneers

$

1,968 $

3,363 0

$

3,780 $

30,549 0

Barbers

$

89,977 $ 141,383 5

Chiropractic

GEORGIA LAWS 1980 SESSION

$

4,130 $

1969 19,910 0

Cosmetology

$ 269,248 $ 443,809 14

Dentistry

$ 105,502 $ 160,290 3

Electrical Contractor Engineers

$

74,339 $ 104,513 3

$ 218,775 $ 292,172 6

Forestry

$ . 1,355 $

6,150 0

Funeral Service

$

71,086 $ 109,492 3

Geology

$

4,936 $

14,203 0

Hearing Aid

$

3,142 $

19,617 0

Landscape Architect

$

4,474 $

15,713 0

Librarians

$

915 $

2,882 0

Marriage and Family Counselors

$

4,392 $

24,032 0

Medical Examiners

$ 509,404 $ 723,761 17

Nursing Home Administrators

$

8,684 $

22,011 0

1970

GENERAL ACTS AND RESOLUTIONS, VOL. I

Board of Nursing

$ 342,513 $ 476,789 13

Dispensing Opticians

3,386

33,521 0

Optometry

4,555

19,442 0

Occupational Therapy

1,710 $

8,036 0

Pest Control

22,950

31,079

Pharmacy

83,607

205,759 3

Physical Therapy

10,630 $ 26,905 0

Plumbing Contractors

$

25,006

38,926 1

Podiatry

$

1,724

9,692 0

Polygraph Examiners
Practical Nursing
Private Detective Psychologists Recreation

$

1,186

$ 101,881

$ 113,812

$

12,630

$

2,280

20,351 0
155,909
177,477 7 44,090 0 13,172 0

Sanitarian

3,992 $

12,766 0

GEORGIA LAWS 1980 SESSION

1971

Speech Pathology

$

3,142 $ 23,307 0

Used Car Dealers

$ 39,459 $ 67,680 2

Used Car Parts

$

3,710 $ 41,383 0

Veterinary

$

13,795 $

31,881 0

Warm Air and Heating Contractors

$

14,180 $

34,059 0

Wastewater

$

7,655 $

26,030 0

Well Water

$

4,136 $

10,726 0

Administration

$ 979,186 $ 70,153 26

Investigative

$ 522,299 $ 37,227 21

Total

$ 3,886,527 $ 4,026,327 131

2. Securities Regulation Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

346,112 32,870 8,000 5,500 3,000 3,240 -016,120 6,500 1,500
422,842

1972

GENERAL ACTS AND RESOLUTIONS, VOL. I

State Funds Budgeted

$

Total Positions Budgeted

3. Corporations Regulation Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

4. Drugs and Narcotics Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

5. Archives and Records Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

422,842 17
415,270 23,240 1,000 -018,400 2,825 65,140 51,178 15,000 -030,000
622,053 622,053
30
358,259 34,025 25,000 -0300 380 -05,393 5,400 -0-
428,757 428,757
15
1,393,365 133,391 28,848 -017,500 31,990 5,000 27,043

GEORGIA LAWS 1980 SESSION

1973

Telecommunications

$

Per Diem, Fees and Contracts

$

Authority Lease Rentals

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

6. General Services Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

7. Internal Administration Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

8. State Campaign and Financial

Disclosure Commission Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

35,610 2,000
1,262,000 2,936,747 2,906,747
85
614,000 48,785 2,000 -0100,000 2,027 -05,674 15,000 3,000
790,486 790,486
38
527,000 82,065 4,000 -0100,000 250 6,000 44,854 13,000 1,000
778,169 778,169
30
58,167 9,830 3,200 -0-

1974

GENERAL ACTS AND RESOLUTIONS, VOL. I

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

9. Elections and Campaign

Disclosure Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Election Expenses

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

Budget Unit Object Classes:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Election Expenses

$

Postage

$

10,000 -0-0-
5,332 3,000 7,500 97,029 97,029
3
176,000 25,185
5,000 -0-
6,000 -0-0-0-
3,700 900
600,000 816,785 816,785
10
5,954,160 1,161,813
181,506 33,000 382,310 61,460 253,114 356,082 151,675 352,275 600,000 30,000

GEORGIA LAWS 1980 SESSION

1975

Authority Lease Rentals Total Positions Budgeted Authorized Motor Vehicles

$ 1,262,000 359 69

B. Budget Unit: Real Estate Commission . . $

Real Estate Commission Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases. . .

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

804,127
397,586 218,640
11,000 10,000 28,000
1,840 50,361 27,300 13,600 45,800 804,127 804,127
27

Real Estate Commission Functional Budget

Real Estate Commission

State Funds

Cost of Operations Pos.

$ 804,127 $ 862,415 27

Budget Unit Object Classes:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

397,586 218,640
11,000 10,000 28,000
1,840 50,361 27,300 13,600

1976

GENERAL ACTS AND RESOLUTIONS, VOL. I

Per Diem, Fees and Contracts Total Positions Budgeted Authorized Motor Vehicles

$

45,800

27

11

Section 40. State Scholarship Commission.

Budget Unit: State Scholarship

Commission

$

1. Internal Administration

Activity Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

13,590,727
1,067,000 86,291 22,000 -035,000 7,800 116,486 69,518 28,250 100,250
1,532,595 -064

2. Higher Education Assistance Corporation Budget:
Payment of Interest and Fees Total Funds Budgeted State Funds Budgeted Total Positions Budgeted

$

600,000

$

600,000

$

431,000

0

3. Higher Education Assistance Authority Budget:
Direct Guaranteed Loans Tuition Equalization Grants State Student Incentive
Scholarships North Georgia College
ROTC Grants Total Funds Budgeted State Funds Budgeted Total Positions Budgeted

$ 2,680,000 $ 8,610,027

$ 3,516,622

$

127,500

$ 14,934,149

$ 13,127,727

0

GEORGIA LAWS 1980 SESSION

1977

4. Law Enforcement Personnel Dependents

Scholarship Program Budget:

Law Enforcement Personnel

Dependents Scholarships

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

Budget Unit Object Classes:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Payment of Interest and Fees

$

Direct Guaranteed Loans

$

Tuition Equalization Grants

$

State Student Incentive

Scholarships

$

Law Enforcement Personnel

Dependents Scholarships

$

North Georgia College

ROTC Grants

$

Total Positions Budgeted

Authorized Motor Vehicles

Provided, that of the above appropriated amount relative to Direct Guaranteed Loans an amount not to exceed $12,000 is designated and committed for the purpose of providing stipends for training recruitment, teacher and counselor personnel in health career fields and other fields for which funds are provided herein for the making of direct guaranteed cancellable loans to students.

32,000 32,000 32,000
0
1.067.000 86,291 22,000 -035.000 7,800 116,486 69,518 28,250 100,250
600,000 2.680.000 8,610,027
3,516,622
32.000
127,500 64 1

1978

GENERAL ACTS AND RESOLUTIONS, VOL. I

Provided, that the above appropriated amount relative to Direct Guaranteed Loans shall otherwise be used to provide guaranteed loans to students as provided for in Georgia Laws 1969, p. 683, as amended. Provided further, however, that of said appropriated amount, the amounts designated below shall to the greatest extent possible be used to provide cancellable loans to students as designated below pursuant to provisions relative to cancellable loans set forth in Georgia Laws 1969, p. 683, as amended, and Georgia Laws 1965, p. 210, as amended, to wit: (a) an amount not less than $1,435,000 is designated and committed for the purpose of providing cancellable loans to students in critical paramedical, professional and educational fields of study approved for this purpose by the State Scholarship Commission pursuant to Georgia Laws 1965, p. 210, as amended; (b) an amount not to exceed $100,000 is designated and committed for the purpose of providing cancellable loans to students who are eligible members of the Georgia National Guard as provided for in Georgia Laws 1977, p. 739, as amended; (c) an amount not to exceed $360,000 is designated and committed for the purpose of providing cancellable loans to classroom teachers seeking special education training; (d) an amount not to exceed $40,000 is designated and committed for the purpose of providing cancellable loans to students who are to become agricultural teachers.
Provided, that from the above appropriated amount relative to the Payment of Interest and Fees, such funds as may be necessary shall be used to pay an interest subsidy discount of 1.5% to lenders, other than educational institution lenders, on loans guaranteed by the Georgia Higher Education Assistance Corporation dispersed during fiscal year 1980-1981.

GEORGIA LAWS 1980 SESSION

1979

Provided, that from any of the above appropriated amounts any available funds may be utilized by the Georgia Higher Education Assistance Corporation for the purpose of paying interest and special allowance payments to lenders within thirty days after the end of each calendar quarter.
Provided that, the above appropriated amount relative to Tuition Equalization Grants provides for payment of grants of $600 per academic year to undergraduate students attending private colleges as provided in Georgia Laws 1971, p. 906, as amended, and contemplates continuation of payment of the grant during the 1981 summer school term.
Provided, that the above appropriated amount relative to Student Incentive Scholarships is designated and committed solely for the purpose of providing needs-based scholarships to undergraduate students as provided by applicable State and Federal law, provided, however, that until the Student Incentive Scholarship Program is adequately funded to assist eligible students at all undergraduate levels of study, scholarships shall not be awarded to students for summer term study in institutions of higher education, nor to students for summer period study in other postsecondary educational institutions unless summer period study is part of the typical academic year of such institution.
Provided, that of the above appropriated amount relative to Law Enforcement Personnel Dependents Scholarships $32,000 is designated and committed solely for the purpose of providing scholarships to children of law enforcement officers, firemen, and prison guards permanently disabled or killed in the line of duty, as provided by law.

1980

GENERAL ACTS AND RESOLUTIONS, VOL. I

Provided, that with approval of the Governor, the Higher Education Assistance Corporation is authorized to budget and use agency funds for the purpose of acquiring office facilities.

Section 41. Soil and Water Conservation

Committee.

Budget Unit: Soil and Water

Conservation Committee

$

1. Soil and Water Conservation

Central Office Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

. $

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

2. Soil and Water Conservation

Dam Safety Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

703,510
311,856 36,235 35,510 -017,005 3,600 -013,679 9,637 128,975
556,497 556,497
12
97,858 11,850 7,500 5,500 3,500
1,770 2,000 4,235 2,800 10,000 147,013 147,013
5

GEORGIA LAWS 1980 SESSION

1981

3. Resources Conservation Act Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Real Estate Rentals

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

Budget Unit Object Classes:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Positions Budgeted

Authorized Motor Vehicles

Section 42. Teachers' Retirement System.

Budget Unit: Teachers' Retirement

System

$

Departmental Operations Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment

Purchases

$

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

11,412 2,000
200 -0-
9,178 -0-0-
450 200 346 23,786
-00
421,126 50,085 43,210 5,500 29,683 5,370 2,000 18,260 12,887
139,175 17 3
6,730,000
1,049,000 42,101 11,000
-022,000
7,875 302,184
72,196

1982

GENERAL ACTS AND RESOLUTIONS, VOL. I

Telecommunications Per Diem, Fees and Contracts Postage Floor Fund for Local
Retirement Systems Employer Contributions Total Funds Budgeted State Funds Budgeted Total Positions Budgeted

$

36,160

$

137,000

$

46,200

$

940,000

$ 5,790,000

$ 8,455,716

$ 6,730,000

60

Budget Unit Object Classes:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Floor Fund for Local

Retirement Systems

$

Employer Contributions

$

Total Positions Budgeted

Authorized Motor Vehicles

1,049,000 42,101 11,000 -022,000 7,875
302,184 72,196 36,160
137,000 46,200
940,000 5,790,000
60 1

It is the intent of the General Assembly that from funds available the Teachers' Retirement System is authorized to implement H. B. 15 of the 1975 Regular Session of the Georgia General Assembly.

Section 43. Department of Transportation.

Budget Unit: Department of

Transportation

$ 379,984,437

1. Planning and Construction

Budget:

Personal Services

$ 63,193,215

Regular Operating Expenses

$ 3,676,029

Travel

$ 1,595,810

GEORGIA LAWS 1980 SESSION

1983

Motor Vehicle Equipment Purchases
Publications and Printing Equipment Purchases Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Capital Outlay Total Funds Budgeted State Funds Budgeted Total Positions Budgeted

$

-0-

$

219,105

$

97,900

$

-0-

$

26,365

$

712,594

$ 6,917,436

$ 291,576,161

$ 368,014,615

$ 150,958,280

3,186

2. Maintenance and Betterments Budget:
Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment
Purchases Publications and Printing Equipment Purchases Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Capital Outlay Total Funds Budgeted State Funds Budgeted Total Positions Budgeted

$ 48,925,758

$ 29,439,582

$

245,304

$

-0-

$

8,800

$

-0-

$

-0-

$

-0-

$

95,944

$

951,300

$ 83,950,000

$ 163,616,688

$ 161,981,688

3,725

3. Authorities Budget: Authority Lease Rentals State of Georgia General Obligation Debt Sinking Fund Total Funds Budgeted State Funds Budgeted

$ 24,948,877
$ 3,731,274 $ 28,680,151 $ 28,680,151

4. Facilities and Equipment Budget:

Motor Vehicle Equipment Purchases .... $

Equipment Purchases

$

Capital Outlay

$

1,000,000 2,203,157
305,000

1984

GENERAL ACTS AND RESOLUTIONS, VOL. I

Total Funds Budgeted State Funds Budgeted

$ 3.508.157 $ 3.433.157

5. Assistance to Counties Budget: Grants to Counties Total Funds Budgeted State Funds Budgeted

$ 9,317,013 $ 9,317,013 $ 9,317,013

6. Administration Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Publications and Printing Equipment Purchases Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Total Funds Budgeted State Funds Budgeted Total Positions Budgeted

$ 6,977,509

$ 1,958,223

$

109,874

$

-0-

$

207,550

$

-0-

$ 1,241,666

$

849,324

$

183,444

$

150,000

$ 11,677,590

$ 11,677,590

321

Appropriation of State funds in the foregoing Department of Transportation budgets shall be in conformity with and pursuant to Article III, Section X, Paragraph VII, subsection (b) of the State Constitution, and shall be in an amount at least equal to all money derived from motor fuel taxes received by the Fiscal Division of the Department of Administrative Services in the immediately preceding year, less the amount of refunds, rebate and collection costs authorized by law. The fiscal officers of the State are hereby directed, as of July 1 of each fiscal year, to determine the net collection of motor fuel tax received by the Fiscal Division of the Department of Administrative Services in the immediately preceding fiscal year and enter the full amount so determined on the records of the State as being the appropriation payable in lieu of the amount appropriated herein.

GEORGIA LAWS 1980 SESSION

1985

Provided, however, that objects for Activities financed by Motor Fuel Tax including Planning and Construction, Maintenance and Betterments, Authority Lease Rentals, General Obligation Debt Sinking Fund Payments, Administration, and Grants to Counties, may be adjusted for any additional appropriations and/or balances appropriated and brought forward from previous years as requested by the Department of Transportation and approved by the Office of Planning and Budget.
For general administrative cost of operating the Department of Transportation, including equipment and compensation claims.
For State matching participation in costs of construction, reconstruction, improvement in highways, and highway planning, in cooperation with the Federal Government, including all cost items incident thereto. For the cost of road and bridge construction and surveys, maintenance and improving the State Highway System of roads and bridges, and the costs incident thereto provided all expenditures for county contracts shall be in accordance with and on the basis of average prices authorized by law. Provided, however, that funds shall be allocated to matching all Federal aid funds prior to the allocation of any funds for other works, and the Department of Transportation may add, delete and substitute Federal aid projects to secure the full benefit of the Federal aid program. Provided, further, that in order to meet the requirements of the Interstate System with regard to completion by a date fixed by existing Federal Statute of Federal-State 90-10 projects, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for the letting and execution of highway contracts essential to and included in such Interstate Program not to exceed the amount of State Motor Fuel Tax Revenues 63

1986

GENERAL ACTS AND RESOLUTIONS, VOL. I

actually paid into the Fiscal Division of the Department of Administrative Services and constitutionally appropriated to the Department of T ransportation.
For lease rental obligations of the Department of Transportation to the Georgia Highway Authority and the Georgia Building Authority in accordance with lease rental contracts now in existence and for appropriations to the "State of Georgia General Obligation Debt Sinking Fund" for the specific purpose of paying annual debt service requirements on new General Obligation debt to finance the construction or reconstruction of public roads and bridges approved by the Department of Transportation.
For grants to counties for aid in county road construction and maintenance to be distributed and disbursed to various counties of the State by the Fiscal Division of the Department of Administrative Services in the same proportional basis to each county as the proportion of each county's total public road mileage is to the total public road mileage in the State, as such mileage information is furnished by the Department of Transportation.
Provided, further, that a member of the governing authority of the county, designated by such authority, shall submit to the State Auditor a copy of its regular annual audit not later than six months after the end of the fiscal year for which such audit is made. The State Auditor shall compare the amount of funds distributed to each county in such year under the provisions of Section 92-1404, subsection (F) of the Motor Fuel Tax Law against the amount of funds expended by each county in such year for the purposes authorized by said Section.

GEORGIA LAWS 1980 SESSION

1987

Appropriations for the foregoing activities include an appropriation that shall be utilized for the specific purpose and amounts as shown below:

Planning and Construction

Geodetic Control

$

Capital Outlay - Paving State

and Local Schools and

State Institutions

$

Paving State Parks and

Historic Sites

$

Capital Outlay - Railroad

Grade Separation

$

Capital Outlay - Railroad

Relocation

$

This appropriation shall be accounted for separately from all other appropriations to the Department of Transportation, and shall be in addition to appropriations of an amount equivalent to motor fuel tax revenue required under Article III, Section X, Paragraph VII, subsection (b) of the State Constitution.

7. Assistance to Municipalities

Budget:

Grants to Municipalities

$

Total Funds Budgeted

$

State Funds Budgeted

$

For grants to municipalities for Capital Outlay in accordance with an Act approved March 31, 1965 (Ga. Laws 1965, p. 458), as amended.

Provided, further, that a member of the governing authority of the municipality, designated by such authority, shall execute an affidavit annually that 'funds received under this Section have been expended in accordance with the law and the Constitution, and file the same with the

272,879 750.000 500.000 2,800,000 200.000
9,317,000 9,317,000 9,317,000

1988

GENERAL ACTS AND RESOLUTIONS, VOL. I

Fiscal Division of the Department of Administrative Services. At the request of the Governor or the Office of Planning and Budget or the Director of the Department of Transportation, the State Auditor shall cause an audit to be made of any municipality to determine the use of such funds. The expense of such audit shall be deducted from funds granted to such municipality in any future year.

Provided, further, that the above sums shall be distributed and disbursed to the various municipalities on a quarterly basis, such payments to be made on the last day of each quarter.

8. Air Transportation Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases .... $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

9. Inter-Modal Transfer Facilities

Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment

Purchases

$

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

421,000 315,144
11,500 -0-
400 6,000
-01
4,100 500
758,645 453,645
17
475,000 25,072 25,151
-025,000
1,000 -0-0-
15,000 311,000

GEORGIA LAWS 1980 SESSION

1989

Capital Outlay - Airport Development
Capital Outlay - Airport Operational Improvements
Capital Outlay - Airport Approach Aid
Mass Transit Grants Total Funds Budgeted State Funds Budgeted Total Positions Budgeted
10. Harbor Maintenance Budget: Harbor Maintenance Payments Total Funds Budgeted State Funds Budgeted
Budget Unit Object Classes: Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Publications and Printing Equipment Purchases Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Capital Outlay Mass Transit Grants Grants to Municipalities Harbor Maintenance Payments Grants to Counties Authority Lease Rentals Capital Outlay - Airport Development State of Georgia General Obligation Debt Sinking Fund Capital Outlay - Airport Operational Improvements

$

720,000

$ 1,000,000

$

300,000

$

628,690

$ 3,525,913

$ 3,315,913

24

$

850,000

$

850,000

$

850,000

$ 119,992,482 $ 35,414,050 $ 1,987,639

$ 1,000,000

$

460,855

$ 2,308,057

$ 1,241,666

$

875,690

$ 1,011,082

$ 8,330,236

$ 375,831,161

$

628,690

$ 9,317,000

$

850,000

$ 9,317,013

$ 24,948,877

$

720,000

$ 3,731,274 $ 1,000,000

1990

GENERAL ACTS AND RESOLUTIONS, VOL. I

Capital Outlay - Airport

Approach Aid

$

Total Positions Budgeted

Authorized Motor Vehicles

For the general administrative expenses of airport development, mass transit planning and development, the promotion of aviation safety, the provision of air transportation services, and for contractual expense for harbor maintenance.

Provided, that the Department of Transportation is authorized to retain such portion of its Air Transportation service income as is required to maintain and upgrade the quality of its equipment.

Provided, that the Department of Transportation is authorized to utilize State Airport Development Funds to finance a maximum of 10% of an individual airport project when matching both FAA and Local Funds, and 50% of an individual airport project when matching Local Funds only with no Federal Fund participation. Provided, further, that the Department of Transportation is authorized to utilize State Airport Development Funds at 100% of the total cost of an individual airport project for airports owned by the State of Georgia.

Provided, that $850,000 of the above allocation for harbor maintenance payments is designated and committed for payment for harbor maintenance and improvements at Savannah.

Provided, further, that the Department of Transportation is authorized and directed to transfer to Personal Services from other object classes such funds as are required to fund the increased Personal Services costs contemplated in this Act, subject only to approval by the Office of Planning and Budget.

300,000 7,273 4,800

GEORGIA LAWS 1980 SESSION

1991

Section 44. Department of Veterans Service.

Budget Unit: Department of Veterans

Service

$

1. Veterans Assistance Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . , . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Grants to Confederate Widows

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

Authorized Motor Vehicles

2. Veterans Home and Nursing Facility |

Milledgeville Budget:

Capital Outlay

$

Equipment Purchases

$

Regular Operating Expenses

for Projects

$

Operating Expenses/Payments to

Central State Hospital

$

Total Funds Budgeted

$

State Funds Budgeted

$

3. Veterans Nursing Home -

Augusta Budget:

Capital Outlay

$

Equipment Purchases

$

Regular Operating Expenses

for Projects

$

Operating Expense/Payments to

Medical College of Georgia

$

Total Funds Budgeted

$

State Funds Budgeted

$

8,901,309
2,542,027 84,617 71,525 -018,000 -0273 120,584 57,000 6,000 29,200 3,966
2,933,192 2,631,642
167 1
-0-0-
10,000
5.896.970 5.906.970 4,465,220
-0-0-
5,000
2.470.134 2.475.134 1,804,447

1992

GENERAL ACTS AND RESOLUTIONS, VOL. I

Budget Unit Object Classes:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges. .

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Capital Outlay

$

Postage

$

Grants to Confederate Widows

$

Operating Expense/Payments to

Central State Hospital

$

Operating Expense/Payments to

Medical College of Georgia

$

Regular Operating Expenses

for Projects

$

Total Positions Budgeted

Authorized Motor Vehicles

Section 45. Workers' Compensation Board.

Budget Unit: Workers' Compensation

Board

$

1'. Workers' Compensation

Administration Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

2,542,027 84,617 71,525 -018,000 -0273 120,584 57.000 6,000 -029,200 3,966
5,896,970
2,470,134
15.000 167 1
3,287,569
2,408,656 80,976 40,000 -040,500 18,764 75,600
202,561 67,960 58,670 47,200
3,040,887 3,040,887
123

GEORGIA LAWS 1980 SESSION

1993

2. Vocational Rehabilitation Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

196,221 11,221 10,000 -03.000 2.000 400 16,500 4,040 500 2,800
246,682 246,682
12

Budget Unit Object Classes:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing

$

Equipment Purchases

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Postage

$

Total Positions Budgeted

Authorized Motor Vehicles

2,604,877 92,197 50.000 -043,500 20,764 76.000
219,061 72.000 59,170 50.000 135 1

Section 46. State of Georgia General Obligation Debt Sinking Fund.
Budget Unit: State of Georgia General Obligation Debt Sinking Fund

$ 36,894,251

It is the intent of this General Assembly to construct a general cargo facility, not to exceed $12,000,000, at Colonel's Island upon Congressional authorization and appropriation for deepening the existing navigational channel in

1994

GENERAL ACTS AND RESOLUTIONS, VOL. I

Brunswick Harbor into Brunswick River and the construction of a new navigation channel connecting Brunswick River through the South Brunswick River to Colonel's Island via the South Brunswick River to a minimum depth of 32 feet prior to June 30, 1981.
Section 47. In addition to all other appropriations for the fiscal year ending June 30, 1981 there is hereby appropriated $2,300,000 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture, and there is hereby appropriated $5,032,570 for the purpose of providing operating funds for the State physical health laboratories ($208,600 - Budget Unit "A") and for State mental health/mental retardation institutions ($4,823,970 - Budget Unit "C") in the Department of Human Resources. Provided, further, the Office of Planning and Budget is hereby authorized to transfer funds from this section to the Department's budget on a quarterly basis in an amount equal to that which the Department remits to the Fiscal Division of the Department of Administrative Services from agency fund collections.
Section 48. Salary increases. In addition to all other appropriations for the fiscal year ending June 30, 1981, there is hereby appropriated $146,900,000 for the purposes described herein: 1) An increase in certain State Merit System pay grades; 2) An 8% salary increase for employees who are not members or are non-contributing members of the Employees' Retirement System; 3) A 1.75% cost-of-living salary increase, effective July 1, 1980, for State employees, to include employees of the Department of Audits, employees of the Legislative Branch, employees of the Judicial Branch, employees of the Georgia Building Authority, State officials whose salary is set by Act 755 (H. B. 262) of the 1978 Regular Ses-

GEORGIA LAWS 1980 SESSION

1995

sion of the Georgia General Assembly, and secretaries for whom salaries are set by Act 279 (H. B. 260) of the 1977 Regular Session of the Georgia General Assembly; 4) To provide a L-3 step to the State Merit System pay schedule; 5) For teachers, public libraries and other instructional and support personnel, a 9.75% salary increase applied to the index salary schedule, effective September 1, 1980; 6) For school bus drivers, a 12.25% salary increase, effective July 1, 1980; 7) For the University System employees, a 9.75% salary increase, to be effective September 1, 1980 for academic contracted personnel; 8) A 9.75% salary increase, effective July 1, 1980, for nonacademic personnel, and fiscal year contracted personnel of the University System and employees of the Athens and Tifton Veterinary Laboratories; 9) To fund the employer payments required by the Act of the 1980 General Assembly (S. B. 42) which amends the Employees' Retirement System of Georgia, the Georgia Legislative Retirement System, the Superior Court Judges Retirement System, the act creating the Office of Judge of the Superior Courts Emeritus, the District Attorneys' Retirement System, the act creating the office of District Attorney Emeritus and an act providing for the compensation and allowances of certain State Officials; and 10) To provide the salary increases or increases in the retirement benefits for those officers and officials provided for in said Act of the 1980 General Assembly (S. B. 42).
Provided, further, that no funds shall be transferred from this Section without prior review and approval by the Legislative Budget Office.
Section 49. In addition to all other appropriations for the fiscal year ending June 30, 1981, there is hereby appropriated $1,266,413 to increase the mileage reimbursement rate for privately owned vehicles from fifteen cents ($.15) per mile to eighteen cents ($.18) per mile, to be effective July 1, 1980.

1996

GENERAL ACTS AND RESOLUTIONS, VOL. I

Section 50. It is the intent of this General Assembly that to the greatest extent feasible, the Georgia Building Authority (Hospital) and Georgia Building Authority (Penal) utilize existing surplus funds for payments to bond trustees for unmatured issues to eliminate the necessity of debt-service appropriations in Fiscal Year 1981 and thereafter.
Section 51. The Federal General Revenue Sharing contemplated in this Act shall be applied to the appropriations of the Department of Education and Regents, University System of Georgia for the line item "Teacher Retirement". The proportion of such Federal Funds to be allocated to the Department of Education and Regents, University System of Georgia shall be determined by the Office of Planning and Budget.
Section 52. It is the intent of this General Assembly that each and every agency, board, commission and authority receiving appropriations in this Act shall develop and enforce stringent regulations relating to the use of motor vehicles owned, leased or rented by the State, including provisions that employees authorized to utilize State vehicles for commuting to and from work shall not use such vehicles except for official State business.
Provided, further, it is the intent of this General Assembly that each State agency utilizing xerographic reproducing equipment maintain a log for each unit of equipment indicating the date, number of copies and such other data determined appropriate to- conserve the utilization of such equipment. It is the further intent of this General Assembly that each State agency implement procedures to control usage of longdistance, GIST and credit card telephone calls, in order to mitigate the State's cost therefor.

GEORGIA LAWS 1980 SESSION

1997

Section 53. It is the intent of this General Assembly that to the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
It is the further intent of this General Assembly that the Office of Planning and Budget utilize its budgetary and fiscal authority so as to accomplish the above-stated intent to the greatest degree feasible; and that at the end of this fiscal year, said Office of Planning and Budget provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
Section 54. It is the intent of this General Assembly that each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine by Object Class the expenditures of each activity contained in this Appropriations Act.
Section 55., In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make

1998

GENERAL ACTS AND RESOLUTIONS, VOL. I

refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law. No wholesale distributor of motor fuel shall be entitled to a refund covering shrinkage in the process of retailing motor fuel as authorized by Act of Georgia General Assembly of 1947 (Ga. Laws 1947, p. 1115), by virtue of the said wholesale distributor being engaged in retailing motor fuel.
Section 56. No State appropriations authorized under this Act shall be used to continue programs currently funded by 100% Federal funds.
egtion 57. Provided lurther that no^ funds inthis^appropriation shall be behalf of GeorJ^hs^idigentJkegarServi^^c affiliates, nor rfhalljip^-Sfiite facilitwVe available fortherT'use, includiTTg42ubflp'fifi)?fsd to thepeofgia Interactive StatewideTek^omrnp-^
firms Network pithpr directly or indirectly*
Section 58. In accordance with the requirements of Article IX, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under lease contracts now in existence or as provided for in this Appropriations Act between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the fiscal year beginning July 1, 1980, and for each and every fiscal year thereafter, until all payments required under lease contracts have been paid in full, and if for any reason any of the sums herein provided under any other provision of this Act are insufficient in any year to make the required payments in full, there shall be taken from other

GEORGIA LAWS 1980 SESSION

1999

funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.
The General Assembly declares that the sums hereby appropriated for lease rentals are to pay the general obligations of the State incurred under valid lease contracts and such appropriations are to be paid from the general funds of the State as a first charge upon General Funds.
Section 59. All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 1980 regular session, except as otherwise specified in this Act; provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs, and activities subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond fiscal year 1981, and provided, further, that no funds whatsoever shall be transferred between objects without the prior approval of at least eleven (11) members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section

2000

GENERAL ACTS AND RESOLUTIONS, VOL. I

or in violation of any amendments properly approved by the Director of the Budget. In those cases in which the aforesaid Budget Report contains no recommendation by the Governor of expenditures as to objects, the Director of the Budget, except as to the Legislative and Judicial Branches of the Government, is authorized to allocate as to object such funds as he deems proper, but he shall not approve any operating budget containing any such allocation until such shall be submitted and approved in the same manner and under the same conditions provided hereinbefore for transfers.
Section 60. Wherever in this Act the term "Budget Unit Object Classes" is used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit, and shall supersede the object classification shown in the Budget Report for F.Y. 1981 submitted to the General Assembly at the 1980 regular session.
Section 61. It is the intent of the General Assembly that for the purposes of this Act,
(1) Authorized motor vehicles are defined as sedans, pick-up trucks, vans, station wagons and any other such vehicles for street and highway use, and
(2) The number of authorized motor vehicles indicated for each budget unit shall include leased vehicles and State-owned vehicles, and
(3) The Departments are not authorized to accept vehicles from surplus property to increase the number authorized in this Act unless specifically approved by this General Assembly.
Section 62. The Office of Planning and Budget is hereby directed to economize wherever

GEORGIA LAWS 1980 SESSION

2001

possible and in the event any part of the appropriations provided in the foregoing Section of this Act shall be in excess of the actual approved budget allotments for the fiscal year, the amounts so in excess, as determined by the Office of Planning and Budget, shall cease to be an obligation of the State.

Section 63. TOTAL APPROPRIATIONS

F.Y. 1981

$ 3,039,420,957.

Section 64. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 65. All laws and parts of laws in conflict with this Act are hereby repealed.

Approved April 9, 1980.

SCHOOL BUS DRIVERS - SICK LEAVE.
No. 1421 (House Bill No. 765).
AN ACT
To amend an Act providing that school bus drivers in the public schools of this State shall be entitled to sick leave, approved March 6, 1962 (Ga. Laws 1962, p. 670), as amended by an Act approved March 27, 1972 (Ga. Laws 1972, p. 488), so as to provide for the accumulation of all unused sick leave up to a maximum of forty-five days; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:

2002

GENERAL ACTS AND RESOLUTIONS, VOL. I

Section 1. An Act providing that school bus drivers in the public schools of this State shall be entitled to sick leave, approved March 6, 1962 (Ga. Laws 1962, p. 670), as amended by an Act approved March 27, 1972 (Ga. Laws 1972, p. 488), is hereby amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1, to read as follows:
"Section 1. Each person employed as a school bus driver 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, and all unused sick leave shall be accumulated from one school year to the next up to the maximum of forty-five days. A school bus driver may utilize sick leave upon the approval of the superintendent of schools of the county in which such school bus driver 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 school bus driver's immediate family. School bus drivers 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 nonworkdays."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved April 9, 1980.

STATE BOARD OF CORRECTIONS -- HABITUAL OFFENDERS, ETC.
No. 1422 (Senate Bill No. 582). AN ACT
To amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board

GEORGIA LAWS 1980 SESSION

2003

of Corrections and to prisons, public works camps and prisoners, approved February 20, 1956 (Ga. Laws 1956, p. 161), as amended, particularly by an Act approved March 18, 1961 (Ga. Laws 1961, p. 127), by an Act approved March 18, 1964 (Ga. Laws 1964, p. 495), by an Act approved April 12, 1968 (Ga. Laws 1968, p. 1399), by an Act approved March 25, 1976 (Ga. Laws 1976, p. 949), and by an Act approved March 14, 1978 (Ga. Laws 1978, p. 985), so as to differentiate between habitual offenders and others for the purposes of awarding earned time; to define habitual offenders for the purposes of awarding earned time; to provide that such differentiation in habitual offenders and others shall only apply to those whose third or subsequent felony offense is committed after the effective date of this Act; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia;
Section 1. An Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, approved February 20, 1956 (Ga. Laws 1956, p. 161), as amended, particularly by an Act approved March 18, 1961 (Ga. Laws 1961, p. 127), by an Act approved March 18, 1964 (Ga. Laws 1964, p. 495), by an Act approved April 12, 1968 (Ga. Laws 1968, p. 1399), by an Act approved March 25, 1976 (Ga. Laws 1976, p. 949), and by an Act approved March 14, 1978 (Ga. Laws 1978, p. 985), is hereby amended by striking subsection (a) of Section 24A in its entirety and inserting in lieu thereof a new subsection (a) of Section 24A to read as follows;
"(a) The Department of Offender Rehabilitation shall formulate and promulgate rules and regulations providing for earned time allowances to be awarded to prisoners based upon the performance of the prisoners. Except that earned time allowances shall not be awarded to prisoners sentenced to life imprisonment. Such rules and regulations shall not provide for earned time allowances exceeding one-half of the period of confinement imposed by the court. Such rules and regulations shall differentiate between habitual offenders and other offenders for the purposes of awarding earned time. An

2004

GENERAL ACTS AND RESOLUTIONS, VOL. I

habitual offender shall be defined, for the purposes of this Act, as any felony offender sentenced to, or serving in custody of the Department of Offender Rehabilitation, a third or subsequent felony incarceration in the Georgia Prison System since January 1, 1970; provided, however, that the provisions of this Act relating to habitual offenders shall only apply to those felony offenders whose third or subsequent felony offense was committed after the effective date of this Act. Additional sentences imposed on an offender during service of another sentence will be considered as the same incarceration."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved April 10, 1980.

GAME AND FISH CODE AMENDED.
Code Title 45 Amended.
No. 1423 (House Bill No. 1207).
AN ACT
To amend Code Title 45, known as the "Game and Fish Code," as amended, so as to provide new length limits for the taking or possession of largemouth bass and to authorize the Board of Natural Resources to establish exceptions to said length limits; to eliminate size limits for trout on the Coleman River and its tributaries upstream from the junction of said river with the Tallulah River; to eliminate size limits for trout in the Chattahoochee River between Buford Dam and Old Jones Bridge; to change artificial lure designations on the Chattahoochee River between Buford Dam and Old Jones Bridge; to change the sturgeon season; to add provisions gov-

GEORGIA LAWS 1980 SESSION

2005

erning the taking of saltwater shrimp for noncommercial purposes; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section i, Code Title 45, known as the "Game and Fish Code," is hereby amended by striking subsection (a) of Code Section 45714, pertaining to size limits for largemouth bass, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) It shall be unlawful to take or have in possession from any of the waters of this state any largemouth bass less than six inches in length. It shall also be unlawful to take or have in possession from any of the waters of this state any largemouth bass from six to eighteen inches in length; provided, however, the board shall permit exceptions to this restriction by regulations promulgated in accordance with current, sound principles of wildlife management."
Section 2. Said Code Title is further amended by striking subsections (f) and (g) of Code Section 45-714, which reads as follows:
"(f) It shall be unlawful to take or have in possession any rainbow or brown trout less than ten inches (10") or any brook trout less than eight inches (8") in length taken from the Coleman River or its tributaries upstream from the junction of said river with the Tallulah River.
(g) It shall be unlawful to take or possess any mountain trout less than eight inches (8") in length from the Chattahoochee River between Buford Dam and Old Jones Bridge.",
in their entirety.
Section 3. Said Code Title is further amended by striking paragraph (1) of subsection (b) of Code Section 45-719, pertaining to artificial lure designations on the Chattahoochee River between Buford Dam and Old Jones Bridge, in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows:
"(1) That portion of the Chattahoochee River from Georgia Highway 20 downstream to Georgia Highway 141."

2006

GENERAL ACTS AND RESOLUTIONS, VOL. I

Section 4. Said Code Title is further amended by striking paragraph (3) of subsection (c) of Code Section 45-728, pertaining to size limits for trout and largemouth bass in waters covered by the reciprocal agreement with South Carolina, in its entirety and substituting in lieu thereof a new paragraph (3) to read as follows:
"(3) The minimum size limit on trout taken from Clark Hill and Hartwell Reservoirs shall be 14 inches in length between December 1 and April 1 of the following year. There shall be no size limit on trout taken from these waters during the period of April 1 through November 30;"
Section 5. Said Code Title is further amended by striking from subsection (c) of Code Section 45-803 the following:
"April 15",
and substituting in lieu thereof the following:
"July 1",
so that when so amended subsection (c) of Code Section 45-803 shall read as follows:
"(c) `Sturgeon nets', as used herein, shall mean a single net or webbing of mesh of not less than six inches (6") on the square. Provided, however, said nets must be situated so as to allow onethird (1/3) of the stream width to remain open and free for the passage of fish and may not be used except between January 15 and July 1 of each year. It shall be unlawful to retain any game fish taken in such nets."
Section 6. Said Code Title is further amended by adding between Code Sections 45-902 and 45-903 a new Code Section to be designated Code Section 45-902.1 to read as follows:
"45-902.1. Noncommercial Saltwater Fishing for Shrimp. Except as otherwise provided by law, it shall be unlawful to take saltwater shrimp for noncommercial purposes in the saltwaters of the State of Georgia except by means of a cast net or by means of a beach seine of a length and mesh size authorized for use in saltwaters by subsection 45-812(d)."

GEORGIA LAWS 1980 SESSION

2007

Section 7. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 9. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved April 10, 1980.

2008

GENERAL ACTS AND RESOLUTIONS. VOL. I

RESOLUTIONS OF THE
GENERAL ASSEMBLY OF THE
STATE OF GEORGIA

19 8 0
PROPOSING AMENDMENTS TO THE
CONSTITUTION OF GEORGIA

GEORGIA LAWS 1980 SESSION

2009

MUSCOGEE COUNTY - HOMESTEAD EXEMPTION.
Proposed Amendment to the Constitution.
No. 153 (Senate Resolution No. 227).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for certain adjustments in the exemptions from ad valorem taxation of homesteads for certain purposes in Muscogee County; to provide for other matters relative to the foregoing; to provide for submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following:
"For each tax year beginning on or after January 1, 1981, the amount of each homestead exemption from ad valorem taxation applicable to the homestead of a resident of Muscpgee County shall be the greater of the amount specified in this Constitution or the amount determined for the tax year as follows: (1) determine the amount of the exemption in effect for the immediately preceding tax year including any change authorized by amendment of this Constitution; (2) then multiply the amount determined in (1), above, by a percentage which is equal to 100 percent plus the percentage amount of increase or minus the percentage amount of decrease, as appropriate, in the county tax digest of real and personal property in the immediately preceding tax year over the amount of the county tax digest of real and personal property in the second immediately preceding tax year. When any such percentage change is not a whole number percentage, the actual percentage change shall be rounded off to the next highest whole number percentage. The provisions of this paragraph shall not apply with respect to any exemption granted from taxes levied for state purposes."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.

2010

GENERAL ACTS AND RESOLUTIONS, VOL. I

The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide for automatic changes of homestead ex-
[ ] NO emptions granted in Muscogee County for county and school purposes based upon changes in the county tax digest?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

GWINNETT JUDICIAL BUILDING AUTHORITY.
Proposed Amendment to the Constitution.
No. 154 (Senate Resolution No. 247).
A RESOLUTION
Proposing an amendment to the Constitution of the State of Georgia so as to create a body corporate and politic and as an instrumentality of the State of Georgia to be known as the Gwinnett Judicial Building Authority; to authorize the said authority to acquire, construct, equip, maintain, and operate self-liquidating projects embracing buildings and facilities for use by Gwinnett County, a political subdivision of the State of Georgia, for its judicial functions; to provide for the appointment of the members of the authority; to provide for the manner of changing the number of members and the manner of their appointment; to define certain words and terms; to confer powers and impose duties on the authority; to grant limitations to the authority; to authorize the authority and Gwinnett County, a political subdivision of the State of Georgia, to enter into contracts and leases pertaining to the use of such facilities, which contracts and leases shall obligate Gwinnett County, a political subdivision of the State of Georgia, to make payment for the use of the facilities for the term thereof definite and

GEORGIA LAWS 1980 SESSION

2011

certain and to pledge for that purpose money from the general funds of the county derived from taxation and other lawful sources; to authorize the issuance of revenue bonds of the authority payable from the revenues, rents, and earnings or other funds of the authority and to pay the cost of such undertakings or projects; to limit the aggregate principal amount of revenue bonds outstanding at any one time to an amount not exceeding 1 percent of the latest approved gross tax digest of Gwinnett County; to authorize the collection and pledging of such revenues, rentals, and earnings for the payment of such bonds and the cost of maintaining, operating, and repairing of projects; to authorize the adoption of resolutions and the execution of trust indentures to secure the payment of such bonds and to define the rights of the holders of such bonds; to make the bonds of the authority exempt from taxation; to provide the right and power for the authority to condemn property of every kind and character; to authorize the issuance of revenue refunding bonds; to provide for the validation of such bonds and to fix the venue or jurisdiction of actions relating to any provisions of this amendment; to exempt the property and income of the authority from taxation; to provide for the authority's immunity and exemption from liability for torts and negligence; to provide that the property of the authority shall not be subject to levy and sale except under certain conditions; to provide that this amendment shall be liberally construed; to provide an effective date for this amendment; to provide that no enabling legislation shall be necessary; to define the scope of the authority's operations; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article IX, Section VIII, Paragraph I of the Constitution of the State of Georgia is hereby amended by adding at the end thereof the following:

"GWINNETT JUDICIAL BUILDING AUTHORITY:
A. Creation. There is hereby created a body politic to be known as the Gwinnett Judicial Building Authority which shall be deemed to be an instrumentality of the State of Georgia and a public corporation and in that name, style, and title said body may contract and be contracted with, sue and be sued, plead and be interpleaded, and complain and defend in all courts of law and equity. In the event

2012

GENERAL ACTS AND RESOLUTIONS, VOL. I

the name of said authority shall ever become the subject of change, the same may be accomplished by an Act of the General Assembly.
B. Purpose. The said authority is created for the purpose of acquiring, constructing, equipping, maintaining, and operating selfliquidating projects embracing buildings and facilities for use by Gwinnett County, a political subdivision of the State of Georgia, for its governmental and judicial functions, including but not limited to the Superior Courts of Gwinnett County, clerk of Superior Court of Gwinnett County, Support Division of Gwinnett Superior Court, district attorney for Gwinnett Superior Court, State Court of Gwinnett County, clerk of State Court of Gwinnett County, solicitor of state court, Juvenile Court of Gwinnett County, Probate Court of Gwinnett County, Probation and Offender Rehabilitation Department of Gwinnett Courts, and Sheriff's Department of Gwinnett County.
In the event the above-named governmental and judicial functions shall be subject to change by additions thereto, the same may be accomplished by an Act of the General Assembly.
C. Membership. The authority shall consist of three members, and the initial members shall be selected and appointed by the governing authority of Gwinnett County. No individual who holds an elected public office or is an attorney at law may be selected and appointed a member of the authority. The terms of office of the members of the authority shall be a period of four years from the date of their appointment and they shall hold office until their successors shall be named and appointed. Any vacancy on the authority may be filled for any unexpired term by the governing authority of Gwinnett County. Immediately after such appointments, the members of such authority shall enter upon their duties. The authority shall elect one of its members as chairman, and one as vice-chairman, and shall also elect a secretary and treasurer, which secretary and treasurer need not necessarily be a member of the authority. Two 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 membership of the authority shall receive no compensation for their services but may be reimbursed by the authority for their actual expenses necessarily incurred in the performance of their duties. The authority shall make rules and regulations for its own government. It shall cause an annual audit of its financial records to be made by a certified public accountant and shall have the

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findings published in the county organ. It shall have perpetual existence. In the event the number of the members of the authority or the qualifications of the membership of the authority or the manner in which the members of the authority shall be selected shall ever become the subject of change, the same may be accomplished by an Act of the General Assembly.
D. Definitions. As used herein the following words and terms shall have the following meanings:
(1) The word `authority' shall mean the Gwinnett Judicial Building Authority herein created.
(2) The words `Gwinnett County' shall mean Gwinnett County, a political subdivision of the State of Georgia.
(3) The word `project' shall be deemed to mean and include building and related facilities intended for use as courthouse, judicial building, judicial facilities, other offices, and related uses and all buildings, structures, utilities, and structures of every kind deemed necessary or desirable by the authority in connection therewith. In the event the definitions of the word `project' shall ever become the subject of change, the same may be accomplished by an Act of the General Assembly.
(4) The term `cost of the project' shall embrace the cost of construction; the cost of all lands, properties, rights and easements, and franchises acquired; the cost of all machinery and equipment, financing charges, interest prior to and during 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 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 herein.
(5) The terms `revenue bonds' and `bonds,' as used in this amendment, shall mean revenue bonds under the provisions of the Revenue Bond Law (Ga. Laws 1957, pp. 36, et seq.) amend-

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GENERAL ACTS AND RESOLUTIONS, VOL. I

ing the law formerly known as the Revenue Certificate Law of 1937 (Ga. Laws 1937, pp. 761, et seq., as amended) and such type of obligations may be issued by the authority as authorized under said Revenue Bond Law and in addition shall also mean obligations of the authority, the issuance of which are hereinafter specifically provided for herein.
(6) Any project or combination of projects shall be deemed `self-liquidating' if, in the judgment of the authority, the revenues to be derived by the authority from rentals of said project or projects to Gwinnett County or agencies, authorities, departments, and political subdivisions of the State of Georgia 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.
E. Powers. The authority shall have the powers:
(1) To have a seal and alter the same at pleasure;
(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 respects 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 as provided herein except from the funds provided herein; and, in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceedings as may be just to the authority and to the owners of the property to be condemned; and no property shall be acquired as provided herein upon which any lien or other encumbrance exists unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or encumbrance;

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(4) To appoint and select officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and to fix their compensation;
(5) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and Gwinnett County and any divisions, departments, institutions, agencies, counties, or political subdivisions of the State of Georgia are hereby authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable; and, without limiting the generality of the above, authority is specifically granted to the said county and any division, department, institution, agency, or political subdivision of the State of Georgia to enter into lease contracts and related agreements for the use of any structure, building, or facility or a combination of any two or more structures, buildings, or facilities of the authority for a term not exceeding 50 years and any division, department, institution, agency, or political subdivision of the State of Georgia may obligate itself to pay an agreed sum for the use of such property and Gwinnett County may enter into lease contracts and related agreements for the use of any structure, building, or facility or a combination of two or more structures, buildings, or facilities of the authority for a term not exceeding 50 years upon approval of its governing body and may obligate itself to pay an agreed sum for the use of such property so leased and also obligate itself as a part of the undertaking to pay the cost of maintaining, repairing, and operating the property furnished by and leased from the authority;
(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 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 or grants or loans and grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof upon such

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terms and conditions as the United States of America or such agency or instrumentality 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; and
(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.
F. 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 a sum not to exceed 1 percent of the latest approved gross tax digest of Gwinnett County in aggregate principal amount outstanding at any one time, for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The limitation on the amount of revenue bonds that may be outstanding as hereinabove provided may not be changed by the General Assembly pursuant to paragraph CC of this amendment. 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 not exceeding the maximum limit prescribed in the Revenue Bond Law or any amendment thereto, shall be payable semiannually, 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 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. Such revenue bonds or obligations shall be issued pursuant to and in conformity with the Revenue Bond Law (Ga. Laws 1957, pp. 36, et seq.) amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. Laws 1937, pp. 761, et seq., as amended) and all procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in said Revenue Bond Law and any amendments thereto.
G. Same; form; denominations; registration; place of payment. The authority shall determine the form of the bonds, including any

GEORGIA LAWS 1980 SESSION

2017

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 the principal alone and also as to both the principal and interest.
H. 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 manually or by use of the facsimile signature of the chairman of the authority and attested by the secretary and treasurer of the authority and the official seal of the authority shall be affixed thereto and any coupons attached thereto shall bear the facsimile signatures of the chairman and secretary and treasurer of the authority. Any 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 to hold the proper office, although at the date of delivery and payment of such bonds such persons may not have been so authorized or shall not have held such office.
I. Same; negotiability; exemption from taxation. All revenue bonds issued under the provisions hereof shall be fully negotiable for all purposes and shall have and are hereby declared to have all of the qualifications of negotiable instruments under the laws of the state. Such bonds are declared to be issued for an essential public and governmental purpose and the said bonds and the income thereof shall be exempt from all taxation within the state.
J. 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 interest of the authority.
K. Same; proceeds of bonds. The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects; and, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of any deficit, which u64nless otherwise provided in the resolution authorizing the issuance

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GENERAL ACTS AND RESOLUTIONS, VOL. I

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 such funds as may be provided in the resolution authorizing the issuance of the bonds or in the trust indenture.
L. Same; interim receipts and certificates or temporary bonds. Prior to the preparation of definitive bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter.
M. 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.
N. 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 herein. In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution providing for the issuance of revenue bonds upon the provisions hereof shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the authority by a majority of the quorum as herein provided.
O. Revenue bonds not debt. Revenue bonds issued by the authority hereunder shall not be deemed to constitute a debt of Gwinnett County nor of any municipality, county, authority, or political subdivision of the State of Georgia or instrumentality of the United States government which may contract with such authority. No contracts entered into by the authority with any such municipality, county, authority, or political subdivision of the State of Georgia, or instrumentality of the United States government shall create a debt of the respective municipalities, counties, authorities, or political subdivisions of the State of Georgia within the meaning of Article IX, Section VII, Paragraph I of the Constitution of the

GEORGIA LAWS 1980 SESSION

2019

State of Georgia; but Gwinnett County may obligate itself to make the payments required under such contracts with moneys derived from the general funds of the County derived from taxation and from other lawful sources, without creating a debt within the meaning of Article IX, Section VII, Paragraph I of the Constitution of the State of Georgia.
P. 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 fees, tolls, revenues, and earnings to be received by the authority, including the proceeds derived from the sale from time to time of any surplus property of the authority, both real and personal. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property; the construction of the project; the maintenance, operation, repair, and insurance of the property; and the custody, safeguarding, and application of all moneys, including the proceeds derived from the sale of property of the authority, both real and personal, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the authority, and satisfactory to the original purchasers of the bonds issued therefor, and may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture.

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Q. Same; to whom proceeds of bonds shall be paid. The authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as are herein provided and such regulations as may be provided in such resolution or trust indenture.
R. Same; sinking fund. The revenues, fees, tolls, and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued and any moneys derived from the sale (which sale must be by public auction) of any properties, both real and personal of the authority, unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide; and such funds so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals, as may be provided in the resolution or trust indenture, into a sinking fund which said sinking fund shall be pledged to and charged with the payments 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 agent or agents for paying principal and interest, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. Such sinking fund must draw interest at the highest rate reasonably available and consonant with the best interests and soundness of the Fund. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be 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.
S. Same; remedies of bondholders. Any holder of revenue bonds issued under the provisions hereof or any of the coupons appertain-

GEORGIA LAWS 1980 SESSION

2021

ing thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either 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 herein or by such resolution or trust indenture, to be performed by the authority, or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished.
T. Same; refunding bonds. The authority is hereby authorized to provide by resolution for the issue of revenue bonds of the authority for the purpose of refunding any revenue bonds issued under the provisions hereof 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 hereof insofar as the same may be applicable.
U. Same; venue and jurisdiction. Any action to protect or enforce any rights under the provisions hereof or any suit or action against such authority shall be brought in the Superior Court of Gwinnett County, Georgia, and any action pertaining to validation of any bonds issued under the provisions hereof shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions.
V. Same; validation. Bonds of the authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law. The petition for validation shall also make party defendant to such action any municipality, county, authority, subdivision, or instrumentality of the State of Georgia or the United States government or any department or agency of the United States government, if subject to be sued, which has contracted with the authority for the services and facilities of the project for which bonds are to be issued and sought to be validated and such municipality, county, authority, subdivision, or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as security for the payment of any

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such bonds of the authority. The bonds when validated and the judgment of validation shall be final and conclusive with respect to such bonds against the authority issuing the same, and any municipality, county, authority, subdivision, or instrumentality of the United States government, if a party to the validation proceedings, contracting with the said authority.
W. Same; interest of bondholders protected. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of said authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds, and no other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interest and rights of the holders of such bonds, nor will the state itself so compete with the authority. The provisions hereof shall be for the benefit of the authority and the holders of any such bonds, and upon the issuance of bonds under the provisions hereof shall constitute a contract with the holders of such bonds.
X. Moneys received considered trust funds. All moneys received pursuant to the authority hereof, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, income, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided for herein.
Y. Exemption from taxation. It is hereby declared that the authority will be performing an essential governmental function in the exercise of the power conferred upon it hereunder and that the authority shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation and 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.
Z. Immunity from tort actions. The authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia has; and the officers, agents, and employees of the authority when in performance of the work of the authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of the State of Georgia. The authority may be sued in the same manner as private corporations may be sued on any contractural obligation of the authority.

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AA. Property subject to levy and sale. The property of the authority shall not be subject to levy and sale under legal process except such property, revenue, income, or funds as may be pledged, assigned, mortgaged, or conveyed to secure an obligation of the authority; and any such property, revenue, funds, or income may be sold under legal process or under any power granted by the authority to enforce payment of the obligation.
BB. Construction. This amendment and all provisions, rights, powers, and authority granted hereunder shall be effective, notwithstanding any other provision of the Constitution to the contrary, and this amendment and any law enacted with reference to the authority shall be liberally construed for the accomplishment of its purposes.
CC. General Assembly. This amendment is self-enacting and does not require any enabling legislation for it to become effective. However, the General Assembly may, by law, further define and prescribe the powers and duties of the authority and the exercise thereof and may enlarge and restrict the same and may, likewise, further regulate the management and conduct of the authority not inconsistent with the provisions of this amendment. The authority shall be an instrumentality of the State of Georgia, and the scope of its operation shall be limited to the territory embraced within the limits of the area of Gwinnett County, Georgia."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to create a body corporate and politic and as an in-
[ ] NO strumentality of the State of Georgia to be known as the Gwinnett Judicial Building Authority?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this

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state and effective as a part of said Constitution immediately upon proclamation of its ratification by the Governor.

GAINESVILLE REDEVELOPMENT AUTHORITY.
Proposed Amendment to the Constitution.
No. 155 (Senate Resolution No. 248).
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the creation of a Gainesville Redevelopment Authority; to provide powers; to specify limitations; to permit the issuance of certain bonds; to provide for other matters relative to the foregoing; to provide for submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article IX, Section VIII, Paragraph I of the Constitution is hereby amended by adding a new paragraph at the end thereof to read as follows:
"Subject to the conditions and limitations specified by local law, the General Assembly may create a Gainesville Redevelopment Authority to assist and promote the economic development and redevelopment of those areas of the City of Gainesville selected by the authority for development, redevelopment, or other improvement. In addition to such other powers as may be specified by law, the authority may: (1) issue revenue bonds, notes, bonds, or revenue certificates; (2) pledge for the retirement of the indebtedness revenues or taxes levied by the City of Gainesville for the purposes of the authority within one or more tax districts, provided each such tax district is located within the central business district of the City of Gainesville; (3) acquire, own, operate, and dispose of real and personal property and construct or remodel same; (4) finance commercial, office, retail, wholesale, restaurant, recreational, hotel, motel, parking, and transportation projects for private enterprise and finance utilities, streets, parks, and public improvements of all kinds for public or private use; and (5) contract with any municipality, county, political subdivision, authority, or other public or private corporation for periods of less than 50 years. The authority may

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not: (1) exercise the power of eminent domain; (2) engage in an undertaking or undertakings or in a project or projects requiring capital expenditures until a resolution approving same has been adopted by a majority vote of the members of the governing authority of the City of Gainesville attending a regular or special meeting of the governing authority at which a majority of the members of the governing authority is present; or (3) purchase or acquire land or facilities for lease, sale, other conveyance to an industry for any purpose, except that the authority may purchase, acquire, or develop property or facilities to be sold, leased, or conveyed for industrial use if: (a) the industrial use of the property or facility, or a portion thereof, is incidental to a project or undertaking of the authority that is principally devoted to the exercise of its powers used to serve its otherwise authorized purpose; or (b) the governing authority of the City of Gainesville passes a resolution at a regular or special session, with a quorum being present and a majority of those present voting in the affirmative, that such a facility or property is appropriate for development by the authority because the facility or property should be coordinated with, or developed in conjunction with, or as a part of, a project or undertaking which the authority is otherwise authorized to undertake. For the purposes of the preceding sentence, an industrial use is `incidental' to a project or undertaking if the total capital cost of the property or facility to be utilized for industrial purposes total capital cost does not exceed 25 percent of the total capital cost of the project or undertaking. Until amended or otherwise changed by the General Assembly, the provisions of an Act creating the Gainesville Redevelopment Authority, approved March 24, 1978 (Ga. Laws 1978, p. 4440), are hereby ratified and continued, except to the extent in conflict with the provisions of this paragraph and except that the General Assembly may not remove or reduce any power of the authority as specified in the Act."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide constitutional authority for the
[ ] NO establishment of a Gainesville Redevelopment Authority and to provide for the powers, duties, and responsibilities of the authority?"

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All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
JURISDICTION OF MUNICIPAL COURTS.
Proposed Amendment to the Constitution.
No. 156 (Senate Resolution No. 280).
A RESOLUTION
Proposing an amendment to the Constitution so as to grant jurisdiction to the recorder's, mayor's, or police courts of any municipality to try and dispose of cases where a person is charged with the possession of one ounce or less of marijuana; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VI, Section IV of the Constitution is hereby amended by adding at the end thereof a new Paragraph, to be designated Paragraph XI, to read as follows:
"Paragraph XI. Municipal courts; certain jurisdiction granted. Notwithstanding any other provision of this article, the recorder's, mayor's, or police courts of any municipality are hereby granted jurisdiction to try and dispose of cases where a person is charged with the possession of one ounce or less of marijuana if the offense occurred within the corporate limits of such municipality. The jurisdiction of such courts shall be concurrent with the jurisdiction of any other courts within the county having jurisdiction to try and dispose of such cases. Any fines and forfeitures arising from the prosecution of such cases shall be retained by the municipality and shall be paid into the treasury of such municipality. Any defendant charged with possession of an ounce or less of marijuana in a recorder's, mayor's, or police court shall be entitled on request to have the case against him transferred to the court having general

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misdemeanor jurisdiction in the county wherein the alleged offense occurred. Nothing herein shall be construed to give any municipality the right to impose a fine or punish by imprisonment in excess of the limits as set forth in the municipality's charter."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to grant jurisdiction to the recorder's, mayor's, or police
[ ] NO courts of any municipality to try and dispose of cases where a person is charged with the possession of one ounce or less of marijuana?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

CLASSES OF TANGIBLE PROPERTY.
Proposed Amendment to the Constitution.
No. 157 (Senate Resolution No. 282).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the General Assembly may by law establish one or more classes of tangible property for use by the State Revenue Commissioner when reviewing and approving county tangible property tax digests; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph III of the Constitution is hereby amended by inserting before the period at the end of the second sentence in the first unnumbered paragraph thereof the following:
", except that the General Assembly may by law establish one or more classes of tangible property for use by the State Revenue Commissioner when reviewing and approving county tangible property tax digests",
so that when so amended the first unnumbered paragraph of Article VII, Section I, Paragraph III shall read as follows:
"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, except that the General Assembly may by law establish one or more classes of tangible property for use by the State Revenue Commissioner when reviewing and approving county tangible property tax digests. 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 including money for taxation, and to adopt different rates and different methods for different classes of such property."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide that the General Assembly may by law
[ ] NO establish one or more classes of tangible property for use by the State Revenue Commissioner when reviewing and approving county tangible property tax digests?"

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All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

TOWNS COUNTY - TAXES FOR EDUCATION.
Proposed Amendment to the Constitution.
No. 158 (Senate Resolution No. 290).
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the Board of Education of Towns County to direct the governing authority of Towns County to impose certain excise taxes on alcoholic beverages sold within Towns County and to authorize said Board to receive funds derived from such taxes and expend same for educational purposes within the Towns County school district; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article IX, Section V, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following:
"The Board of Education of Towns County, upon the adoption of a resolution by said Board for such purpose, is hereby authorized to direct the governing authority of Towns County to impose, on behalf of said Board of Education, any one or more of the following taxes:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(1) An excise tax not exceeding five cents per 12 ounces, or a proportionate tax at like rate on bottles, cans, and containers of various sizes, on the sale of malt beverages within Towns County. Such tax may also be imposed on tap or draft beer sold within Towns County at a rate not exceeding $6.00 for each barrel or bulk container containing 15 1/2 gallons, or a proportionate tax at like rate for containers of various sizes.
(2) An excise tax not exceeding 25 cents per gallon, or a proportionate tax at like rate on fractional parts of a gallon, on the sale within Towns County of wines, whether produced from fruits or berries grown within or without the state, having an alcoholic content of 14 percent or more by volume.
(3) An excise tax not exceeding 80 cents per gallon, or a proportionate tax at like rate on fractional parts of a gallon, on the sale within Towns County of distilled alcoholic beverages if the sale of such distilled alcoholic beverages within Towns County hereafter becomes legal in the manner provided by law.
If the Board of Education of Towns County adopts a resolution directing that one or more of the taxes authorized above be imposed, it shall be the duty of the governing authority of Towns County to impose and collect such tax beginning on the date specified in the resolution adopted by said Board of Education. Said resolution shall specify the rate, within the foregoing limitations, of any such tax. Said tax shall be imposed on behalf of the Board of Education, and the proceeds therefrom shall be paid to the Board of Education, in a manner and at such times as shall be specified by the resolution adopted by said Board of Education, to be used by said Board for educational purposes within the Towns County school district. The Board of Education of Towns County shall be authorized to receive and expend funds derived from any such tax for such educational purposes, notwithstanding any other provision of this Constitution, and receiving such funds shall not modify, restrict, limit or supersede the authority of said Board of Education to cause the levy of ad valorem taxes for educational purposes as provided by law and this Constitution. The governing authority of Towns County shall be authorized to deduct from the proceeds of any tax imposed hereunder a reasonable amount, not to exceed two and one-half percent of such proceeds, for administrative expenses incurred by the county in imposing and collecting any such tax on

GEORGIA LAWS 1980 SESSION

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behalf of the Board of Education. Any tax authorized hereunder may be imposed and collected at either the wholesale or retail level, but no such tax may be imposed at both the wholesale and retail level on the same alcoholic beverages. Any tax authorized hereunder shall be imposed throughout the territorial limits of Towns County and shall be in addition to any such tax heretofore or hereafter imposed or authorized to be imposed by the state or by counties and municipalities.
Any action taken by the Board of Education of Towns County and the governing authority of said county to carry out and implement the powers hereinabove granted shall not be repealed, modified or superseded by any general or local law, whether presently existing or hereafter enacted. Such powers may be exercised by said Board of Education and county governing authority from time to time, and any tax imposed within Towns County pursuant to such powers may be repealed, modified or superseded by subsequent action of said Board of Education and county governing authority."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"[ ] YES Shall the Constitution be amended so as to authorize the Board of Education of Towns County to direct the governing authority of
[ ] NO Towns County to impose certain excise taxes on alcoholic beverages sold within Towns County and to authorize said Board to receive funds derived said such taxes and expend same for educational purposes within the Towns County school district?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."

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GENERAL ACTS AND RESOLUTIONS, VOL. I

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

GENERAL OBLIGATION DEBT FOR EDUCATION FACILITIES.
Proposed Amendment to the Constitution.
No. 159 (Senate Resolution No. 291).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that general obligation debt may be incurred to provide educational facilities for county and independent school systems and to provide that, when the construction of such facilities has been completed, the title to such facilities shall be vested in the respective local boards of education; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GF.NERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section III, Paragraph I, subparagraph (c) of the Constitution is hereby amended by adding immediately following the first paragraph of said subparagraph (c) a new paragraph to read as follows:
"In addition to the authority to incur general obligation debt provided for in the foregoing paragraph, general obligation debt may be incurred to provide educational facilities for county and independent school systems and, when the construction of such educational facilities has been completed, the title to such educational facilities shall be vested in the respective local boards of education for which such facilities were constructed."

GEORGIA LAWS 1980 SESSION

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Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution,
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide that general obligation debt may be incurred to provide educational facilities for coun-
[ ] NO ty and independent school systems and to provide that, when the construction of such facilities has been completed, the title to such facilities shall be vested in the respective local boards of eduction?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

PROGRAM FOR CERTIFIED TEACHERS.
Proposed Amendment to the Constitution.
No. 160 (Senate Resolution No. 307).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the State Board of Education shall establish a program whereby certificated teachers of Georgia may be reimbursed for tuition costs

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GENERAL ACTS AND RESOLUTIONS, VOL. I

for attending colleges or universities in Georgia to maintain their certification, subject to certain limitations and requirements; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VIII, Section IV of the Constitution is hereby amended by adding a new Paragraph at the end thereof, to be designated Paragraph III, to read as follows:
"Paragraph III. Program for Certified Teachers. The State Board of Education shall establish, by not later than the beginning of the fall quarter of 1981, a program whereby teachers certificated in this state may be reimbursed for tuition costs for attending public or private colleges or universities in Georgia when such attendance is for the purpose of taking courses pursuant to a requirement by the State Board of Education that the teacher remain certificated in the teacher's respective subject area. The reimbursement provided for herein shall be limited to ten quarter hours during each period of three calendar years and shall be subject to an agreement by the teacher that he or she will teach classes in the public schools of this state on a full-time basis during the school year following the year during which the teacher attended a college or university pursuant to the program authorized by this Paragraph. The State Board of Education shall adopt rules and regulations, not inconsistent with this Paragraph, to implement the provisions of this Paragraph. This Paragraph shall become effective when funds are appropriated to the State Board of Education for this purpose."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide that the State Board of Education shall

GEORGIA LAWS 1980 SESSION

2035

establish a program whereby certificated teach[ ] NO ers of Georgia may be reimbursed for tuition
costs for attending colleges or universities in Georgia to maintain their certification, subject to certain limitations and requirements?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

POWDER SPRINGS DOWNTOWN DEVELOPMENT AUTHORITY.
Proposed Amendment to the Constitution.
No. 161 (Senate Resolution No. 318).
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Powder Springs Downtown Development Authority; to provide for powers, authority, funds, purposes, and procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article IX, Section VIII, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following paragraph:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

"Powder Springs Downtown Development Authority, (a) There is hereby created a body corporate and politic in the City of Powder Springs in Cobb County to be known as the Powder Springs Downtown Development Authority, which shall be an instrumentality of the City of Powder Springs and a public corporation and which in this amendment is hereafter referred to as the `authority.'
(b) The authority shall consist of five members who shall serve for a term of five years and who shall be eligible for reappointment. The members shall be appointed by the mayor and council of the City of Powder Springs. The first members shall be appointed for terms of one, two, three, four, and five years, respectively, and thereafter their successors shall be appointed for terms of five years. Members shall serve until their successors are duly appointed and qualified. Vacancies shall be filled for the unexpired term by the mayor and council. A majority of members shall constitute a quorum and a majority may act for the authority in any matter. No vacancy shall impair the power of the authority to act. No member of the authority shall be the mayor nor a member of the council of the City of Powder Springs, but there shall be no other disqualification to hold public office by reason of membership in the authority.
(c) The property, obligations, and the interest on the obligations of the authority shall have the same immunity from taxation as the property, obligations, and interest on the obligations of the City of Powder Springs. The exemption from taxation herein provided shall not extend to tenants nor lessees of the authority.
(d) The authority shall have the power:
(1) To sue and to be sued.
(2) To adopt and amend a corporate seal.
(3) To make and execute contracts and other instruments necessary or convenient to exercise the powers of the authority, including, but not limited to, contracts for construction of projects, leases of projects, contracts for sale of projects, and contracts with respect to the use of projects.

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(4) To finance (by loan, grant, or lease), construct, erect, purchase, acquire, own, repair, remodel, renovate, rehabilitate, maintain, extend, improve, sell, equip, expand, add to, operate, or manage projects and to pay the cost of any project from the proceeds of revenue bonds, notes, or other obligations of the authority or any other funds of the authority, or from any contribution or loans by persons, corporations, partnerships (limited or general), or other entities, all of which the authority is hereby authorized to receive and accept and use. For purposes of this paragraph the term `project' shall mean and include anything included within the definition of `project' in the Development Authorities Law and the General Assembly may by local law further define the term `project' for purposes of this paragraph.
(5) To borrow money to further or carry out its public purpose and to execute revenue bonds, notes, other obligations, leases, trust indentures, trust agreements, agreements for the sale of its revenue bonds, notes, or other obligations, loan agreements, mortgages, deeds to secure debt, trust deeds, security agreements, assignments, and such other instruments as may be necessary or desirable, in the judgment of the authority, to evidence and secure such borrowing.
(6) To issue revenue bonds, notes, or other obligations of the authority and use the proceeds thereof for the purpose of paying or loaning the proceeds thereof to pay all or any part of the cost of any project and otherwise to further or carry out the public purpose of the authority and to pay all costs of the authority incident to or necessary and appropriate to furthering or carrying out such purposes.
(7) To make application directly or indirectly to any federal, state, county, or municipal government or agency or to any other source, public or private, for loans, grants, guarantees, or other financial assistance in furtherance of the authority's public purpose and to accept and use same upon such terms and conditions as are prescribed by the federal, state, county, or municipal government or agency or other source.
(8) To enter into agreements with the federal government or any agency thereof to use in the performance of the authority's functions the facilities or the services of the federal govern-

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GENERAL ACTS AND RESOLUTIONS, VOL. I

ment or any agency thereof in order to further or carry out the public purpose of the authority.
(9) To contract for any period not exceeding 50 years with the State of Georgia, state institutions, or any city, town, municipality, or county of the state for the use by the authority of any facilities or services of the state or any such state institution, city, town, municipality, or county, or for the use by any state institution or any city, town, municipality, or county of any facilities or services of the authority, provided such contracts shall deal with such activities and transactions as the authority and any such subdivision with which the authority contracts are by law authorized to undertake.
(10) To extend credit or make loans to any person, corporation, partnership (limited or general), or other entity for the costs of any project or any part of the costs of any project, which credit or loans shall be evidenced or secured by loan agreements, notes, mortgages, deeds to secure debt, trust deeds, security agreements, assignments, and such other instruments or by rentals, revenues, fees, or charges, upon such terms and conditions as the authority shall determine to be reasonable in connection with such extension of credit or loans, including provision for the establishment and maintenance of reserves and insurance funds, and, in the exercise of powers granted by this paragraph in connection with any project, the authority shall have the right and power to require the inclusion in any such loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other instrument of such provisions for guaranty, insurance, construction, use, operation, maintenance, and financing of a project, and such other terms and conditions as the authority may deem necessary or desirable.
(11) As security for repayment of any revenue bonds, notes, or other obligations of the authority to pledge, mortgage, convey, assign, hypothecate, or otherwise encumber any property, real or personal, of the authority and to execute any lease, trust indenture, trust agreement, agreement for the sale of the authority's revenue bonds, notes, or other obligations, loan agreement, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other instrument as may be necessary or desirable, in the judgment of the authority, to secure any such

GEORGIA LAWS 1980 SESSION

2039

revenue bonds, notes, or other obligations, which instrument may provide for foreclosure or forced sale of any property of the authority upon default in any obligation of the authority, either in payment of principal or interest or in the performance of any term or condition contained in any such instrument (the State of Georgia on behalf of itself and each county, municipal corporation, political subdivision, or taxing district therein hereby waives any right it or such county, municipal corporation, political subdivision, or taxing district may have to prevent the forced sale or foreclosure of any property of the authority upon such default and agrees that any instrument encumbering such property may be foreclosed in accordance with law and the terms thereof).
(12) To exercise any power granted by the laws of the State of Georgia to public or private corporations which is not in conflict with the Constitution and laws of the State of Georgia.
(13) To do all things necessary or convenient to carry out the powers expressly conferred by this paragraph.
(e) The authority shall be authorized to levy upon all real property subject to taxation by the authority within the downtown development district on January 1 of each year, a tax not to exceed 25 mills upon the assessed value of all such property, according to the assessed value of such property for ad valorem tax purposes for the City of Powder Springs. All taxes levied by the authority shall become due and payable at the same time as ad valorem taxes levied by the City of Powder Springs. Delinquent taxes shall bear the same interest and penalties as City of Powder Springs ad valorem taxes.
(f) The authority shall have the right and power of eminent domain over the downtown development district for the purpose of acquiring property in carrying out its aims and objectives.
(g) The downtown development district shall be determined by resolution of the mayor and council of the City of Powder Springs and may be amended or changed from time to time at the discretion of the mayor and council.
(h) The revenue bonds or obligations herein authorized to be issued shall not be deemed to constitute a debt of the City of Powder

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GENERAL ACTS AND RESOLUTIONS, VOL. I

Springs within the meaning of Article IX, Section VII, Paragraph I of the Constitution of the State of Georgia of 1976, nor a pledge of the faith and credit of said city, nor shall the city be subject to any pecuniary liability thereon. The revenue bonds shall not be payable from, nor a charge upon, any funds of the city. Any bondholder shall have the right to compel the authority to levy the special tax herein provided for within the limit herein prescribed to pay the bonds and interest thereon; provided, however, that any resolution of the authority authorizing the issuance of revenue bonds or any trust agreement, trust indenture,or similar agreement approved by the authority may provide that no bondholder shall have any such right to compel levy of a tax, and, in that event, the authority may not and shall not levy any tax to pay the bonds which are the subject of any such resolution, trust agreement, trust indenture, or similar agreement or interest thereon.
(i) The authority is hereby authorized to issue revenue bonds, notes, or other obligations from time to time to carry out the purposes of this paragraph. Revenue bonds, notes, or other obligations so issued shall be paid solely from the revenues pledged to the payment thereof, which revenues may include any funds derived from the special tax levy provided hereunder. Such revenue bonds, notes, or other obligations shall be authorized by resolution of the governing body of the authority, which may be adopted at a regular or special meeting by a majority vote of the members of said governing body. The governing body of said authority in determining the cost of any project for which revenue bonds, notes, or other obligations are to be issued may include all costs relative to the issuance thereof and, without intending to limit such costs, may include architectural, engineering, inspection, fiscal agents', and legal expenses estimated to accrue from the date of any revenue bonds, notes, or other obligations through the period of construction and for six months after such construction; and such revenue bonds, notes, or other obligations shall bear such date or dates, mature at such time or times, not exceeding 30 years from their respective dates, bear interest at such rate or rates, and may be in such denominations and may carry such registration privileges and be subject to redemption and may contain such terms, covenants, assignments, and conditions as the resolution authorizing the issuance of such revenue bonds, notes, or other obligations may provide. Revenue bonds, notes, or other obligations and interest thereon so issued by said authority are hereby declared to be tax exempt for any and all pur-

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poses. The terms, conditions, covenants, and provisions contained in any such resolution authorizing the issuance of such revenue bonds, notes, or other obligations shall bind said governing body then in office and its successors thereof, including any covenant to levy taxes within the limits herein prescribed for the purpose of providing such funds as may be necessary to pay the principal of and interest on any such issue or issues of revenue bonds, notes, or other obligations and to create and maintain a reserve for that purpose. Such bonds, but not notes or other obligations, issued by said authority shall be validated in the Superior Court of Cobb County in the same manner as revenue bonds of municipalities are validated as provided under the Revenue Bond Law (Ga. Laws 1937, p. 761), as amended. There shall be no limitation upon the amount of revenue bonds, notes, or other obligations which the authority may issue. The interest rate or rates on or to be borne by any revenue bonds, notes, or other obligations issued by the authority shall be determined by the members of the authority; and any limitations with respect to interest rates or any maximum interest rate or rates found in the Revenue Bond Law (Ga. Laws 1937, p. 761), as amended, the usury laws of the State of Georgia, or any other laws of the State of Georgia shall not apply to revenue bonds, notes, or other obligations of the authority issued pursuant to this paragraph. The members of the authority for purposes of the Revenue Bond Law shall constitute the `governing body,' as that term is used herein.
(j) For purposes of validation of revenue bonds as provided under the Revenue Bond Law (Ga. Laws 1937, p. 761), as amended, the authority shall be considered to be located in the City of Powder Springs, Cobb County, Georgia.
(k) The authority may provide for the replacement of any bonds issued by it which shall be lost, mutilated, or destroyed.
(l) In the discretion of the authority, any issue of bonds pursuant to this paragraph may be secured by a trust indenture by and between the authority and a trustee, which may be any trust company, any bank having the powers of a trust company within or outside the state, any national banking association organized under the laws of the United States, or an individual. Such trust indenture may pledge or assign fees, tolls, revenues, rents, receipts, earnings, or other funds to be received by the authority, including the pro-

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GENERAL ACTS AND RESOLUTIONS, VOL. I

ceeds derived from the sale from time to time of any surplus property of the authority, either real or personal. The resolution providing for the issuance of such bonds or the trust indenture may set forth the rights and remedies of the bondholders and of the trustee and may prescribe the procedure by which bondholders may enforce their rights. Such resolution or trust indenture may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects satisfactory to the trustee or to the bondholders, and may also require that the security given by any contractors and by any depository of the proceeds of the bonds or revenues or other moneys be satisfactory to such trustee or bondholders, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued pari passu with the revenue bonds initially issued pursuant to such resolution or trust indenture. It shall be lawful for any bank or trust company incorporated under the laws of this state or any national banking association organized under the laws of the United States to act as such depository and to furnish such security as may be required by the authority. All expenses incurred in connection with any such resolution or trust indenture may be treated as operating expenses of the authority. This subparagraph is illustrative and does not limit the types of instruments which may secure or provide for any issue of bonds or the terms and provisions which any resolution adopted by the authority or any instrument executed by the authority may contain. Any resolution adopted by the authority or any indenture of trust, trust agreement, or other instrument executed by the authority may contain such terms and provisions as the authority shall approve. Such approval of the authority shall be conclusively established by the execution of any such resolution, indenture of trust, trust agreement, or other instrument by the chairman or vice chairman of the authority and the attestation of such execution by the secretary or any assistant secretary of the authority. Nothing herein shall be construed to require, for any issue of revenue bonds, a trustee or a trust indenture, trust agreement, or similar instrument.
(m) In addition to and not in limitation of other powers granted in this paragraph as to the issuance of revenue bonds and security for such bonds, the authority shall have the power to enter into any financial and contractual arrangements which it deems appropriate with users or owners of projects in order to provide security to bondholders; and for such purposes it may also enter into joint

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agreements, arrangements, or trust indentures with such users or owners and a trustee or trustees under any trust indenture in order that funds may be procured to accomplish the purposes of this paragraph.
(n) While any of the revenue bonds issued by the authority remain outstanding, the powers, duties, or existence of the authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will adversely affect the interest and rights of the holders of such bonds.
(o) All revenue bonds of the authority issued under the provisions of this paragraph are declared to be issued for an essential public purpose and the said bonds and the income therefrom shall at all times be exempt from taxation within the state.
(p) Any revenue bonds issued by the authority under the provisions of this paragraph 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 whomsoever 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 revenue bonds of the authority 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.
(q) The purpose of the authority is the redevelopment of the downtown Power Springs district, which includes but is not limited to renovation and rehabilitation of existing buildings, structures, and improvements and acquisition and construction of new buildings, structures, and improvements located in the downtown Powder Springs district, all for any commercial, business, office, public, or other use determined by a majority of the members of the

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GENERAL ACTS AND RESOLUTIONS, VOL. I

authority to further the redevelopment of the downtown Powder Springs district. The purpose of the authority is hereby declared to be an essential and public purpose, promoting the public good and welfare and benefiting the citizens of the downtown Powder Springs district and the City of Powder Springs. This paragraph shall be liberally construed to effect its purpose.
(r) It is hereby declared that all property of the authority held pursuant to the terms of this paragraph, whether real or personal, tangible or intangible, and of any kind or nature, and any income or revenue therefrom, is held for an essential public purpose and all such property is deemed to be public property and tax exempt."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide for the establishment of a Powder
] NO Springs Downtown Development Authority and to provide for the powers, duties, and responsibilities of said authority?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

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CITY OF COLUMBUS CHARTER REVIEW COMMISSIONS.
Proposed Amendment to the Constitution.
No. 162 (Senate Resolution No. 311).
A RESOLUTION
Proposing an amendment to the Constitution so as to create at ten-year intervals a Charter Review Commission for the City of Columbus, Georgia, to study the charter of said city and, in its discretion, to propose changes in the existing charter which will be submitted to the voters of said city for their approval or rejection; to provide for powers and duties of the commission and other officials; to provide for intent; to provide for powers of the General Assembly; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article IX, Section IV, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following:
"(a) Any other provisions of this Constitution to the contrary notwithstanding, beginning in January, 1981, and at ten-year intervals thereafter, there shall be created a Charter Review Commission for the City of Columbus, Georgia, to study the charter of said city (sometimes referred to as the consolidated government of the City of Columbus and Muscogee County). The commission shall be composed of 25 members representing a fair cross section of citizens in the community, including but not limited to the various geographic, business, ethnic, racial, and gender segments of the city. Fifteen members shall be appointed by the mayor of Columbus, Georgia, and one member shall be appointed by each member of the council. The mayor shall designate the chairman of the commission. Vacancies in the commission shall be filled in the same manner as the original appointment by the mayor or a member of the council. The commission shall hold an organizational meeting at the call of the mayor, may elect additional officers, and shall adopt such rules and regulations necessary or desirable to carry out its powers and perform its duties and functions as provided in paragraphs (a), (b),

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GENERAL ACTS AND RESOLUTIONS, VOL. I

and (c). Members shall not be compensated for their services. All public officials of the city, upon request, shall furnish the commission with information and assistance necessary or appropriate for it to carry out its duties.

(b) The commission shall be required to hold at least two public hearings to determine the sentiment of the citizens regarding any proposed changes in the existing charter recommended by the commission. Said commission shall cause the date, time, and place of such hearings to be advertised in the official organ of the City of Columbus at least twice during the week immediately preceding the week during which such public hearings are held. The commission may hold additional public hearings, provided that such hearings are advertised as provided herein.

(c) The commission shall complete its work and report its recommendations to the governing authority of the city within 15 months after the date of its initial meeting, at which time the commission shall be abolished and terminated. The commission shall file with the clerk of the governing authority of the city certified copies of any proposed changes in the existing charter. Such copies shall be public records and shall be available for inspection or examination by any interested person.

(d) After the recommendations are filed with the governing authority, it shall be the duty of the election superintendent to issue the call for an election for the purpose of submitting any proposed changes in the existing charter to the qualified voters of the City of Columbus. Proposed changes in the existing charter shall be submitted to the voters separately. No proposed changes in the existing charter shall be submitted if they have not been approved by the Department of'Justice if such approval is required by law. The election superintendent shall set the date of such election for the date of the general election held immediately following the completion of the commission's work. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of the city. The ballot shall have written or printed thereon any number of the following:

`For approval of the change in the existing charter of the City

of Columbus which provides that

.'

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`Against approval of the change in the existing charter of the

City of Columbus which provides that

'

With respect to each proposed change, all persons desiring to vote in favor of such change in the existing charter shall vote for approval, and those persons desiring to vote for rejection of any such change shall vote against approval. If more than one-half of the votes cast are for approval of any such change in the existing charter, then said change shall become effective on the first day of January immediately following the election; otherwise, such change in the existing charter shall be void and of no force and effect. The expense of such election shall be borne by the City of Columbus.

(e) The charter review commission shall not be authorized to propose changes in an existing charter which are contrary to the restrictions imposed on the General Assembly and the Muscogee County Charter Commission pursuant to an amendment to the Constitution ratified at the general election held in 1968 (Ga. Laws 1968, p. 1508).

(f) The provisions of paragraphs (a) through (e) and the powers of the charter review commission are in no way exclusive to the commission and are in no way intended to take away the power of the General Assembly to amend the charter and are cumulative to other powers provided by general or local law affecting the City of Columbus, Georgia.

(g) The General Assembly by local Act may change any of the powers or provisions relating to the charter review commission or abolish said charter review commission."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.

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

"[ ] YES Shall the Constitution be amended so as to create at ten-year intervals a Charter Review Commission for the City of Columbus, Georgia,

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[ ]: NO to study the charter of said city and, in its discretion, to propose changes in the existing charter which will be submitted to the voters of said city for their approval or rejection?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

FULTON COUNTY 4 PUBLIC SAFETY SERVICE DISTRICTS.
Proposed Amendment to the Constitution.
No. 163 (Senate Resolution No. 314).
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to control or limit by local law the provision of public safety services by the governing authority of Fulton County and create districts within Fulton County and control or limit Fulton County ad valorem taxes within and without such districts to the end that Fulton County shall levy and collect ad valorem taxes to provide public safety services only within the area or areas of Fulton County where such services are directly provided by the governing authority of said county; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article IX, Section IV, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following:
"Any other provision of this Constitution to the contrary notwithstanding, the General Assembly may control or limit by local law the provision of public safety services by the governing authority of Fulton County and, in connection therewith, may create one or more districts within Fulton County and control or limit ad valorem taxes levied by Fulton County within and without such district or districts to the end that Fulton County shall levy and collect ad valorem taxes to provide public safety services only within the area or areas of said county where public safety services are directly provided by the governing authority of said county. Any local law enacted by the General Assembly pursuant to the authority herein granted shall control the subject matter of this paragraph, notwithstanding the provisions of any general law, whether presently existing or hereafter enacted."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to authorize the General Assembly to control or limit by local law the provision of public safety services by the governing authority of Fulton
[ ] NO County and create districts within Fulton County and control or limit Fulton County ad valorem taxes within and without such districts to the end that Fulton County shall levy and collect ad valorem taxes to provide public safety services only within the area or areas of Fulton County where such services are directly provided by the governing authority of said county?"

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All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

MURRAY COUNTY HOMESTEAD EXEMPTIONS.
Proposed Amendment to the Constitution.
No. 164 (Senate Resolution No. 332).
A RESOLUTION
Proposing an amendment to the Constitution so as to increase to $6,000.00 the amount of the homestead exemption from county taxes for residents of Murray County who are 65 years of age or over; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following paragraph:
"Each resident of Murray County who is sixty-five (65) years of age or over is hereby granted an exemption from all county ad valorem taxes in the amount of $6,000.00 on a homestead owned and occupied by him as a residence if his net income, together with the net income of his spouse who also occupies and resides at such

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homestead, as net income is defined by Georgia law, from all sources, except as hereinafter provided, does not exceed $4,000.00 for the immediately preceding taxable year for income tax purposes. For the purposes of this paragraph, net income shall not include income received as retirement, survivor or disability benefits under the Federal Social Security Act or under any other public or private retirement, disability or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and his spouse under the Federal Social Security Act, and income from such sources in excess of such maximum amount shall be included as net income for the purposes of this paragraph. The value of the residence in excess of the above exempted amount shall remain subject to taxation. Any such owner shall not receive the benefits of such homestead exemption unless he, or through his agent, files an affidavit with the tax commissioner of Murray County, 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 to make a determination as to whether such owner is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose. Such applications shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto. Provided, that after any such owner has filed the proper affidavit, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he make application and file the said affidavit thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any such owner, however, to notify the tax commissioner of Murray County in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The General Assembly may provide by law for the proper administration of this exemption including penalties necessary therefor. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 1980."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.

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The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to increase to $6,000.00 the amount of the
[ ] NO homestead exemption from county taxes for residents of Murray County who are 65 years of age or over?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

THOMAS COUNTY -As 1979 -- PROPOSED CONSTITUTIONAL AMENDMENT REPEALED.
Proposed Amendment to the Constitution Repealed.
No. 165 (Senate Resolution No. 338).
A RESOLUTION
To repeal Resolution Act No. 17 (Senate Resolution 10) adopted at the 1979 session of the General Assembly as set forth in Georgia Laws 1979, pp. 1788, 1799, which resolution proposed an amendment to the Constitution to authorize the General Assembly to provide by law for the creation of a public authority for Thomas County to provide certain educational facilities within said county; to repeal conflicting laws; and for other purposes.

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BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Resolution Act No. 17 (Senate Resolution 10) adopted at the 1979 session of the General Assembly as set forth in Georgia Laws 1979, pp. 1788, 1799, entitled:
"A Resolution
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the creation of a public authority for Thomas County in order to provide educational facilities within Thomas County to enable persons attending such facilities to obtain a higher education or other post-secondary education or training beyond the twelfth grade and to provide by law that Thomas County may expend county funds to financially support such public authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.",
is hereby repealed in its entirety.
Section 2. All laws and parts of laws in conflict with this resolution are hereby repealed.

FULTON COUNTY - RETIREMENT OF CERTAIN FORMER EMPLOYEES.
Proposed Amendment to the Constitution.
No. 166 (Senate Resolution No. 342).
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize and direct the governing authority of Fulton County to establish rules and regulations to provide an increase of $100.00 per month for certain former officers and employees of Fulton County who

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retired prior to January 1, 1964; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article IX, Section V, Paragraph II of the Constitution is hereby amended by adding a new paragraph at the end thereof to read as follows:
"The governing authority of Fulton County is hereby authorized and directed to establish rules and regulations to provide an increase of $100.00 per month for former officers and employees who are entitled to pension payments under an Act authorizing the board of commissioners of Fulton County to establish rules and regulations governing the payment of pensions to county employees, approved March 3, 1939 (Ga. Laws 1939, p. 571), as amended, and who retired prior to January 1, 1964. Any former officer or employee who is entitled to pension payments under said Act and who retired prior to January 1, 1964, shall receive an increase of $100.00 per month as provided in this paragraph beginning January 1, 1981. It shall be the duty of the governing authority of Fulton County to appropriate and pay into the pension fund each year sufficient moneys as may be necessary to pay the cost of the benefits provided pursuant to this paragraph."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to authorize and direct the governing authority of Fulton County to establish rules and regulations
[ ] NO to provide an increase of $100.00 per month for certain former officers and employees of Fulton County who retired prior to January 1, 1964?"

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All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

HAPEVILLE DEVELOPMENT AUTHORITY.
Proposed Amendment to the Constitution.
No. 167 (Senate Resolution No. 343).
A RESOLUTION
Proposing an amendment to the Constitution of the State of Georgia so as to create the Hapeville Development Authority; to provide for the powers, authority and duty, of such Authority; to authorize the Authority to issue its revenue bonds, and to provide for the method and manner of such issuance and for validation thereof; to authorize the Authority to contract with the City of Hapeville and with the State of Georgia and any departments, institutions, agencies, municipalities, counties or political subdivisions of the State of Georgia, public corporations and others; to authorize the City of Hapeville to contract with the Authority for the use by the City of Hapeville or the residents thereof of any facilities or services of the Authority, and to authorize said city to create special tax districts and to levy taxes and to expend tax monies from said tax districts as well as tax funds of the city and other available funds of the city and to authorize the city to make payment thereof to the Authority upon* such terms as may be provided in any contract entered into by and between the Authority and the City of Hapeville; to authorize the establishment of such rules and regulations and procedures as are necessary to accomplish the lawful purpose of said Authority; to provide for submission of this amendment for ratification or rejection; to repeal conflicting laws; and for other purposes.

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BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section L Article IX, Section IV, Paragraph II of the Constitution of the State of Georgia is hereby amended by adding at the end thereof the following:
"HAPEVILLE DEVELOPMENT AUTHORITY
1. Creation. There is hereby created a body, corporate and politic to be known as the Hapeville Development Authority which shall be deemed to be an instrumentality and political subdivision of the State of Georgia and a public corporation thereof 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.
2. Purpose. The said Authority is created for the purpose of acquiring, constructing, adding to, extending, improving, equipping, maintaining, and operating public projects, public buildings and other public facilities, parking lots or garages and other parking structures and any and all other facilities useful or desirable in connection therewith, acquiring the necessary property therefor, both real and personal, with the right to contract for the use of or to lease or sell any or all of such facilities, including real property, and to do any and all things deemed by the Authority necessary, convenient or desirable for and incident to the efficient and proper development and operation thereof, and to attain development and promote for the public good, general welfare, trade, commerce, industry and employment opportunities and to promote the general welfare of the community, same is vested with authority to ascertain and designate areas it deems proper to be blighted, retarded or slum areas which constitute a serious and growing menace injurious to the public health, safety, morals and welfare of the residents of the City of Hapeville; the existence of such areas constitutes substantially and increasingly to the spread of disease, crime and constitutes increasingly an economic and social liability, substantially impairs or arrests the sound growth of the municipality, retards the provision of housing for commercial accommodations, aggravates traffic problems and substantially impairs or arrests the elimination of traffic hazards and the improvement of traffic facilities; and the prevention and elimination of such areas is a matter of State and

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local policy and State and local concern in order that the State and its political subdivisions shall not continue to be endangered by areas which are focal centers of economic and social liability, and while contributing little to the tax income of the State and its municipalities, consume an excessive proportion of its revenue because of the extra services required for police, fire, accident, hospitalization and other forms of public protection, services and facilities; in order to alleviate the aforesaid problems and to accomplish the aforestated purpose, the Authority shall be vested with such powers as are necessary to accomplish same by acquisition, clearance and disposition subject to use restrictions of property, both real and personal, since the prevailing condition of decay may make impractical the reclamation of the area by conservation or rehabilitation; some areas or portions thereof may be susceptible to conservation or rehabilitation in such a manner that the conditions and evils hereinabove enumerated may be eliminated or remedied or prevented and to the extent feasible, savable areas should be conserved and rehabilitated through voluntary private action and regulatory processes; and the Authority may do any and all things deemed by such Authority necessary, convenient or desirable for and incident to the efficient proper development and operation thereof.
3. Membership. The Authority shall consist of nine (9) members, one of whom shall be the Mayor of 'the City of Hapeville, Georgia, or his designated member from the City Council of the City of Hapeville.
(a) Qualifications. All persons who have resided within the limits of the City of Hapeville for at least six months shall be eligible for nomination to membership on the Authority.
(b) Composition and Appointments. The remaining eight positions for membership in the Authority shall be comprised as follows: The eight positions shall be filled by resolution of the Mayor and Council of Hapeville. The Mayor of the City of Hapeville or his designee shall serve during the term of office for which he was elected. The Chairman of the Authority shall be selected by a majority of its members at the first annual meeting of each calendar year. The members of the Authority shall serve four (4) year staggered terms as follows: For the initial membership of the Authority, of the eight (8) positions filled by resolution of the Mayor and Council of Hapeville, two positions shall be filled for a one-year term, two

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positions shall be filled for two-year terms, two positions shall be filled for three-year terms and two positions for a four-year term. Thereafter, upon completion of a term for appointment, each successor shall be appointed for a four-year term and until their successors have been selected and appointed. Any member of the Authority may be selected and appointed to succeed himself. All appointments shall be for a term commencing on January 1 and ending December 31. The members of the Authority shall enter upon their duties immediately after such appointment. The Authority shall elect one of its members to serve as Vice Chairman who shall be elected for a term of one year or until his successor is selected and qualified and annually thereafter the Authority shall select one of its members in the same manner for a one-year term. The Authority shall also select a Secretary-Treasurer which Secretary-Treasurer need not necessarily be a member of the Authority and, if not a member, he or she shall have no voting rights and said SecretaryTreasurer shall be elected to serve at the pleasure of the Authority. No member of the Authority shall hold more than one office except that of Secretary-Treasurer. Four members of the Authority shall constitute a quorum. A majority of the members shall be empowered to exercise the rights and perform all the duties of the Authority and no vacancies on the Authority shall impair the right of the quorum to act. In the event of a vacancy on the Authority through death, resignation or otherwise, the same shall be filled for the unexpired term of the member ceasing to be a member of such Authority for any reason in the same manner that such member originally became a member of the Authority. The Authority shall make rules and regulations for its own government. It shall have perpetual existence. In the event the number of members of the Authority or the qualifications of the membership or the manner in which the members of the Authority shall be selected shall ever be the subject of change, the same may be accomplished by an Act of the General Assembly, except that the General Assembly may not alter the term of office of any duly appointed member then serving.
4. Definitions. As used herein the following words and terms shall have the following meanings:
(a) The word `Authority' shall mean the Hapeville Development Authority herein created.

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(b) The work `Project' shall be deemed to mean and include the acquisition, construction, leasing or equipping of new industrial, commercial, business, trade or public facilities or the improvement, modification, acquisition, expansion, modernization, leasing, equipping, or remodeling of existing industrial, commercial, business, trade, or public facilities located or to be located within the City of Hapeville, including, but not limited to one or more buildings or structures to be used in the production, manufacturing, processing, assembling, storing or handling of any agricultural, manufactured, mining or industrial product, or any combination of the foregoing; one or more buildings or structures or property useful or necessary in the transportation of persons or property; one or more buildings or structures or property to be used, maintained and operated as a multi-use coliseum and civic center type facilities to be used for athletic contests, games, meetings, trade fairs, expositions, political conventions, agricultural events, theatrical and musical performances and all other public entertainments permitted by law, and the usual facilities related thereto, including, without limitation, refreshment stands and restaurants; one or more buildings or structures or property useful or necessary in the accommodations of people, including but without limitation, any hotel, motel, motor inn, lodging house, lodge or any combination thereof; and parking facilities or parking areas in connection with any of the above or combination thereof, including but not limited to related buildings and the usual and convenient facilities appertaining to such undertakings, and extensions and improvements of such facilities.
(c) The term `cost of project' shall include: all costs of construction, purchase or other form of acquisition; all costs of real or personal property required for the purposes of such project and of all facilities related thereto, including land and any rights or undivided interest therein, easements, franchises, water rights, fees, permits, approvals, licenses and certificates and the securing of such franchises, permits, approvals, licenses and certificates and the preparation of applications therefor; all machinery, equipment, initial fuel and other supplies required for such project; financing charges, interest prior to and during construction and during such additional period as the Authority may reasonably determine to be necessary for the placing of such project in operation; costs of engineering architectural and legal services; fees paid to fiscal agents for financial and other advice or supervision; cost of plans and specifications and all expenses necessary or incidental to the construction, pur-

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chase or acquisition of the completed project or to determining the feasibility or practicability of the project; administrative expenses and such other expenses as may be necessary or incidental to the financing herein authorized. There may also be included, as part of such cost of project, the repayment of any loans made for the advance payment of any part of such cost, including the interest thereon at rates to be determined by the Authority, which loans are hereby authorized if made payable solely from the proceeds of such Authority's bonds or notes or revenues to be received in connection with the leasing, sale, or financing of the project. The cost of any project may also include a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, and such other reserves as may be reasonably required by the Authority with respect to the financing and operation of its projects and as may be authorized by any bond resolution or trust agreement or indenture pursuant to the provisions of which the issuance of any such bonds may be authorized. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds or notes issued.
(d) The terms `revenue bonds' and `bonds' shall mean any bonds of the Authority which are hereunder authorized to be issued, including refunding bonds, as though such revenue bonds had originally been authorized to be issued under the provisions of the Revenue Bond Law (Ga. Laws 1957, p. 36, et seq., as amended) amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. Laws 1937, p. 761, et seq., as amended) and in addition shall also mean any obligations of the Authority, the issuance of which are hereinafter specifically provided for.
(e) Any project or combination of projects shall be deemed `self-liquidating' if, in the judgment of the Authority the revenues and earnings to be derived by the Authority therefrom, including, but not limited to, any revenues derived from the City of Hapeville or other political subdivision under any contracts with the Authority, will be sufficient to pay the cost of operating, repairing and maintaining the project to pay the principal and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project, projects, or combination of projects.

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5. Powers. The Authority shall have the powers: (a) To adopt and alter a corporate seal;
(b) To acquire by purchase, lease or otherwise, and to hold, lease and dispose of real and personal property of every kind and character for its corporate purposes;
`(c) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation, upon the approval of the Mayor and Council of the City of Hapeville, and in accordance with the provisions of any and all laws applicable to the condemnation of property for public use, real property, or rights or easements therein, or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make 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 the provisions hereof, except from the funds provided under the authority hereof, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceedings as may be just to the Authority and to the owners of the property to be condemned; and no property shall be acquired under the provisions hereof upon which any lien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or encumbrance;
(d) To appoint, select and employ officers, agents and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their respective compensations;
(e) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and to contract with the City of Hapeville and with the State of Georgia and any departments, institutions, agencies, counties, municipalities or political subdivisions of the State of Georgia, public corporations and with others upon such terms and for such purposes as may be deemed advisable for a term not exceeding fifty years; and the City of Hapeville is hereby authorized to enter into contracts and related

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agreements for the use by the City of Hapeville or the residents hereof of any project, structure, building or facility or a combination of two or more projects, structures, buildings or facilities of the Authority for a term not exceeding fifty years; and said City shall be and the same is hereby specifically authorized to levy taxes, without limitation as to rate or amount, and to expend tax monies of the City and any other available funds and to obligate said City to make payment thereof to the Authority upon such terms as may be provided in any contract entered into by and between the Authority and the City of Hapeville, in order to enable the Authority to pay the principal of and interest on any of its bonds as same mature and to create and maintain a reserve for that purpose and also to enable the Authority to pay the cost of maintaining, repairing and operating the property or facilities so furnished by said Authority;
(f) To acquire, construct, own, repair, add to, extend, improve, equip, operate, maintain and manage projects, as hereinabove defined, 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 or contribution from the United States of America or any agency or instrumentality thereof or from the State of Georgia or any agency or instrumentality thereof;
(g) To accept loans and/or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may require;
(h) To accept loans and/or grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may require;
(i) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof;
(j) To exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitution and laws of this State; and

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(k) To do all things necessary or convenient to carry out the powers expressly given hereunder.
6. Revenue Bonds. The Authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized to provide by resolution for the issuance of negotiable revenue bonds, subject to the approval by the Mayor and Council of the City of Hapeville, for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal of and interest on such revenue bonds shall be payable solely from the special funds herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates per annum, payable at such time or times, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of the bonds.
7. Same; Form; Denomination; Registration; Place of 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 the principal thereof and the interest thereon, which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered forms, or both, as the Authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest.
8. Same; Signature; Seal. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until such delivery. All such bonds shall be signed by the Chairman of the Authority and the official seal of the Authority shall be affixed thereto and attested by the Secretary-Treasurer of the Authority. Either of such signatures on any coupons may be by facsimile signature of the Chairman and Secretary-Treasurer of the

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Authority in accordance with the provision of applicable law. Any bond may be signed, sealed and attested on behalf of the Authority by such persons as the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office.
9. Same; Negotiability. All revenue bonds issued under the provisions of this Act shall have and are hereby declared to be negotiable under the Laws of this State, subject to provisions for registration.
10. Same; Sale; Proceeds of Bonds. The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the Authority and the proceeds derived from the sale of such bonds shall be used solely for the purpose provided in the proceedings authorizing the issuance of such bonds.
11. Same; Interim Receipts and Certificates or Temporary Bonds. Prior to the preparation of definitive bonds, the Authority may, under like restrictions, issue interim receipts, interim certificates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter.
12. Same; Replacement of Lost or Mutilated Bonds. The Authority may also provide for the replacement of any bonds or coupons which shall become mutilated or be destroyed or lost.
13. Same; Conditions Precedent to Issuance. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions and things which are specified or required hereunder. Any resolution, providing for the issuance of revenue bonds under the provisions hereof shall become effective immediately upon its passage and need not be published or posed, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority.
14. Same; Credit not Pledged and Debt not Created. Revenue bonds issued by the Authority hereunder shall not be deemed to constitute a debt of the City of Hapeville, nor of the State of Georgia or any municipality, county, authority, instrumentality or political

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subdivision of the State of Georgia, which may contract with such Authority.
15. Same; Trust Indentures as Security. In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the State. Such trust indenture may pledge or assign fees, tolls, revenues and earnings to be received by the Authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair and insuring of the project, and the custody, safeguarding and application of all monies; and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Authority, and satisfactory to the original purchasers of the bonds; and may also require that the security given by contractors and by any depositary of the proceeds of the bonds or revenues or other monies be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State or any other State or the United States to act as such depositary and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture.
16. To Whom Proceeds Shall bej'aid. The Authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale

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of bonds to any officer or person who, or any agency, bank or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as such resolutions or trust indentures may provide.
17. Sinking Fund. The revenues, fees, tolls and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the Authority to the payment of the principal of and interest on revenue bonds of the Authority, as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds, so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund, which said sinking fund shall be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agents for paying principal and interest and other investment charges, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds, or in the trust indenture, any surplus monies in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued.
18. Remedies of Bondholders. Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by a 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

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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 Act or by such resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished.
19. Funding and Refunding Bonds. The Authority is hereby authorized to provide by resolution, subject to the approval of the Mayor and Council of the City of Hapeville, for the issuance of bonds of the Authority for the purpose of funding or refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon and premium, if any. The issuance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions of this Act insofar as the same may be applicable.
20. Venue and Jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such Authority shall be brought in the Superior Court of Fulton County, Georgia, and any action pertaining to the validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions.
21. Validation. Bonds of the Authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law, as amended, or as the same may be hereafter amended. The petition or validation shall also make a party defendant to such action any municipality, county, authority, political subdivision or instrumentality of the State of Georgia which has contracted with the Authority for the services and facilities of the project for which bonds are to be issued and sought to be validated and any such municipality, county, authority, political subdivisions or instrumentality shall be required to show cause, if any exist, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the contract or contracts adjudicated as a part of the basis of the security for the payment of any such bonds of the Authority. The bonds, then validated, and the

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judgment of validation shall be final and conclusive with respect to such bonds and the security for the payment thereof and interest thereon and against the Authority issuing the same, and any municipality, county, authority, political subdivision or instrumentality, if a party to the validation proceedings, contracting with the said Authority.
22. Interest of Bondholders Protected. While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds.
23. Monies Received Considered Trust Funds. All monies received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, income, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.
24. Rates, Charges and Revenues; Use. The Authority is hereby authorized to prescribe and fix rents and rates and to revise same from time to time and to collect payments, fees, tolls and charges on each project or for the services, facilities and commodities furnished; and in anticipation of the collection of the revenues of such undertakings or projects, to issue revenue bonds as herein provided to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment or extension of its undertakings or projects; and to pledge to the punctual payment of said bonds, and interest thereon, all or any part of the revenues of such undertakings or projects, including the revenues of improvements, betterments or extensions thereto thereafter made.
25. Rules and Regulations for Operation of Projects. It shall be the duty of the Authority to prescribe rules and regulations for the operation of the project or projects constructed under the provisions hereof, including the basis on which services and facilities, or both, shall be furnished.
26. Governmental Function. It is hereby declared that the Authority is created for a public purpose and will be performing an essential governmental function in the exercise of the powers conferred upon it hereunder in the development and promotion of civic

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and cultural growth, public welfare, trade, commerce, education, amusement, recreation or to alleviate traffic congestion in the City of Hapeville and thereby better protect the lives and property of its residents and others using its streets.
27. Immunity From Tort Actions. The Authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia and the officers, agents and employees of the Authority, when in the performance of the work of the Authority, shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia. The Authority may be sued in the same manner as private corporations may be sued on any contractual obligations to the Authority.
28. Property Subject to Levy and Sale. The property of the Authority shall not be subject to levy and sale under legal process except such property, revenue, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, revenue, funds or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation.
29. Construction. This amendment and all provisions, rights, powers and authority granted hereunder shall be effective, notwithstanding any other provision of the Constitution to the contrary, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of its purposes.
30. Special Tax Districts. The City of Hapeville, shall be empowered and authorized to create special tax districts within the City of Hapeville upon the areas of any projects for redevelopment or development that said Authority may determine, and to levy and collect taxes within said districts based on values of real property fixed by the tax digest of the City of Hapeville to meet, pay for and retire any and all financial obligations of the Authority, its bonds and/or revenue certificates, and may pledge said revenue, and to levy and collect taxes within said districts for the retirement of said financial obligations. No such special taxes shall be levied by the City of Hapeville for any purpose against property used exclusively for residential purposes within any such tax district.

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31. Effective Date. This amendment shall be effective immediately upon proclamation of its ratification by the Governor.
32. General Assembly. This amendment is self-enacting and does not require any enabling legislation for it to become effective. However, the General Assembly may, by law, further define and prescribe the powers and duties of the Authority and the exercise thereof and may enlarge and restrict the same and may, likewise, further regulate the management and conduct of the Authority not inconsistent with any other provisions of this Constitution. The Authority shall be an instrumentality of the State of Georgia, and the scope of its operation shall be limited to the territory embraced within the corporate limits of the City of Hapeville as the same now or may hereafter exist."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to create the Hapeville Development Authority and to provide for the powers, duties, and respon-
[ .] NO sibilities of said Authority; and to authorize the City of Hapeville to contract with said Authority, to create special tax districts and levy taxes therein, and to levy taxes within the municipality and expend the same as payments pursuant to contractual agreements which may arise between the City of Hapeville and said Authority?";
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

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COLLEGE PARK BUSINESS AND INDUSTRIAL DEVELOPMENT AUTHORITY.
Proposed Amendment to the Constitution.
No. 168 (Senate Resolution No. 348).
A RESOLUTION
Proposing an amendment to the Constitution of the State of Georgia so as to create the College Park Business and Industrial Development Authority; to provide for the powers, authority and duty of such Authority; to authorize the Authority to issue its revenue bonds, and to provide for the method and manner of such issuance and for validation thereof; to authorize the Authority to contract with the City of College Park and with the State of Georgia and any departments, institutions, agencies, municipalities, counties or political subdivisions of the State of Georgia, public corporations and others; to authorize the City of College Park to contract with the Authority for the use by the City of College Park or the residents thereof of any facilities or services of the Authority, and to authorize said city to create special tax districts and to levy taxes and to expend tax monies from said tax districts as well as tax funds of the city and other available funds of the city and to authorize the city to make payment thereof to the Authority upon such terms as may be provided in any contract entered into by and between the Authority and the City of College Park; to authorize the establishment of such rules and regulations and procedures as are necessary to accomplish the lawful purpose of said Authority; to provide for submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA;
Section 1. Article IX, Section IV, Paragraph II of the Constitution of the State of Georgia is hereby amended by adding at the end thereof the following;

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"COLLEGE PARK BUSINESS AND INDUSTRIAL DEVELOPMENT AUTHORITY
1. Creation. There is hereby created a body, corporate and politic to be known as the College Park Business and Industrial Development Authority which shall be deemed to be an instrumentality and political subdivision of the State of Georgia and a public corporation thereof 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.
2. Purpose. The said Authority is created for the purpose of acquiring, constructing, adding to, extending, improving, equipping, maintaining, and operating public projects, public buildings and other public facilities, parking lots or garages and other parking structures and any and all other facilities useful or desirable in connection therewith, acquiring the necessary property therefor, both real and personal, with the right to contract for the use of or to lease or sell any or all of such facilities, including real property, and to do any and all things deemed by the authority necessary, convenient or desirable for and incident to the efficient and proper development and operation thereof, and to attain development and promote for the public good, general welfare, trade commerce, industry and employment opportunities and to promote the general welfare of the community, same is vested with authority to ascertain and designate areas it deems proper to be blighted, retarded or slum areas which constitute a serious and growing menace injurious to the public health, safety, morals and welfare of the residents of the City of College Park; the existence of such areas constitutes substantially and increasingly to the spread of disease, crime and constitutes increasingly an economic and social liability, substantially impairs or arrests the sound growth of the municipality, retards the provision of housing for commercial accommodations, aggravates traffic problems and substantially impairs or arrests the elimination of traffic hazards and the improvement of traffic facilities; and the prevention and elimination of such areas is a matter of State and local policy and State and local concern in order that the State and its political subdivisions shall not continue to be endangered by areas which are focal centers of economic and social liability, and while contributing little to the tax income of the State and its municipalities, consume an excessive proportion of its revenue because of the extra services required for police, fire, accident, hospitalization

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and other forms of public protection, services and facilities; in order to alleviate the aforesaid problems and to accomplish the aforestated purpose, the Authority shall be vested with such powers as are necessary to accomplish same by acquisition, clearance and disposition subject to use restrictions of property, both real and personal, since the prevailing condition of decay may make impractical the reclamation of the area by conservation or rehabilitation; some areas or portions thereof may be susceptible to conservation or rehabilitation in such a manner that the conditions and evils hereinabove enumerated may be eliminated or remedied or prevented and to the extent feasible, savable areas should be conserved and rehabilitated through voluntary private action and regulatory processes; and the Authority may do any and all things deemed by such Authority necessary, convenient or desirable for and incident to the efficient proper development and operation thereof.
3. Membership. The Authority shall consist of seven (7) members, one of whom shall be the Mayor of the City of College Park, Georgia, or his designated member from the City Council of the City of College Park.
(a) Qualifications. All persons who have resided within the limits of the City of College Park for at least six months shall be eligible for nomination to membership on the Authority.
(b) Composition and Appointments. The remaining six positions for membership in the Authority shall be comprised as follows; The six positions shall be filled by resolution of the Mayor and Council of College Park. The Mayor of the City of College Park or his designee shall serve during the term of office for which he was elected. The Chairman of the Authority shall be selected by a majority of its members at the first annual meeting of each calendar year. The members of the Authority shall serve four (4) year staggered terms as follows; For the initial membership of the Authority, of the six (6) positions filled by resolution of the Mayor and Council of College Park one position shall be filled for a one-year term, two positions shall be filled for two-year terms, two positions shall be filled for threeyear terms and one position for a four-year term. Thereafter, upon completion of a term for appointment, each successor shall be appointed for a four-year term and until their successors have been selected and appointed. Any member of the Authority may

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be selected and appointed to succeed himself. All appointments shall be for a term commencing on January 1 and ending December 31. The members of the Authority shall enter upon their duties immediately after such appointment. The Authority shall elect one of its members to serve as Vice Chairman who shall be elected for a term of one year or until his successor is selected and qualified and annually thereafter the Authority shall select one of its members in the same manner for a one-year term. The Authority shall also select a Secretary-Treasurer which Secretary-Treasurer need not necessarily be a member of the Authority and, if not a member, he or she shall have no voting rights and said Secretary-Treasurer shall be elected to serve at the pleasure of the Authority. No member of the Authority shall hold more than one office except that of Secretary-Treasurer. Four members of the Authority shall constitute a quorum. A majority of the members shall be empowered to exercise the rights and perform all the duties of the Authority and no vacancies on the Authority shall impair the right of the quorum to act. In the event of a vacancy on the Authority through death, resignation or otherwise, the same shall be filled for the unexpired term of the member ceasing to be a member of such Authority for any reason in the same manner that such member originally became a member of the Authority. The Authority shall make rules and regulations for its own government. It shall have perpetual existence. In the event the number of members of the Authority or the qualifications of the membership or the manner in which the members of the Authority shall be selected shall ever be the subject of change, the same may be accomplished by an Act of the General Assembly, except that the General Assembly may not alter the term of office of any duly appointed member then serving.
4. Definitions. As used herein the following words and terms shall have the following meanings:
(a) The word `Authority' shall mean the College Park Business and Industrial Development Authority herein created.
(b) The word `Project' shall be deemed to mean and include the acquisition, construction, leasing or equipping of new industrial, commercial, business, trade or public facilities or the improvement, modification, acquisition, expansion, moderni-

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zation, leasing, equipping, or remodeling of existing industrial, commercial, business, trade, or public facilities located or to be located within the City of College Park, including, but not limited to one or more buildings or structures to be used in the production, manufacturing, processing, assembling, storing or handling of any agricultural, manufactured, mining or industrial product, or any combination of the foregoing; one or more buildings or structures or property useful or necessary in the transportation of persons or property; one or more buildings or structures or property to be used, maintained and operated as a multi-use coliseum and civic center type facilities to be used for athletic contests, games, meetings, trade fairs, expositions, political conventions, agricultural events, theatrical and musical performances and all other public entertainments permitted by law, and the usual facilities related thereto, including, without limitation, refreshment stands and restaurants; one or more buildings or structures or property useful or necessary in the accommodations of people, including but without limitation, any hotel, motel, motor inn, lodging house, lodge or any combination thereof; and parking facilities or parking areas in connection with any of the above or combination thereof, including but not limited to related buildings and the usual and convenient facilities appertaining to such undertakings, and extensions and improvements of such facilities.
(c) The term `cost of project' shall include: all costs of construction, purchase or other form of acquisition; all costs of real or personal property required for the purposes of such project and of all facilities related thereto, including land and any rights or undivided interest therein, easements, franchises, water rights, fees, permits, approvals, licenses and certificates and the securing of such franchises, permits, approvals, licenses and certificates and the preparation of applications therefor; all machinery, equipment, initial fuel and other supplies required for such project; financing charges, interest prior to and during construction and during such additional period as the Authority may reasonably determine to be necessary for the placing of such project in operation; costs of engineering architectural and legal services; fees paid to fiscal agents for financial and other advise or supervision; cost of plans and specifications and all expenses necessary or incidental to the construction, purchase or acquisition of the completed project or to determining the feasibility or

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practicability of the project; administrative expenses and such other expenses as may be necessary or incidental to the financing herein authorized. There may also be included, as part of such cost of project, the repayment of any loans made for the advance payment of any part of such cost, including the interest thereon at rates to be determined by the Authority, which loans are hereby authorized if made payable solely from the proceeds of such Authority's bonds or notes or revenues to be received in connection with the leasing sale or financing of the project. The cost of any project may also include a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, and such other reserves as may be reasonably required by the Authority with respect to the financing and operation of its projects and as may be authorized by any bond resolution or trust agreement or indenture pursuant to the provisions of which the issuance of any such bonds may be authorized. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds or notes issued.
(d) The terms `revenue bonds' and `bonds' shall mean any bonds of the Authority which are hereunder authorized to be issued, including refunding bonds, as though such revenue bonds had originally been authorized to be issued under the provisions of the Revenue Bond Law (Ga. Laws 1957, p. 36, et seq., as amended) amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. Laws 1937, p. 761, et seq., as amended) and in addition shall also mean any obligations of the Authority, the issuance of which are hereinafter specifically provided for.
(e) Any project or combination of projects shall be deemed `self-liquidating' if, in the judgment of the Authority the revenues and earnings to be derived by the Authority therefrom, including, but not limited to, any revenues derived from the City of College Park or other political subdivision under any contracts with the Authority, will be sufficient to pay the cost of operating, repairing and maintaining the project to pay the principal and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project, projects, or combination of projects.

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5. Powers. The Authority shall have the powers:
(a) To adopt and alter a corporate seal;
(b) To acquire by purchase, lease or otherwise, and to hold, lease and dispose of real and personal property of every kind and character for its corporate purposes;
(c) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation upon the approval of the Mayor and Council of the City of College Park and in accordance with the provisions of any and all laws applicable to the condemnation of property for public use, real property, or rights or easements therein, or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make 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 the provisions hereof, except from the funds provided under the authority hereof, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceedings as may be just to the Authority and to the owners of the property to be condemned; and no property shall be acquired under the provisions hereof upon which any lien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or encumbrance;
(d) To appoint, select and employ officers, agents and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their respective compensations;
(e) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and to contract with the City of College Park and with the State of Georgia and any departments, institutions, agencies, counties, municipalities or political subdivisions of the State of Georgia,

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public corporations and with others upon such terms and for such purposes as may be deemed advisable for a term not exceeding fifty years; and the City of College Park is hereby authorized to enter into contracts and related agreements for the use by the City of College Park or the residents hereof of any project, structure, building or facility or a combination of two or more projects, structures, buildings or facilities of the Authority for a term not exceeding fifty years; and said City shall be and the same is hereby specifically authorized to levy taxes, without limitation as to rate or amount, and to expend tax monies of the City and any other available funds and to obligate said City to make payment thereof to the Authority upon such terms as may be provided in any contract entered into by and between the Authority and the City of College Park, in order to enable the Authority to pay the principal of and interest on any of its bonds as same mature and to create and maintain a reserve for that purpose and also to enable the Authority to pay the cost of maintaining, repairing and operating the property or facilities so furnished by said Authority;
(f) To acquire, construct, own, repair, add to, extend, improve, equip, operate, maintain and manage projects, as hereinabove defined, 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 or contribution from the United States of America or any agency or instrumentality thereof or from the State of Georgia or any agency or instrumentality thereof;
(g) To accept loans and/or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may require;
(h) To accept loans and/or grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may require;

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(i) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof;
(j) To exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitution and laws of this State; and
(k) To do all things necessary or convenient to carry out the powers expressly given hereunder.
6. Revenue Bonds. The Authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized to provide by resolution for the issuance of negotiable revenue bonds, subject to the approval by the Mayor and Council of the City of College Park, for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal of and interest on such revenue bonds shall be payable solely from the special funds herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates per annum, payable at such time or times, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of the bonds.
7. Same; Form; Denomination; Registration; Place of 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 the principal thereof and the interest thereon, which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered forms, or both, as the Authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest.

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8. Same; Signature; Seal. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until such delivery. All such bonds shall be signed by the Chairman of the Authority and the official seal of the Authority shall be affixed thereto and attested by the Secretary-Treasurer of the Authority. Either of such signatures on any coupons may be by facsimile signature of the Chairman and Secretary-Treasurer of the Authority in accordance with the provision of applicable law. Any bond may be signed, sealed and attested on behalf of the Authority by such persons as the actual time of the execution of such bonds shall be duly authorized or hold the proper office; although at the date of such bonds such persons may not have been so authorized or shall not have held such office.
9. Same; Negotiability. All revenue bonds issued under the provisions of this Act shall have and are hereby declared to be negotiable under the Laws of this State subject to provisions for registration.
10. Same; Sale; Proceeds of Bonds. The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the Authority and the proceeds derived from the sale of such bonds shall be used solely for the purpose provided in the proceedings authorizing the issuance of such bonds.
11. Same; Interim Receipts and Certificates or Temporary Bonds. Prior to the preparation of definitive bonds, the Authority may, under like restrictions, issue interim receipts, interim certificates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter.
12. Same; Replacement of Lost or Mutilated Bonds. The Authority may also provide for the replacement of any bonds or coupons which shall become mutilated or be destroyed or lost.
13. Same; Conditions Precedent to Issuance. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions and things which are specified or required hereunder.

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Any resolution, providing for the issuance of revenue bonds under the provisions hereof shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority.
14. Same; Credit not Pledged and Debt not Created. Revenue bonds issued by the Authority hereunder shall not be deemed to constitute a debt of the City of College Park, nor of the State of Georgia or any municipality, county, authority, instrumentality or political subdivision of the State of Georgia, which may contract with such Authority.
15. Same; Trust Indentures as Security. In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the State. Such trust indenture may pledge or assign fees, tolls, revenues and earnings to be received by the Authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair and insuring of the project, and the custody, safeguarding and application of all monies; and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Authority, and satisfactory to the original purchasers of the bonds; and may also require that the security given by contractors and by any depositary of the proceeds of the bonds or revenues or other monies be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State or any other State or the United States to act as such depositary and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust indentures securing

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bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture.
16. To Whom Proceeds Shall be Paid. The Authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of bonds to any officer or person who, or any agency, bank or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as such resolutions or trust indentures may provide.
17. Sinking Fund. The revenues, fees, tolls and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the Authority to the payment of the principal of and interest on revenue bonds of the Authority, as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds, so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund, which said sinking fund shall be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agents for paying principal and interest and other investment charges, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds, or in the trust indenture, any surplus monies in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds

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so purchased or redeemed shall forthwith be cancelled and shall not again be issued.
18. Remedies of Bondholders. Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for tbe use of the facilities and services furnished.
19. Funding and Refunding Bonds. The Authority is hereby authorized to provide by resolution, subject to the approval of the Mayor and Council of the City of College Park, for the issuance of bonds of the Authority for the purpose of funding or refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon and premium, if any. The issuance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions of this Act insofar as the same may be applicable.
20. Venue and Jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such Authority shall be brought in the Superior Court of Fulton County, Georgia, and any action pertaining to the validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions.
21. Validation. Bonds of the Authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law, as amended, or as some may be hereafter amended. The petition or validation shall also make a party defendant to such action

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any municipality, county, authority, political subdivision or instrumentality of the State of Georgia which has contracted with the Authority for the services and facilities of the project for which bonds are to be issued and sought to be validated and any such municipality, county, authority, political subdivisions or instrumentality shall be required to show cause, if any exist, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the contract or contracts adjudicated as a part of the basis of the security for the payment of any such bonds of the Authority. The bonds, then validated, and the judgment of validation shall be final and conclusive with respect to such bonds and the security for the payment thereof and interest thereon and against the Authority issuing the same, and any municipality, county, authority, political subdivision or instrumentality, if a party to the validation proceedings, contracting with the said Authority.
22. Interest of Bondholders Protected. While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds.
23. Monies Received Considered Trust Funds. All monies received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, income, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.
24. Rates, Charges and Revenues; Use. The Authority is hereby authorized to prescribe and fix rents and rates and to revise same from time to time and to collect payments, fees, tolls and charges on each project or for the services, facilities and commodities furnished; and in anticipation of the collection of the revenues of such undertakings or projects, to issue revenue bonds as herein provided to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment or extension of its undertakings or projects; and to pledge to the punctual payment of said bonds, and interest thereon, all or any part of the revenues of such undertakings or projects, including the revenues of improvements, betterments or extensions thereto thereafter made.

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25. Rules and Regulations for Operation of Projects. It shall be the duty of the Authority to prescribe rules and regulations for the operation of the project or projects constructed under the provisions hereof, including the basis on which services and facilities, or both, shall be furnished.
26. Governmental Function. It is hereby declared that the Authority is created for a public purpose and will be performing an essential governmental function in the exercise of the powers conferred upon it hereunder in the development and promotion of civic and cultural growth, public welfare, trade, commerce, education, amusement, recreation or to alleviate traffic congestion in the City of College Park and thereby better protect the lives and property of its residents and others using its streets.
27. Immunity From Tort Actions. The Authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia and the officers, agents and employees of the Authority, when in the performance of the work of the Authority, shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia. The Authority may be sued in the same manner as private corporations may be sued on any contractual obligations to the Authority.
28. Property Subject to Levy and Sale. The property of the Authority shall not be subject to levy and sale under legal process except such property, revenue, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, revenue, funds or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation.
29. Construction. This amendment and all provisions, rights, powers and authority granted hereunder shall be effective, notwithstanding any other provision of the Constitution to the contrary, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of its purposes.
30. Special Tax Districts. The City of College Park shall be empowered and authorized to create special tax districts within the

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City of College Park upon the areas of any projects for redevelopment or development that said Authority may determine, and to levy and collect taxes within said districts based on values of real property fixed by the tax digest of the City of College Park to meet, pay for and retire any and all financial obligations of the Authority, its bonds and/or revenue certificates, and may pledge said revenue, and to levy and collect taxes within said districts for the retirement of said financial obligations. No such special taxes shall be levied by the City of College Park for any purpose against property used exclusively for residential purposes within any such tax district.
31. Effective Date. This amendment shall be effective immediately upon proclamation of its ratification by the Governor.
32. General Assembly. This amendment is self-enacting and does not require any enabling legislation for it to become effective. However, the General Assembly may, by law, further define and prescribe the powers and duties of the Authority and the exercise thereof and may enlarge and restrict the same and may, likewise, further regulate the management and conduct of the Authority not inconsistent with any other provisions of this Constitution. The Authority shall be an instrumentality of the State of Georgia, and the scope of its operation shall be limited to the territory embraced within the corporate limits of the City of College Park, Georgia, as the same now or may hereafter exist."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to create the College Park Business and Industrial Development Authority and to provide for the
[ ] NO powers, authority and duties of such Authority, and to authorize the Authority to issue revenue bonds, and to authorize the Authority to contract with the State of Georgia or any of its

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departments or instrumentalities, public corporations and others and to authorize the City of College Park to contract with the Authority and to authorize the City of College Park to make payments to the Authority upon such terms as may be provided in any contract entered into between the Authority and the City of College Park and to authorize the City of College Park to create special business and industrial tax districts?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

GEORGIA FIREMEN'S PENSION FUND.
Proposed Amendment to the Constitution.
No. 169 (House Resolution No. 41-124).
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the increase of retirement or other benefits of retired persons who have retired or who retire in the future pursuant to the Georgia Firemen's Pension Fund; to provide that no formerly retired person shall receive any greater benefits than those benefits provided by law to be received upon retirement by members of the Fund who have not retired; to provide

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for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article X, Section I, Paragraph V of the Constitution is hereby amended by adding at the end thereof a new subparagraph (d) to read as follows:
"(d) Any other provisions of this Constitution to the contrary notwithstanding, the General Assembly is hereby authorized to provide by law, from time to time, for the increase of retirement or pension benefits of retired persons who have retired or who retire in the future pursuant to the Georgia Firemen's Pension Fund or any similar fund or system heretofore or hereafter created by law. No formerly retired person shall receive any greater benefits than those benefits provided by law to be received upon retirement by members of the Fund who have not retired. The funds necessary to provide for such increases in benefits shall come from funds otherwise provided for the operation of the Georgia Firemen's Pension Fund or from such other public funds as the General Assembly shall direct."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"[ ] YES Shall the Constitution be amended so as to authorize the General Assembly to provide by law for the increase of retirement or other
[ ] NO benefits of retired persons who have retired or who retire in the future pursuant to the Georgia Firemen's Pension Fund and to provide that no formerly retired person shall receive any greater benefits than those benefits provided by law to

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be received upon retirement by members of the Fund who have not retired?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

REDEVELOPMENT POWERS TO COUNTIES AND MUNICIPALITIES.
Proposed Amendment to the Constitution.
No. 170 (House Resolution No. 313-1031).
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for granting additional powers to counties or municipalities, or both, to allow such political subdivisions to establish and maintain more effective redevelopment programs and to provide for other matters relative thereto; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article IX, Section IV of the Constitution is hereby amended by adding at the end thereof a new Paragraph V to read as follows:
"Paragraph V. Additional Redevelopment Powers, (a) It is the purpose of this Paragraph to authorize the General Assembly to

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grant additional powers to counties or municipalities or both in order for such counties, within the unincorporated areas thereof, or such municipalities within their corporate limits, to maintain and establish more effective redevelopment programs.
(b) Subject to such procedures, requirements and limitations as may be provided by such law, including, but not limited to, defining the terms `redevelopment,' `redevelopment program,' and `redevelopment area,' the General Assembly, only by general law, is hereby authorized to grant to counties or municipalities or both any one or more of the following powers:
(1) The power to grant exemptions from State, county or municipal ad valorem taxation on property located within a redevelopment area or to provide tax incentives affecting such taxation, or the rate thereof, on property located within a redevelopment area. Any such tax exemptions or tax incentives may apply to ad valorem taxation for educational purposes but only with the consent of the county board of education, or, in the case of an independent school system, with the consent of the fiscal authority responsible for setting the ad valorem tax rate for educational purposes, whose ad valorem tax for educational purposes would be affected by such tax exemptions or tax incentives.
(2) The power to issue tax allocation bonds as a method of financing, in whole or in part, the costs of a redevelopment project. Tax allocation bonds are bonds issued on the basis of pledging increased ad valorem tax revenues or projected increased ad valorem tax revenues resulting from a redevelopment project or a projected redevelopment project for the repayment of such bonds. Tax allocation bonds shall not constitute debt within the meaning of Article IX, Section VII of this Constitution. The repayment of tax allocation bonds shall not affect ad valorem taxation for educational purposes unless the issuance of such bonds is approved by the county board of education or appropriate fiscal authority of an independent school system as provided in subparagraph (1) hereof relative to tax exemptions or tax incentives.
(3) The power to use, pledge or assign lease contracts or the revenue received from lease contracts on property owned by

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a county or municipality within a redevelopment area as security to obtain financing for redevelopment projects. In granting the authority provided by this subparagraph to counties or municipalities, the General Assembly may provide that any obligations incurred pursuant to such authority shall not constitute debt within the meaning of Article IX, Section VII of this Constitution.
(4) The power to enter into contracts with private persons, firms or corporations for redevelopment purposes.
(5) The power to create public corporations or to designate existing public corporations to serve as redevelopment agencies on behalf of counties or municipalities.
(c) No law enacted pursuant to the authority of this Paragraph shall authorize a municipality to take any action affecting county or county school district taxation or authorize a county to take any action affecting municipal taxation, including municipal taxation for educational purposes for those municipalities having an independent school system.
(d) Any law enacted pursuant to the authority of this Paragraph shall provide for the protection and preservation of historic properties and for the protection and preservation of clearly identifiable neighborhoods.
(e) The authority provided for the General Assembly by this Paragraph is hereby declared to be cumulative of any powers heretofore possessed by the General Assembly."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to authorize the General Assembly to provide
[ ] NO by general law for granting additional powers to counties or municipalities, or both, to allow such political subdivisions

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to establish and maintain more effective redevelopment programs, to provide for exemptions from state, county or municipal ad valorem taxation on property located within a redevelopment area, and to provide for other matters relative thereto?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

CITY OF MACON -- AD VALOREM TAXATION.
Proposed Amendment to the Constitution.
No. 171 (House Resolution No. 429-1103).
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize certain tax preferences to be granted from ad valorem taxes levied by the City of Macon with respect to the increased value of residential property revitalized or rehabilitated as part of a community development, redevelopment, or renewal project; to provide limitations; to provide for submission of this amendment for ratification or rejection; and for other purposes.

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BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding a new paragraph at the end thereof to read as follows:
"Subject to the conditions and limitations provided by local ordinance, the governing authority of the City of Macon may authorize the grant of preferential assessments for purposes of City of Macon ad valorem taxation on property which is revitalized or rehabilitated residential property. The rate of preferential assessment shall be specified by local ordinance but shall not be less than one-half the rate of assessment applicable to other residential property and shall apply only with respect to the increase in value resulting from the revitalization or rehabilitation. No preferential assessment shall be granted for a period in excess of five years, except that an individual may be granted a preferential assessment on the residence actually owned and occupied by him as a residence for a period of not more than ten years. As used in this paragraph, `revitalized or rehabilitated residential property' means residential property which has been revitalized or rehabilitated, or which is in the process of revitalization or rehabilitation, pursuant to a community development, redevelopment, or renewal program. For the purposes of this paragraph, an individual may be considered the owner of a residence if the individual may be lawfully granted a homestead exemption from ad valorem taxes on the residence as otherwise provided in this Paragraph IV."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to permit improved residential property within
[ ] NO a community development or renewal project to be assessed for City of Macon ad valorem taxation for a limited period of time at a tax

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which is less than the rate which applies to other property?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

AD VALOREM TAXATION EXEMPTIONS IN CERTAIN COUNTIES (600,000 OR MORE).
Proposed Amendment to the Constitution.
No. 172 (House Resolution No. 430-1103).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that certain property located within any county of this State having a population of 600,000 or more, according to the United States decennial census of 1970 or any future such census, which is owned by a nonprofit corporation organized for the primary purpose of encouraging cooperation between parents and teachers to promote the education and welfare of children and youth shall be exempted from all State, county, municipal, and school taxation, including such taxation to pay interest on and retire bonded indebtedness; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following paragraph:

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"Property located within any county of this State having a population of 600,000 or more, according to the United States decennial census of 1970 or any future such census, which is owned by a nonprofit corporation organized for the primary purpose of encouraging cooperation between parents and teachers to promote the education and welfare of children and youth and which is used by such nonprofit corporation primarily for its general headquarters shall be exempted by the General Assembly from all State, county, municipal, and school taxation, including such taxation to pay interest on and retire bonded indebtedness, notwithstanding the fact that such nonprofit corporation may derive income from fees or dues paid by persons, organizations, or associations to affiliate with such nonprofit corporation. This paragraph shall be effective for all taxable years beginning after December 31, 1980."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide that certain property located within any county of this State having a population of
[ ] NO 600,000 or more, according to the United States decennial census of 1970 or any future such census, which is owned by a nonprofit corporation organized for the primary purpose of encouraging cooperation between parents and teachers to promote the education and welfare of children and youth shall be exempted from all State, county, municipal, and school taxation, including such taxation to pay interest on and retire bonded indebtedness?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."

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

BIBB COUNTY - AD VALOREM TAXATION.
Proposed Amendment to the Constitution.
No. 173 (House Resolution No. 434-1103).
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize certain tax preferences to be granted from ad valorem taxes levied by Bibb County with respect to increased value of residential property revitalized or rehabilitated as part of a community development, redevelopment, or renewal project; to provide limitations; to provide for submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding a new paragraph at the end thereof to read as follows:
"Subject to the conditions and limitations provided by local ordinance, the governing authority of Bibb County may authorize the grant of preferential assessments for purposes of Bibb County ad valorem taxation on property which is revitalized or rehabilitated residential property. The rate of preferential assessment shall be specified by local ordinance but shall not be less than one-half the rate of assessment applicable to other residential property and shall apply only with respect to the increase in value resulting from the revitalization or rehabilitation. No preferential assessment shall be granted for a period in excess of five years, except that an individual

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may be granted a preferential assessment on the residence actually owned and occupied by him as a residence for a period of not more than ten years. As used in this paragraph, `revitalized or rehabilitated residential property' means residential property which has been revitalized or rehabilitated, or which is in the process of revitalization or rehabilitation, pursuant to a community development, redevelopment, or renewal program. For the purposes of this paragraph, an individual may be considered the owner of a residence if the individual may be lawfully granted a homestead exemption from ad valorem taxes on the residence as otherwise provided in this Paragraph IV."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to permit improved residential property within a community development or renewal project to
[ ] NO be assessed for Bibb County ad valorem taxation for a limited period of time at a tax rate which is less than the rate which applies to other property?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

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COBB COUNTY -- HOMESTEAD EXEMPTIONS.
Proposed Amendment to the Constitution.
No. 174 (House Resolution No. 460-1190).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for a homestead exemption of $12,000.00 from all Cobb County ad valorem taxes, including ad valorem taxes for the Cobb County school district, for residents of Cobb County who are disabled and who have a net income not exceeding $12,000.00 for the immediately preceding taxable year; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section E Article VII, Section I, Paragraph IV of the Constitution is hereby amended by striking from said paragraph the following:
"Any other provisions of this Constitution to the contrary notwithstanding, each resident of Cobb County who is disabled is hereby granted an exemption from all Cobb County ad valorem taxes, including ad valorem taxes for the Cobb County school district, in the amount of $6,000.00 on a homestead owned and occupied by him as a residence if his net income, together with the net income of his spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources, except as hereinafter provided, does not exceed $6,000.00 for the immediately preceding taxable year for income tax purposes. For the purposes of this paragraph, net income shall not include income received as retirement, survivor or disability benefits under the Federal Social Security Act or under any other public or private retirement, disability or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and his spouse under the Federal Social Security Act, and income from such sources in excess of such maximum amount shall be included as net income for the purposes of this paragraph. The value of the residence in excess of the above exempted amount shall

GEORGIA LAWS 1980 SESSION

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remain subject to taxation. In order to qualify for the exemption provided for herein, the person claiming such exemption shall be required to obtain a certificate from not less than one nor more than three physicians licensed to practice medicine under Code Chapter 84-9, relative to medical practitioners, of the Code of Georgia, as now or hereafter amended, certifying that such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Any such person shall not receive the benefits of such homestead exemption unless he, or through his agent, provides the Tax Commissioner of Cobb County with the certificates provided for herein and files an application with said Tax Commissioner giving 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 said Tax Commissioner to make a determination as to whether such person is entitled to such exemption. The Tax Commissioner shall provide the necessary 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, but after any such person has filed the proper application and certificates, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he make application and file said certificates thereafter for any year and the said exemption shall continue to be allowed to such person. It shall be the duty of any such person, however, to notify the Tax Commissioner in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The General Assembly may provide by law for the proper administration of this exemption, including penalties necessary therefor. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 1974.",
and inserting in lieu thereof the following paragraph:
"Any other provisions of this Constitution to the contrary notwithstanding, each resident of Cobb County who is disabled is hereby granted an exemption from all Cobb County ad valorem taxes, including ad valorem taxes for the Cobb County school district, in the amount of $12,000.00 on a homestead owned and occu-

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pied 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, except as hereinafter provided, does not exceed $12,000.00 for the immediately preceding taxable year for income tax purposes. For the purposes of this paragraph, net income shall not include income received as retirement, survivor or disability benefits under the Federal Social Security Act or under any other public or private retirement, disability or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and his spouse under the Federal Social Security Act, and income from such sources in excess of such maximum amount shall be included as net income for the purposes of this paragraph. The value of the residence in excess of the above exempted amount shall remain subject to taxation. In order to qualify for the exemption provided for herein, the person claiming such exemption shall be required to obtain a certificate from not less than one nor more than three physicians licensed to practice medicine under Code Chapter 84-9, relative to medical practitioners, of the Code of Georgia, as now or hereafter amended, certifying that such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Any such person shall not receive the benefits of such homestead exemption unless he, or through his agent, provides the Tax Commissioner of Cobb County with the certificates provided for herein and files an application with said Tax Commissioner giving 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 said Tax Commissioner to make a determination as to whether such person is entitled to such exemption. The Tax Commissioner shall provide the necessary 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, but after any such person has filed the proper application and certifi-
cates, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he make application and file said certificates thereafter for any year and the said exemption shall continue to be allowed to such person. It shall be the duty of any such person, however, to notify the Tax Commissioner in the

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event he becomes ineligible for any reason for the exemption provided in this paragraph. The General Assembly may provide by law for the proper administration of this exemption, including penalties necessary therefor. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 1980."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide for a homestead exemption of $12,000.00 from all Cobb County ad valorem
[ ] NO taxes, including ad valorem taxes for the Cobb County school district, for residents of Cobb County who are disabled and who have a net income not exceeding $12,000.00 for the immediately preceding taxable year?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

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CITY OF DORAVILLE - HOMESTEAD EXEMPTIONS.
Proposed Amendment to the Constitution.
No. 175 (House Resolution No. 470-1232).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for a homestead exemption for residents of the City of Doraville in an amount to be fixed by the governing authority of the city at not more than $20,000.00 from all ad valorem taxes levied and collected by the city; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following paragraph:
"The governing authority of the City of Doraville may grant an exemption from city ad valorem taxes on a homestead owned and occupied by a resident of the city as a residence and homestead, and only so long as actually occupied by the owner primarily as such, in an amount to be fixed by the governing authority at not more than $20,000.00 of its value. The governing authority of the city may by ordinance provide the procedures and requirements necessary for the proper administration of this exemption. The exemption granted to the homestead within this paragraph shall extend to and shall apply to those properties, the legal title to which is vested in one or more titleholders, if actually occupied by one or more such owners as a residence. In such instances, such exemptions shall be granted to such properties, if claimed in the manner required by the city by one or more of the owners actually residing on such property. Such exemptions shall also extend to those homesteads, the title to which is vested in an administrator, executor, or trustee, if one or more of the heirs or cestui que uses residing on such property shall claim the exemption granted by this paragraph in the manner required by the city."

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Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide for a homestead exemption for residents
[ ] NO of the City of Doraville in an amount to be fixed by the governing authority of the city at not more than $20,000.00 from all ad valorem taxes levied and collected by the city?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

CIVIL PROCEDURE - JUDGMENTS WITHOUT JURY VERDICTS.
Proposed Amendment to the Constitution.
No. 176 (House Resolution No. 471-1232).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that a court shall render judgments without the intervention of a jury in certain actions ex delicto; to provide for submission of this amendment for ratification or rejection; and for other purposes.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VI, Section IV, Paragraph VII of the Constitution is hereby amended by striking therefrom the following:
", except actions ex delicto,",
so that when so amended Article VI, Section IV, Paragraph VII shall read as follows:
"Paragraph VII. Judgment of the Court. The Court shall render judgment without the verdict of a jury in all civil cases where no issuable defense is filed except as otherwise provided in this Constitution, and subject to the right of trial by jury on written demand of either party."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to permit the court, without a jury, to render
[ ] NO default judgments in tort actions?"

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

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

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2105

MERITORIOUS SERVICE, ETC. AWARDS BY COUNTIES AND MUNICIPALITIES.
Proposed Amendment to the Constitution.
No. 177 (House Resolution No. 472-1232).
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize any county or municipality of this State to establish an employees' suggestions and awards program to reward meritorious service and to authorize such political subdivisions to expend public funds for such purposes; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article IX, Section IV, Paragraph II of the Constitution is hereby amended by adding at the end thereof a new paragraph to read as follows:
"The governing authority of each county and municipality of this State is authorized to provide by ordinance or resolution for an employees' suggestions and awards program whereby the employees of any such political subdivision may be granted extra compensation or otherwise recognized and rewarded for meritorious service to such political subdivision or for making suggestions that contribute to the economy and efficiency of such political subdivision in carrying out its functions. As used herein, `employees' shall include any employees whose compensation is paid from the funds of the county or municipality establishing such suggestions and awards program. Any county or municipality shall be authorized to expend public funds to support any program established pursuant to the authority of this paragraph."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.

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The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to authorize any county or municipality of this
[ ] NO State to establish an employees' suggestions and awards program to reward meritorious service and to authorize such political subdivisions to expend public funds for such purposes?"

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

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

DeKALB COUNTY MEDICAL EXAMINER.
Proposed Amendment to the Constitution.
No. 178 (House Resolution No. 473-1238).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the abolition of the office of coroner of DeKalb County and the creation of the office of medical examiner of DeKalb County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article IX, Section I, Paragraph VII of the Constitution is hereby amended by adding at the end thereof the following:
"Notwithstanding any other provision of this Constitution to the contrary, the General Assembly may abolish the office of coroner of DeKalb County; may create in lieu thereof the office of medical examiner of DeKalb County; and may provide for the selection, term, qualifications, compensation and expenses, powers, duties, functions, and all other matters relating to such medical examiner all without respect to uniformity. The authority provided by this paragraph may be exercised by the General Assembly notwithstanding any general law heretofore or hereafter enacted dealing with the subject matter of this paragraph, and any local law adopted pursuant to the authority of this paragraph shall control the subject matter thereof as to DeKalb County, notwithstanding the provisions of any conflicting general law."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
.... "[ ] YES Shall the Constitution be amended so as to authorize the General Assembly to abolish the
WMl NO office of coroner of DeKalb County and create the office of medical examiner of DeKalb County?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

PURCHASE OF UNIFORMS USED BY PUBLIC SCHOOLS.
Proposed Amendment to the Constitution.
No. 179 (House Resolution No. 480-1260).
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to exercise the power of taxation over the entire state for the purpose of purchasing uniforms used by public schools; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section II, Paragraph I of the Constitution is hereby amended by inserting in paragraph 13 between the word "personnel" and the word "and" the following:
"and to purchase uniforms used by schools",
so that when so amended said paragraph 13 shall read as follows:
" 13. To pay the salaries of personnel and to purchase uniforms used by schools and to pay for the utilization of school facilities, including school buses, for extracurricular and interscholastic activities, including literary events, music, and athletic programs within individual schools and between schools in the same or in different school systems when such activities are sponsored by local boards of education as an integral part of the total school program."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.

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The ballot submitting the above proposed amendment shall have
"[ ] YES Shall the Constitution be amended so as to authorize the General Assembly to exercise the
] NO power of taxation over the entire state for the purpose of purchasing uniforms used by public schools?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

WAYNE COUNTY -- HOMESTEAD EXEMPTIONS.
Proposed Amendment to the Constitution.
No. 180 (House Resolution No. 510-1346).
A RESOLUTION
Proposing an amendment to the Constitution so as to increase the amount of the homestead of each resident of Wayne County, which is exempt from county taxes, from $2,000.00 to $5,000.00; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
RE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

"The homestead of each resident of Wayne County actually occupied by the owner as a residence and homestead, and only so long as actually occupied by the owner primarily as such, but riot to exceed $5,000.00 of its value, is hereby exempted from all ad valorem taxation for county purposes, except to pay interest on and retire bonded indebtedness. The value of all property in excess of the foregoing exemption shall remain subject to taxation. Said exemption shall be returned and claimed in such manner as prescribed by the General Assembly. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 1980."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ J YES Shall the Constitution be amended so as to increase the amount of the homestead of each
[ ] NO resident of Wayne County, which is exempt from county taxes, from $2,000.00 to $5,000.00?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

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APPLING COUNTY - HOMESTEAD EXEMPTIONS.
Proposed Amendment to the Constitution.
No. 181 (House Resolution No. 511-1346).
A RESOLUTION
Proposing an amendment to the Constitution so as to increase the amount of the homestead of each resident of Appling County, which is exempt from county taxes, from $2,000.00 to $10,000.00; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following:
"The homestead of each resident of Appling County actually occupied by the owner as a residence and homestead, and only so long as actually occupied by the owner primarily as such, but not to exceed $10,000.00 of its value, is hereby exempted from all ad valorem taxation for county purposes, except to pay interest on and retire bonded indebtedness. The value of all property in excess of the foregoing exemption shall remain subject to taxation. Said exemption shall be returned and claimed in such manner as prescribed by the General Assembly. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 1980."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ J' YES Shall the Constitution be amended so as to increase the amount of the homestead of each
[ ] NO resident of Appling County, which is exempt

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GENERAL ACTS AND RESOLUTIONS, VOL. I

from county taxes, from $2,000.00 to $10,000.00?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

CITY OF ATLANTA - OFF-STREET PARKING.
Proposed Amendment to the Constitution.
No. 182 (House Resolution No. 517-1361).
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the City of Atlanta to issue and sell revenue bonds subject to and in accordance with the terms and provisions of the Act of the General Assembly approved March 31, 1937, known as the "Revenue Bond Law of 1937," as amended and as the same may be hereafter amended, to provide funds for the purchase of lands and the construction and establishment thereon of off-street vehicle parking lots, parking structures, parking buildings, parking garages, and parking facilities and to authorize said City of Atlanta to equip, maintain, and operate such parking lots, parking structures, parking buildings, parking garages, and parking facilities; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section lJ Article IX, Section VIII, Paragraph I of the Constitution, relating to the issuance of revenue bonds, be and the same is hereby amended by adding at the end thereof the following:
"The City of Atlanta shall have power and authority to issue and sell revenue bonds subject to and in accordance with the terms and provisions of the Act of the General Assembly approved March 31, 1937, known as the `Revenue Bond Law of 1937,' as amended and as the same may be hereafter amended, to provide funds for the purchase of lands and the construction and establishment thereon of off-street vehicle parking lots, parking structures, parking buildings, parking garages, and parking facilities; provided, however, that such parking lots, parking structures, parking buildings, parking garages, and parking facilities shall be contiguous to, adjacent to, related to or incidental to municipally-owned buildings or structures. Said city shall have power and authority to equip, maintain, and operate such parking lots, parking structures, parking buildings, parking garages, and parking facilities."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to authorize the City of Atlanta to issue and sell
[ ] NO revenue bond for the purpose of constructing and maintaining off-street parking facilities?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendement shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
67

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GENERAL ACTS AND RESOLUTIONS, VOL. I

HOMESTEAD EXEMPTION FOR ELDERLY RESIDENTS.
Proposed Amendment to the Constitution.
No. 183 (House Resolution No. 526-1383).
A RESOLUTION
Proposing an amendment to the Constitution so as to change certain provisions relating to homestead exemptions from ad valorem taxation for elderly residents of the State; to provide for submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by striking in their entirety the seventh, fourteenth, and fifteenth unnumbered paragraphs thereof and substituting in lieu thereof new seventh, fourteenth, and fifteenth unnumbered paragraphs, respectively, to read as follows:
"Each person who is sixty-five (65) years of age or over is hereby granted an exemption from all State and county ad valorem taxes in the amount of $4,000.00 on a homestead owned and occupied by him as a residence if his net income, together with the net income of his spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources, except as hereinafter provided, does not exceed $8,000.00 for the immediately preceding taxable year for income tax purposes. For the purposes of this paragraph, net income shall not include income received as retirement, survivor or disability benefits under the Federal Social Security Act or under any other public or private retirement, disability or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and his spouse under the Federal Social Security Act, and income from such sources in excess of such maximum amount shall

GEORGIA LAWS 1980 SESSION

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be included as net income for the purposes of this paragraph. The value of the residence in excess of the above exempted amount shall remain subject to taxation. Any such owner shall not receive the benefits of such homestead exemption unless he, or through his agent, files an affidavit with the tax commissioner or tax receiver of the county in which he resides, giving his age and the amount of income which he and his spouse received during the last taxable year for income tax purposes, and such additional information relative to receiving the benefits of such exemption as will enable the tax commissioner or tax receiver to make a determination as to whether such owner is entitled to such exemption. The tax 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. Provided, that after any such owner has filed the proper affidavit, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he make application and file the said affidavit thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any such owner, however, to notify the tax commissioner or tax receiver in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The General Assembly may provide by law for the proper administration of this exemption including penalties necessary therefor. The increased exemption provided for herein shall apply to all taxable years beginning after December 31,1980.
The homestead of each resident of each independent school district who is 62 years of age or over and who does not have an income from all sources, including the income from all sources of all members of the family residing within said homestead, exceeding $8,000.00 per annum, may be exempt by law from all ad valorem taxation for educational purposes levied for and in behalf of such school system. No such exemption shall be granted unless an affidavit of the owner of the homestead is filed with the governing authority of his city, or with a person designated by the governing authority of his city, giving his age, the amount of income which he received for the immediately preceding calendar year, the income which the members of his family residing within the homestead received for such period, and such other additional information relative to receiving the benefits of the exemption granted by this para-

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GENERAL ACTS AND RESOLUTIONS, VOL. I

graph as will enable the governing authority of such city, or the person designated by the governing authority of such city, to make a determination as to whether such owner is entitled to said exemption. The governing authority of the city, or the person designated by the said governing authority, shall provide affidavit forms for this purpose. The exemption granted to the homestead within this paragraph shall extend to and shall apply to those properties, the legal title to which is vested in one or more title holders, if actually occupied by one or more such owners as a residence, and one or more such title holders possesses the qualifications provided for in this paragraph. In such instances, such exemptions shall be granted to such properties, if claimed in the manner herein provided by one or more of the owners actually residing on such property. Such exemptions shall also extend to those homesteads, the title to which is vested in an administrator, executor or trustee, if one or more of the heirs or cestui que uses residing on such property shall possess the qualifications provided for herein and shall claim the exemptions granted by this paragraph in the manner herein provided. The exemption provided for herein shall apply to all taxable years beginning after December 31, 1980.
The homestead of each resident of each county school district who is 62 years of age or over and who does not have an income from all sources, including the income of all members of the family residing within said homestead, exceeding $8,000.00 per annum, may be exempt by law from all ad valorem taxation for educational purposes levied for and in behalf of such school system, including taxes to retire school bond indebtedness. No such exemption shall be granted unless an affidavit of the owner of the homestead is filed with the Tax Receiver or Tax Commissioner of his county giving his age, the amount of income which he received for the immediately preceding calendar year, the income which the members of his family residing within the homestead received for such period, and such other additional information relative to receiving the benefits of the exemption granted by this paragraph as will enable the Tax Receiver or Tax Commissioner to make a determination as to whether such owner is entitled to said exemption. The Tax Receiver or Tax Commissioner shall provide affidavit forms for this purpose. The exemption granted to the homestead within this paragraph shall extend to and shall apply to those properties, the legal title to which is vested in one or more title holders, if actually occupied by one or more such owners as a residence, and one or more such title holders

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possesses the qualifications provided for in this paragraph. In such instances, such exemptions shall be granted to such properties, if claimed in the manner herein provided by one or more of the owners actually residing on such property. Such exemptions shall also extend to those homesteads, the title to which is vested in an administrator, executor or trustee, if one or more of the heirs or cestui que uses residing on such property shall possess the qualifications provided for herein and shall claim the exemptions granted by this paragraph in the manner herein provided. The exemption provided for herein shall apply to all taxable years beginning after December 31, 1980."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to [ ] NO increase the income exclusion on homestead exemptions for the elderly to $8,000.00?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Consitution of this state.

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APPLING COUNTY - BOARD OF COMMISSIONERS.
Proposed Amendment to the Constitution.
No. 184 (House Resolution No. 560-1478).
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by local law that the board of commissioners of Appling County may conduct official and other business at sites other than the Appling County Courthouse but within the corporate limits of Baxley, Georgia; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article IX, Section I, Paragraph V of the Constitution is hereby amended by adding at the end thereof the following paragraph:
"Notwithstanding any other provisions of this Constitution to the contrary, the General Assembly by local law may provide that the board of county commissioners of Appling County may conduct official and other business at sites other than the Appling County Courthouse, provided such business is conducted within the corporate limits of Baxley, Georgia. The authority provided by this paragraph piay be exercised by the General Assembly notwithstanding any general law heretofore or hereafter enacted dealing with the subject matter of this paragraph, and any local law adopted pursuant to the authority of this paragraph shall control the subject matter thereof as to Appling County, notwithstanding the provisions of any conflicting general law."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

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"[ ] YES Shall the Constitution be amended so as to authorize the General Assembly to provide by
[ ] NO local law that the board of commissioners of Appling County may conduct official and other business at sites other than the Appling County Courthouse but within the corporate limits of Baxley, Georgia?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

DOWNTOWN DALTON DEVELOPMENT AUTHORITY.
Proposed Amendment to the Constitution.
No. 185 (House Resolution No. 592-1600).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the establishment of a Downtown Dalton Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article IX, Section VIII, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following paragraph:

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"The General Assembly shall be authorized to create in and for the City of Dalton, the Downtown Dalton Development Authority for the purpose of the redevelopment of the downtown Dalton area. Said Authority shall have the power to employ engineers and planners, to contract for the construction of buildings and other facilities, and to contract with the City of Dalton for the construction, reconstruction, altering and changing and closing of streets and alleys. The General Assembly shall be authorized to empower the Authority to create special tax districts within the City of Dalton, and to levy and collect taxes within said districts based on values of the taxable real property fixed by the Tax Digest of the City of Dalton to defray the costs of the foregoing. The General Assembly may authorize the Authority to create one or more of such districts and authorize the Authority to define the boundaries of such districts. The Authority shall have the power to issue bonds and/or revenue certificates, and to pledge revenues and to levy and collect taxes within said districts for the retirement of said indebtedness. No taxes shall be levied by said Authority on property used for residential purposes or used for school or church purposes. The Authority shall have the right and power of eminent domain for the purpose of acquiring property in the carrying out of its aims and objectives. The General Assembly shall provide for all matters relating to the composition of the members of the Authority, their terms of office and related matters and the geographical limits within the City of Dalton which shall be subject to the provisions of this paragraph."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide for the establishment of a Downtown
[ ] NO Dalton Development Authority and to provide for the powers, duties and responsibilities of said Authority?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."

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

CITY OF AUSTELL - HOMESTEAD EXEMPTIONS.
Proposed Amendment to the Constitution.
No. 186 (House Resolution No. 596-1603).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for a homestead exemption for residents of the City of Austell in an amount to be fixed by the governing authority of the city at not more than $ 1,000.00 from all City of Austell ad valorem taxes; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following:
"Any other provisions of this Constitution to the contrary notwithstanding, the governing authority of the City of Austell is hereby authorized to grant an exemption from all city ad valorem taxes in an amount to be fixed by the governing authority at not more than $1,000.00 on a homestead owned and occupied by a resident of the city as a residence and homestead and only so long as actually occupied by the owner primarily as such. The value of the residence in excess of the amount so exempted shall remain subject to taxation. Any such resident shall not receive the benefits of such homestead exemption unless he or his agent provides the tax assessors of Cobb County with such affidavits, copies of deeds, or other information as they might request showing that such resident and

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GENERAL ACTS AND RESOLULTIONS, VOL. I

such property qualify for this exemption. After any such person has filed the proper documents and has been allowed the exemption provided herein, it shall not be necessary that he make application thereafter for any subsequent year; and said exemption shall continue to be allowed to such person. It shall be the duty of such person to notify said tax assessor's office in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The homestead exemption provided for herein shall not be granted nor the amount fixed within the limits prescribed herein until the governing authority of the city provides by ordinance for the granting of such exemption and the amount thereof and the clerk forwards to the tax assessor's office a certified copy of said ordinance. The amount of such exemption may be increased or decreased from year to year by the same procedure. The governing authority of the city may provide by ordinance for the proper administration of this exemption as the same may be necessary."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide for a homestead exemption for residents
[ ] NO of the City of Austell in an amount to be fixed by the governing authority of the city at not more than $1,000.00 from all City of Austell ad valorem taxes?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

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CITY OF MARIETTA - HOMESTEAD EXEMPTIONS.
Proposed Amendment to the Constitution.
No. 187 (House Resolution No. 622-1614).
A RESOLUTION
Proposing an amendment to the Constitution so as to grant to certain elderly persons an exemption from taxes levied for educational purposes in the City of Marietta; to provide procedures; to provide for application; to provide for other matters relative to the foregoing; to provide for submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding a new paragraph at the end of that paragraph thereof which reads as follows;
"The homestead of each resident of each independent school district who is 62 years of age or over and who does not have an income from all sources, including the income from all sources of all members of the family residing within said homestead, exceeding $6,000.00 per annum, may be exempt by law from all ad valorem taxation for educational purposes levied for and in behalf of such school system. No such exemption shall be granted unless an affidavit of the owner of the homestead is filed with the governing authority of his city, or with a person designated by the governing authority of such city, giving his age, the amount of income which he received for the immediately preceding calendar year, the income which the members of his family residing within the homestead received for such period, and such other additional information relative to receiving the benefits of the exemption granted by this paragraph as will enable the governing authority of such city, or the person designated by the governing authority of such city, to make a determination as to whether such owner is entitled to said exemption. The governing authority of the city, or the person designated by the said governing authority, shall provide affidavit forms for this purpose. The exemption granted to the homestead within this

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paragraph shall extend to and shall apply to those properties, the legal title to which is vested in one or more titleholders, if actually occupied by one or more such owners as a residence, and one or more such titleholders possess the qualifications provided for in this paragraph. In such instances, such exemptions shall be granted to such properties, if claimed in the manner herein provided by one or more of the owners actually residing on such property. Such exemptions shall also extend to those homesteads, the title to which is vested in an administrator, executor or trustee, if one or more of the heirs or cestui que uses residing on such property shall possess the qualifications provided for herein and shall claim the exemptions granted by this paragraph in the manner herein provided. The exemption provided for herein shall apply to all taxable years beginning after December 31, 1972."v
to read as follows:
"The homestead of each resident of the Independent School District of the City of Marietta who is 62 years of age or over is exempted from all taxes levied by the City of Marietta for educational purposes, other than taxes levied to retire bonded indebtedness incurred prior to January 1, 1981. As used in this paragraph, the term `homestead' shall have the meaning specified by law for purposes of the Statewide exemption from ad valorem taxation for State, county, and school purposes, except that the term shall not include more than one acre of land immediately surrounding the residence of the applicant. The exemption granted to the homestead within this paragraph shall extend to and shall apply to those properties, the legal title to which is vested in one or more titleholders, if actually occupied by one or more such owners as a residence, and one or more such titleholders possess the qualifications provided for in this paragraph. In such instances, such exemptions shall be granted to such properties, if claimed in the manner authorized in this paragraph by one or more of the owners actually residing on such property. Such exemptions shall also extend to those homesteads, the title to which is vested in an administrator, executor or trustee, if one or more of the heirs or cestui que uses residing on such property shall possess the qualifications provided for herein and shall claim the exemptions granted by this paragraph in the manner authorized in this paragraph. The governing authority of the City of Marietta may provide procedures for application for, proof of eligibility for, and approval of the grant of the exemption

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granted in this paragraph. Such procedures may provide that, once an exemption is granted to an applicant, the applicant need not reapply for the exemption thereafter. The exemption provided for herein shall apply to all taxable years beginning after December 31, 1980."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to exempt from school taxation in the City of
[ ] NO Marietta the homestead of each resident of the city 62 years of age or older?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

DeKALB COUNTY `E- RECORDER'S COURT JURISDICTION.
Proposed Amendment to the Constitution.
No. 188 (House Resolution No. 624-1616).
A RESOLUTION
Proposing an amendment to the Constitution so as to grant jurisdiction to the Recorder's Court of DeKalb County to try and dispose

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of all offenses and offenders against any ordinance of DeKalb County controlling animals, including such offenses which occur within that portion of the corporate limits of the City of Atlanta lying within DeKalb County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section j. Article IX, Section I of the Constitution is hereby amended by adding at the end thereof the following paragraph:
"The Recorder's Court of DeKalb County is hereby vested with jurisdiction to try and dispose of all offenses and offenders against any ordinance of DeKalb County controlling animals, including such offenses which occur within that portion of the corporate limits of the City of Atlanta lying within DeKalb County."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to grant jurisdiction to the Recorder's Court of DeKalb County to try and dispose of all offenses and of-
[ ] NO fenders against any ordinance of DeKalb County controlling animals, including such offenses which occur within that portion of the corporate limits of the City of Atlanta lying within DeKalb County?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

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COLQUITT COUNTY - TAXATION FOR EDUCATION..
Proposed Amendment to the Constitution.
No. 189 (House Resolution No. 636-1641).
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the use by the Colquitt County School System of the proceeds of any local sales and use tax levied within Colquitt County; to adjust the limitation on the maximum mill rate of ad valorem taxes which may be levied for the purposes of the Colquitt County School System so as to take into account the proceeds to the school system of the local sales and use tax; to provide for submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article IX, Section IV, Paragraph III of the Constitution is hereby amended by adding a new paragraph at the end thereof to read as follows:
"Subject to the conditions and limitations provided by local law, the General Assembly may allocate all or any portion of the proceeds within Colquitt County of any local sales and use tax, regardless of by whom the tax is levied, for the purposes of the Colquitt County School System. The mill rate limitation on the rate of ad valorem taxes levied for purposes of the Colquitt County School System, which is contained in Article VIII, Section VII, Paragraph I of this Constitution, is hereby reduced for each taxable year beginning on or after January 1, 1981, by a mill rate which, if levied against the nonexempt tangible property within the Colquitt County School District, would produce an amount of revenue equal to the proceeds of the local sales and use tax received by the school system in the immediately preceding taxable year."

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Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to authorize the General Assembly to allocate the
[ ] NO proceeds of the local option sales tax to the Colquitt County School System and to reduce the mill rate limitation on school taxes by the amount of local sales tax proceeds?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

MACON-BIBB COUNTY URBAN DEVELOPMENT AUTHORITY BONDS.
Proposed Amendment to the Constitution.
No. 190 (House Resolution No. 668-1666).
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the Macon-Bibb County Urban Development Authority to issue its revenue bonds, notes or other obligations for the purpose of acquiring, constructing, equipping, maintaining, operating, extending, repairing and improving lands, buildings and facilities of any kind

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for use by any industrial, commercial, business, civic, educational, agricultural or other enterprise, public or private, upon a determination by the governing body of the Authority that such undertaking will further the development and redevelopment for the public good of urban, central city and downtown areas located within Bibb County; to empower said Authority to extend credit or make loans to any enterprise for the purpose of financing undertakings for the purposes described herein, subject to such terms as the Authority may deem necessary or desirable; to provide that bonds, notes or other obligations issued and contracts entered into by said Authority shall not be deemed to constitute debts of the County of Bibb or the City of Macon within the meaning of Article IX, Section VII, Paragraph I of the Constitution of the State of Georgia; to provide that said amendment is self-enacting and shall not require any enabling legislation for it to become effective, but to authorize the General Assembly to amend the provisions of the Act creating the Macon-Bibb County Urban Development Authority to make it more perfectly reflect the purposes, terms and provisions hereof, to further define the purposes of the Macon-Bibb County Urban Development Authority, to further define, prescribe and enlarge the powers and duties of said Authority (and of the County of Bibb and the City of Macon as the same relate to the Authority and its undertakings) and the exercise thereof, to further regulate the management and conduct of said Authority, and to otherwise amend said Act in any manner not inconsistent with the provisions of this Amendment as the General Assembly deems appropriate; to ratify and confirm all amendments to said Act heretofore enacted by the General Assembly; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The Constitution of the State of Georgia, including specifically but without limitation, Article IX, Section IV, Paragraph III and Article IX, Section VIII, Paragraph I, is hereby amended by adding thereto the following:
"In addition to those powers granted to the Macon-Bibb County Urban Development Authority by Act of the General Assembly at the 1974 Session thereof (Ga. L. 1974, p. 3093, et seq.), and amendments to the Constitution of the State of Georgia (Ga. L. 1974, p.

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1754, et seq. and Ga. L. 1976, p. 1827, et seq.), said Authority is further authorized to issue its revenue bonds, notes or other obligations for the purpose of acquiring, constructing, equipping, maintaining, operating, extending, repairing and improving lands, buildings and facilities of any kind for use by any industrial, commercial, business, civic, educational, agricultural or other enterprise, public or private, upon a determination by the governing body of the Authority that such undertaking will further the development and redevelopment for the public good of urban, central city and downtown areas located within Bibb County, and, in addition to those specific powers granted to the Authority, said Authority is empowered to extend credit or make loans to any enterprise for the purpose of financing undertakings for the purposes described herein, subject to such terms as the Authority may deem necessary or desirable. Bonds, notes or other obligations issued and contracts entered into by said Authority shall not be deemed to constitute debts of the County of Bibb nor the City of Macon within the meaning of Article IX, Section VII, Paragraph I of the Constitution of the State of Georgia. This amendment is self-enacting and shall not require any enabling legislation for it to become effective. However, the General Assembly may amend the provisions of the Act creating the Macon-Bibb County Urban Development Authority to make it more perfectly reflect the purposes, terms and provisions hereof, to further define the purposes of the Macon-Bibb County Urban Development Authority, to further define, prescribe and enlarge the powers and duties of said Authority (and of the County of Bibb and the City of Macon as the same relate to the Authority and its undertakings) and the exercise thereof, to further regulate the management and conduct of said Authority, and to otherwise amend said Act in any manner not inconsistent with the provisions of this amendment as the General Assembly deems appropriate and all amendments to said Act heretofore enacted by the General Assembly are hereby ratified and confirmed."
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of the State of Georgia of 1976, as amended.

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The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to authorize the Macon-Bibb County Urban Development Authority to issue its revenue bonds, notes or other obligations for the purpose of acquiring, constructing, equipping, maintain-
[ ] NO ing, operating, extending, repairing and improving lands, buildings, and facilities of any kind for use by any industrial, commercial, business, civic, educational, agricultural or other enterprise, public or private, upon a determination by the governing body of the Authority that such undertaking will further the development and redevelopment for the public good of urban, central city and downtown areas located within Bibb County; to empower said Authority to extend credit or make loans to any enterprise for the purpose of financing undertakings for the purposes described herein, subject to such terms as the Authority may deem necessary or desirable; to provide that bonds, notes or other obligations issued and contracts entered into by said Authority shall not be deemed to constitute debts of the County of Bibb or the City of Macon with the meaning of Article IX, Section VII, Paragraph I of the Constitution of the State of Georgia; to provide that said amendment is selfenacting and shall not require any enabling legislation for it to become effective, but to authorize the General Assembly to amend the provisions of the Act creating the Macon-Bibb County Urban Development Authority to make it more perfectly reflect the purposes, terms and provisions thereof, to further define the purposes of the Macon-Bibb County Urban Development Authority, to further define, prescribe and enlarge the powers and duties of said Authority

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(and of the County of Bibb and the City of Macon as the same relate to the Authority and its undertakings) and the exercise thereof, to further regulate the management and conduct of said Authority, and to otherwise amend said Act in any manner not inconsistent with the provisions of the Amendment now proposed as the General Assembly deems appropriate; and to ratify and confirm all amendments to said Act heretofore enacted by the General Assembly?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

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BIBB COUNTY - HOMESTEAD EXEMPTIONS.
Proposed Amendment to the Constitution.
No. 191 (House Resolution No. 674-1686).
A RESOLUTION
Proposing an amendment to the Constitution so as to change the homestead exemption from ad valorem taxes levied for county and school purposes in Bibb County; to repeal a specific resolution; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end of the third unnumbered paragraph thereof the following:
"Any other provisions of this Constitution to the contrary notwithstanding, each resident of Bibb County is hereby granted an exemption from all Bibb County and Bibb County School District ad valorem taxes in the amount hereinafter provided of the value of the homestead owned and occupied by said resident as a homestead within Bibb County. For calendar year 1981, such homestead exemption shall be $5,000.00. For calendar year 1982, the exemption shall be $6,000.00. For calendar year 1983 and thereafter, the exemption shall be $7,000.00. For the purpose of Bibb County and Bibb County School District ad valorem taxes, the homestead exemption granted herein shall be in lieu of the basic homestead exemption provided for the homestead of each resident of Georgia, and the provisions of this Constitution and of law relating to such basic homestead exemption shall apply to the homestead exemption granted herein, except for the amount thereof. The homestead exemption granted herein for residents of Bibb County shall be in addition to and cumulative of the homestead exemption granted to certain persons 65 years of age or older as provided in the seventh unnumbered paragraph herein and in addition to and cumulative of the homestead exemption granted to certain residents of county school districts who are 62 years of age or older as provided in the fifteenth unnumbered paragraph herein."

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Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide that the Bibb County homestead exemption from taxes levied for county and school pur-
[ ] NO poses shall be increased to $5,000.00 in 1981, $6,000.00 in 1982, and $7,000.00 in 1983 and thereafter?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
Section 3. A Resolution proposing an amendment to the Constitution so as to change the homestead exemption from ad valorem taxes levied for county and school purposes in Bibb County, which is found at Georgia Laws 1979, p. 1810, is hereby repealed in its entirety.

ACWORTH DOWNTOWN DEVELOPMENT AUTHORITY.
Proposed Amendment to the Constitution.
No. 192 (House Resolution No. 681-1706). A RESOLUTION
Proposing an amendment to the Constitution so as to create the Acworth Downtown Development Authority; to provide for powers,

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authority, funds, purposes, and procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article IX, Section VIII, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following paragraph:
"Acworth Downtown Development Authority, (a) There is hereby created a body corporate and politic in the City of Acworth in Cobb County to be known as the Acworth Downtown Development Authority, which shall be an instrumentality of the City of Acworth and a public corporation and which in this amendment is hereafter referred to as the `authority.'
(b) The authority shall consist of nine members who shall serve for a term of five years and who shall be eligible for reappointment. The members shall be appointed by the mayor and council of the City of Acworth. The first members shall be appointed for staggered terms as decided by the Mayor and Council of the City of Acworth, and thereafter their successors shall be appointed for terms of five years. Members shall serve until their successors are duly appointed and qualified. Vacancies shall be filled for the unexpired term by the mayor and council. A majority of members shall constitute a quorum and a majority may act for the authority in any matter. No vacancy shall impair the power of the authority to act. No member of the authority shall be the mayor nor a member of the council of the City of Acworth, but there shall be no other disqualification to hold public office by reason of membership in the authority.
(c) The property, obligations, and the interest on the obligations of the authority shall have the same immunity from taxation as the property, obligations, and interest on the obligations of the City of Acworth. The exemption from taxation herein provided shall not extend to tenants nor lessees of the authority.

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(d) The authority shall have the power:
(1) To sue and to be sued.
(2) To adopt and amend a corporate seal.
(3) To make and execute contracts and other instruments necessary or convenient to exercise the powers of the authority, including, but not limited to, contracts for construction of projects, leases of projects, contracts for sale of projects, and contracts with respect to the use of projects.
(4) To finance (by loan, grant, or lease), construct, erect, purchase, acquire, own, repair, remodel, renovate, rehabilitate, maintain, extend, improve, sell, equip, expand, add to, operate, or manage projects and to pay the cost of any project from the proceeds of revenue bonds, notes, or other obligations of the authority or any other funds of the authority, or from any contribution or loans by persons, corporations, partnerships (limited or general), or other entities, all of which the authority is hereby authorized to receive and accept and use. For purposes of this paragraph the term `project' shall mean and include anything included within the definition of `project' in the Development Authorities Law and the General Assembly may by local law further define the term `project' for purposes of this paragraph.
(5) To borrow money to further or carry out its public purpose and to execute revenue bonds, notes, other obligations, leases, trust indentures, trust agreements, agreements for the sale of its revenue bonds, notes, or other obligations, loan agreements, mortgages, deeds to secure debt, trust deeds, security agreements, assignments, and such other instruments as may be necessary or desirable, in the judgment of the authority, to evidence and secure such borrowing.
(6) To issue revenue bonds, notes, or other obligations of the authority and use the proceeds thereof for the purpose of paying or loaning the proceeds thereof to pay all or any part of the cost of any project and otherwise to further or carry out the public purpose of the authority and to pay all costs of the authority incident to or necessary and appropriate to furthering or carrying out such purposes.

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(7) To make application directly or indirectly to any federal, state, county, or municipal government or agency or to any other source, public or private, for loans, grants, guarantees, or other financial assistance in furtherance of the authority's public purpose and to accept and use same upon such terms and conditions as are prescribed by the federal, state, county, or municipal government or agency or other source.
(8) To enter into agreements with the federal government or any agency thereof to use in the performance of the authority's functions the facilities or the services of the federal government or any agency thereof in order to further or carry out the public purpose of the authority.
(9) To contract for any period not exceeding 50 years with the State of Georgia, state institutions, or any city, town, municipality, or county of the state for the use by the authority of any facilities or services of the state or any such state institution, city, town, municipality, or county, or for the use by any state institution or any city, town, municipality, or county of any facilities or services of the authority, provided such contracts shall deal with such activities and transactions as the authority and any such subdivision with which the authority contracts are by law authorized to undertake.
(10) To extend credit or make loans to any person, corporation, partnership (limited or general), or other entity for the costs of any project or any part of the costs of any project, which credit or loans shall be evidenced or secured by loan agreements, notes, mortgages, deeds to secure debt, trust deeds, security agreements, assignments, and such other instruments or by rentals, revenues, fees, or charges, upon such terms and conditions as the authority shall determine to be reasonable in connection with such extension of credit or loans, including provision for the establishment and maintenance of reserves and insurance funds, and, in the exercise of powers granted by this paragraph in connection with any project, the authority shall have the right and power to require the inclusion in any such loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other instrument of such provisions for guaranty, insurance, construction, use, operation, maintenance, and financing of a project, and such other terms and conditions as the authority may deem necessary or desirable.

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(11) As security for repayment of any revenue bonds, notes, or other obligations of the authority to pledge, mortgage, convey, assign, hypothecate, or otherwise encumber any property, real or personal, of the authority and to execute any lease, trust indenture, trust agreement, agreement for the sale of the authority's revenue bonds, notes, or other obligations, loan agreement, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other instrument as may be necessary or desirable, in the judgment of the authority, to secure any such revenue bonds, notes, or other obligations, which instrument may provide for foreclosure or forced sale of any property of the authority upon default in any obligation of the authority, either in payment of principal or interest or in the performance of any term or condition contained in any such instrument (the State of Georgia on behalf of itself and each county, municipal corporation, political subdivision, or taxing district therein hereby waives any right it or such county, municipal corporation, political subdivision, or taxing district may have to prevent the forced sale or foreclosure of any property of the authority upon such default and agrees that any instrument encumbering such property may be foreclosed in accordance with law and the terms thereof).
(12) To exercise any power granted by the laws of the State of Georgia to public or private corporations which is not in conflict with the Constitution and laws of the State of Georgia.
(13) To do all things necessary or convenient to carry out the powers expressly conferred by this paragraph.
(e) The authority shall be authorized to levy upon all real property subject to taxation by the authority within the downtown development district on January 1 of each year, a tax not to exceed 25 mills upon the assessed value of all such property, according to the assessed value of such property for ad valorem tax purposes for the City of Acworth. All taxes levied by the authority shall become due and payable at the same time as ad valorem taxes levied by the City of Acworth. Delinquent taxes shall bear the same interest and penalties as City of Acworth ad valorem taxes.
(f) The authority shall have the right and power of eminent domain over the downtown development district for the purpose of acquiring property in carrying out its aims and objectives.

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(g) The downtown development district shall be determined by resolution of the mayor and council of the City of Acworth and may be amended or changed from time to time at the discretion of the mayor and council.
(h) The revenue bonds or obligations herein authorized to be issued shall not be deemed to constitute a debt of the City of Acworth within the meaning of Article IX, Section VII, Paragraph I of the Constitution of the State of Georgia of 1976, nor a pledge of the faith and credit of said city, nor shall the city be subject to any pecuniary liability thereon. The revenue bonds shall not be payable from, nor a charge upon, any funds of the city. Any bondholder shall have the right to compel the authority to levy the special tax herein provided for within the limit herein prescribed to pay the bonds and interest thereon; provided, however, that any resolution of the authority authorizing the issuance of revenue bonds or any trust agreement, trust indenture,or similar agreement approved by the authority may provide that no bondholder shall have any such right to compel levy of a tax, and, in that event, the authority may not and shall not levy any tax to pay the bonds which are the subject of any such resolution, trust agreement, trust indenture, or similar agreement or interest thereon.
(i) The authority is hereby authorized to issue revenue bonds, notes, or other obligations from time to time to carry out the purposes of this paragraph. Revenue bonds, notes, or other obligations so issued shall be paid solely from the revenues pledged to the payment thereof, which revenues may include any funds derived from the special tax levy provided hereunder. Such revenue bonds, notes, or other obligations shall be authorized by resolution of the governing body of the authority, which may be adopted at a regular or special meeting by a majority vote of the members of said governing body. The governing body of said authority in determining the cost of any project for which revenue bonds, notes, or other obligations are to be issued may include all costs relative to the issuance thereof and, without intending to limit such costs, may include architectural, engineering, inspection, fiscal agents', and legal expenses estimated to accrue from the date of any revenue bonds, notes, or other obligations through the period of construction and for six months after such construction; and such revenue bonds, notes, or other obligations shall bear such date or dates, mature at such time or times, not exceeding 30 years from their respective dates, bear

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interest at such rate or rates, and may be in such denominations and may carry such registration privileges and be subject to redemption and may contain such terms, covenants, assignments, and conditions as the resolution authorizing the issuance of such revenue bonds, notes, or other obligations may provide. Revenue bonds, notes, or other obligations and interest thereon so issued by said authority are hereby declared to be tax exempt for any and all purposes. The terms, conditions, covenants, and provisions contained in any such resolution authorizing the issuance of such revenue bonds, notes, or other obligations shall bind said governing body then in office and its successors thereof, including any covenant to levy taxes within the limits herein prescribed for the purpose of providing such funds as may be necessary to pay the principal of and interest on any such issue or issues of revenue bonds, notes, or other obligations and to create and maintain a reserve for that purpose. Such bonds, but not notes or other obligations, issued by said authority shall be validated in the Superior Court of Cobb County in the same manner as revenue bonds of municipalities are validated as provided under the Revenue Bond Law (Ga. Laws 1937, p. 761), as amended. There shall be no limitation upon the amount of revenue bonds, notes, or other obligations which the authority may issue. The interest rate or rates on or to be borne by any revenue bonds, notes, or other obligations issued by the authority shall be determined by the members of the authority; and any limitations with respect to interest rates or any maximum interest rate or rates found in the Revenue Bond Law (Ga. Laws 1937, p. 761), as amended, the usury laws of the State of Georgia, or any other laws of the State of Georgia shall not apply to revenue bonds, notes, or other obligations of the authority issued pursuant to this paragraph. The members of the authority for purposes of the Revenue Bond Law shall constitute the `governing body,' as that term is used herein.
(j) For purposes of validation of revenue bonds as provided under the Revenue Bond Law (Ga. Laws 1937, p. 761), as amended, the authority shall be considered to be located in the City of Acworth, Cobb County, Georgia.
(k) The authority may. provide for the replacement of any bonds issued by it which shall be lost, mutilated, or destroyed.

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(1) In the discretion of the authority, any issue of bonds pursuant to this paragraph may be secured by a trust indenture by and between the authority and a trustee, which may be any trust com-
pany, any bank having the powers of a trust company within or outside the state, any national banking association organized under the laws of the United States, or an individual. Such trust indenture may pledge or assign fees, tolls, revenues, rents, receipts, earnings, or other funds to be received by the authority, including the proceeds derived from the sale from time to time of any surplus property of the authority, either real or personal. The resolution providing for the issuance of such bonds or the trust indenture may set forth the rights and remedies of the bondholders and of the trustee and may prescribe the procedure by which bondholders may enforce their rights. Such resolution or trust indenture may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects satisfactory to the trustee or to the bondholders, and may also require that the security given by any contractors and by any depository of
the proceeds of the bonds or revenues or other moneys be satisfactory to such trustee or bondholders, and may also contain provisions concerning the conditions, if any, upon which additional revenue
bonds may be issued pari passu with the revenue bonds initially issued pursuant to such resolution or trust indenture. It shall be lawful for any bank or trust company incorporated under the laws of this state or any national banking association organized under the
laws of the United States to act as such depository and to furnish such security as may be required by the authority. All expenses incurred in connection with any such resolution or trust indenture may be treated as operating expenses of the authority. This subparagraph is illustrative and does not limit the types of instruments which may secure or provide for any issue of bonds or the terms and provisions which any resolution adopted by the authority or any instrument executed by the authority may contain. Any resolution adopted by the authority or any indenture of trust, trust agreement, or other instrument executed by the authority may contain such terms and provisions as the authority shall approve. Such approval of the authority shall be conclusively established by the execution of any such resolution, indenture of trust, trust agreement, or other instrument by the chairman or vice chairman of the authority and
the attestation of such execution by the secretary or any assistant secretary of the authority. Nothing herein shall be construed to require, for any issue of revenue bonds, a trustee or a trust indenture, trust agreement, or similar instrument.

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(m) In addition to and not in limitation of other powers granted in this paragraph as to the issuance of revenue bonds and security for such bonds, the authority shall have the power to enter into any financial and contractual arrangements which it deems appropriate with users or owners of projects in order to provide security to bondholders; and for such purposes it may also enter into joint agreements, arrangements, or trust indentures with such users or owners and a trustee or trustees under any trust indenture in order that funds may be procured to accomplish the purposes of this paragraph.
(n) While any of the revenue bonds issued by the authority remain outstanding, the powers, duties, or existence of the authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will adversely affect the interest and rights of the holders of such bonds.
(o) All revenue bonds of the authority issued under the provisions of this paragraph are declared to be issued for an essential public purpose and the said bonds and the income therefrom shall at all times be exempt from taxation within the state.
(p) Any revenue bonds issued by the authority under the provisions of this paragraph 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 whomsoever 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 revenue bonds of the authority 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.

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(q) The purpose of the authority is the redevelopment of the downtown Acworth district, which includes but is not limited to renovation and rehabilitation of existing buildings, structures, and improvements and acquisition and construction of new buildings, structures, and improvements located in the downtown Acworth district, all for any commercial, business, office, public, or other use determined by a majority of the members of the authority to further the redevelopment of the downtown Acworth district. The purpose of the authority is hereby declared to be an essential and public purpose, promoting the public good and welfare and benefiting the citizens of the downtown Acworth district and the City of Acworth. This paragraph shall be liberally construed to effect its purpose.
(r) It is hereby declared that all property of the authority held pursuant to the terms of this paragraph, whether real or personal, tangible or intangible, and of any kind or nature, and any income or revenue therefrom, is held for an essential public purpose and all such property is deemed to be public property and tax exempt."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide for the establishment of a Acworth
[ ] NO Downtown Development Authority and to provide for the powers, duties, and responsibilities of said authority?'.' . >
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

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CITY OF COLLEGE PARK - HOMESTEAD EXEMPTIONS.
Proposed Amendment to the Constitution.
No. 193 (House Resolution No. 684-1706).
A RESOLUTION
Proposing an amendment to the Constitution so as to increase the amount of the homestead exemption from city ad valorem taxes for certain residents of the City of College Park; to repeal an amendment to Article VII, Section I, Paragraph IV of the Constitution, ratified November 5, 1974 (Ga. Laws 1974, p. 1768); to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following;
"A homestead of each resident under the age of 65 of the City of College Park actually occupied by the owner as a residence and homestead, but only so long as actually occupied by the owner primarily as such, is hereby exempted from city ad valorem taxes, except taxes levied by said city for the payment of interest on and retirement of bonded indebtedness, in an amount of four thousand dollars ($4,000.00) of its value.
A homestead of each resident who is totally disabled or is 65 years of age or older, of the City of College Park actually occupied by the owner primarily as such, is hereby exempted from all city ad valorem taxes, except taxes levied by said city for the payment of interest and retirement of bonded indebtedness, in an amount of six thousand dollars ($6,000.00) of its value."

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Section 2. That certain amendment to Article VII, Section I, Paragraph IV of the Constitution, ratified November 5, 1974 (Ga. Laws 1974, p. 1768), which reads as follows:
"A homestead of each resident under the age of 65 of the City of College Park actually occupied by the owner as a resident and homestead, but only so long as actually occupied by the owner primarily as such, is hereby exempted from City ad valorem taxes, except taxes levied by said City for the payment of interest on and retirement of bonded indebtedness, in an amount of two thousand dollars ($2,000.00) of its value.
A homestead of each resident who is totally disabled or is 65 years of age or older, of the City of College Park actually occupied by the owner primarily as such, is hereby exempted from all City ad valorem taxes, except taxes levied by said City for the payment of interest and retirement of bonded indebtedness, in an amount of four thousand dollars ($4,000.00) of its value.",
is hereby repealed in its entirety.
Section 3. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to increase the homestead exemptions for resident homeowners of the City of College Park to an
[ ] NO amount of four thousand dollars ($4,000.00) for resident homeowners under the age of 65 and to an amount of six thousand dollars ($6,000.00) for resident homeowners who are totally disabled or are 65 years of age or older?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."

68

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

DOUGLAS COUNTY - ORDINANCES, ETC.
Proposed Amendment to the Constitution.
No. 194 (House Resolution No. 724-1743).
A RESOLUTION
Proposing an amendment to the Constitution so as to empower the board of commissioners of Douglas County to adopt ordinances or regulations for the governing and policing of said county and to authorize the board of commissioners of said county to license and regulate businesses and to levy and collect license taxes on all persons, firms, and corporations doing business in the unincorporated areas of said county; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VI, Section I, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"The board of commissioners of Douglas County is hereby empowered to adopt ordinances or regulations for the governing and policing of said county for the purpose of protecting and preserving the health, safety, welfare, and morals of the citizens thereof as it may deem advisable, not in conflict with the general laws of this state and of the United States, and for the implementation and enforcement of all duties and powers now or hereafter vested in said board as the governing authority of Douglas County, and to provide penalties, including fines and sentences, for violations of such ordinances. The board of commissioners of Douglas County is further

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authorized to license and regulate businesses and to levy and collect license taxes on all persons, firms, and corporations doing business in the unincorporated areas of said county, except businesses which are subject to regulation according to the general laws of this state."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to empower the board of commissioners of Douglas County to adopt ordinances or regulations for
[ ] NO the governing and policing of said county and to authorize the board of commissioners of said county to license and regulate businesses and to levy and collect license taxes on all persons, firms, and corporations doing business in the unincorporated areas of said county?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

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DOUGLAS COUNTY - AD VALOREM TAXATION.

Proposed Amendment to the Constitution.

No. 195 (House Resolution No. 725-1743).

A RESOLUTION

Proposing an amendment to the Constitution so as to exempt from ad valorem property taxes levied by Douglas County a percentage of the value of certain buildings and other improvements of each manufacturing or distribution establishment located in Douglas County; to limit the amount and duration of such exemption; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding a new paragraph at the end thereof to read as follows:

"The value of all buildings and other improvements, excluding machinery and equipment, of each manufacturing or distribution establishment located in Douglas County, Georgia, shall be exempt from ad valorem taxes levied by Douglas County from the time of its establishment, provided such establishment has buildings and other improvements, excluding machinery and equipment, of $500,000.00 or more, according to the following schedule:

First Year Second Year Third Year Fourth Year

80% 60% 40% 20%

The value of each addition to the building and other improvements, excluding machinery and equipment, of an existing manufacturing or distribution establishment, shall be exempt from ad valorem taxes levied by Douglas County according to the above schedule from the time the addition is made if the cost of such addition is $500,000.00 or more. For the purpose of this exemption, the term

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`manufacturing or distribution establishment' shall mean and include every person, firm, partnership, or corporation."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"I ] YES Shall the Constitution be amended so as to exempt from ad valorem property taxes levied by Douglas County a percentage of the value of
[ ] NO all buildings and other improvements of each manufacturing or distribution establishment located in Douglas County, provided such establishment has buildings and other improvements of $500,000.00 or more?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

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CITY OF ST. MARYS HOSPITAL AUTHORITY MEMBERS.
Proposed Amendment to the Constitution.
No. 196 (House Resolution No. 726-1743).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the members of the Hospital Authority of the City of St. Marys shall serve at the pleasure of the governing authority of the City of St. Marys; to provide for submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA;
Section 1. Article IX, Section III, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following paragraph:
"Notwithstanding any contrary provision of law, the members of the Hospital Authority of the City of St. Marys shall serve at the pleasure of the governing authority of the City of St. Marys."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide that the members of the Hospital
[ ] NO Authority of the City of St. Marys shall serve at the pleasure of the governing authority of the City of St. Marys?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."

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

CITY OF PERRY - HOMESTEAD EXEMPTIONS.
Proposed Amendment to the Constitution.
No. 197 (House Resolution No. 729-1753).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide a homestead exemption of $8,000.00 from City of Perry ad valorem taxes for each resident of the city who is 62 years of age or over or disabled if his or her adjusted gross income, together with the adjusted gross income of his or her spouse who also occupies and resides at such homestead, does not exceed $10,000.00, exclusive of certain retirement, survivor, disability, and pension benefits; to provide for the submission of this amendment for ratification or rejection; to repeal a specific resolution; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding a new paragraph immediately preceding the last paragraph thereof to read as follows:
"Any other provisions of this Constitution to the contrary notwithstanding, each resident of the City of Perry who is 62 years of age or over or who is disabled is hereby granted an exemption from all City of Perry ad valorem taxes, including ad valorem taxes to pay interest on and retire bonded indebtedness, in the amount of $8,000.00 on a homestead owned and occupied by him or her as a residence if his or her adjusted gross income, together with the adjusted gross income of his or her spouse who also occupies and

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resides at such homestead, does not exceed $10,000.00 for the immediately preceding taxable year. For the purposes of this paragraph, the term `adjusted gross income' shall have the same meaning as that term is defined in the Internal Revenue Code of 1954, as now or hereafter amended, except that adjusted gross income shall not include income or benefits which are received as retirement, survivor or disability benefits under the Federal Social Security Act, or under any other public or private retirement, disability or pension system, except such income or benefits which are in excess of
the maximum amount authorized to be received by an individual and his or her spouse under the Federal Social Security Act, as now or hereafter amended. The value of the residence in excess of the above exempted amount shall remain subject to taxation. In order to qualify for the exemption provided for herein as being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than two physicians licensed to practice medicine under the laws of Georgia, as now or hereafter amended, certifying that in the opinion of such physician or physicians such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Any such owner shall not receive the benefits of such homestead exemption unless he or she or his or her agent files an affidavit with the Tax Commissioner of Houston County, giving his or her age, or if disabled the certificate
or certificates provided for herein, and the amount of income which he or she and his or her 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 Com-
missioner to make a determination as to whether such owner is entitled to such exemption. The Tax Commissioner shall provide affidavit forms for this purpose. Such applications shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto. Provided, that after any such owner has filed the proper affidavit, and certificate or certificates if disabled, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he or she make application and file the said affidavit and certificate thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any such owner, however, to notify the Tax Commissioner in the event he or she becomes ineligible for any

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reason for the exemption provided in this paragraph. The General Assembly may provide by law for the proper administration of this exemption, including penalties necessary therefor. The Tax Commissioner shall furnish the City of Perry each year a list of persons qualifying for the exemption. The homestead exemption provided for herein shall apply to all taxable years beginning after December 31, 1980."
Section 2. That certain amendment to Article VII, Section I, Paragraph IV of the Constitution of 1945, which reads as follows:
"The City of Perry shall be authorized to grant to each person who is sixty-five (65) years of age or over an exemption from all ad valorem taxes levied by such city in the amount of $4,000.00 on the homestead owned and occupied by such person 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, except as hereinafter provided, does not exceed $6,000.00 for the immediately preceding taxable year for income tax purposes. For the purposes of this paragraph, net income shall not include income received as retirement, survivor or disability benefits under the Federal Social Security Act or under any other public or private retirement, disability or pension system, except such income which is in excess of, the maximum amount authorized to be paid to an individual and his spouse under the Federal Social Security Act, and income from such sources in excess of such maximum amount shall be included as net income for the purposes of this paragraph.",
is hereby repealed in its entirety.
Section 3. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide a homestead exemption of $8,000.00 from all City of Perry ad valorem taxes for each
] NO resident of the city who is 62 years of age or over

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or disabled if his or her adjusted gross income, together with the adjusted gross income of his or her spouse who also occupies and resides at such homestead, does not exceed $10,000.00, exclusive of certain retirement, survivor, disability, and pension benefits?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
Section 4. That certain resolution entitled "A Resolution proposing an amendment to the Constitution so as to increase the amount of the homestead exemption from city ad valorem taxes allowed for elderly residents of the City of Perry," which is found at Ga. Laws 1979, p. 1817, is hereby repealed in its entirety.

CATOOSA COUNTY - BOARD OF TAX ADMINISTRATORS.
Proposed Amendment to the Constitution.
No. 198 (House Resolution No. 731-1753).
A RESOLUTION
Proposing an amendment to the Constitution so as to change the compensation of the Board of Tax Administrators for Catoosa County; to provide a method for filling vacancies on the board; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

GEORGIA LAWS 1980 SESSION

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BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VI, Section XVII, Paragraph I of the Constitution is hereby amended by striking from a certain unnumbered paragraph the following:
"Compensation of the members of the Board of Tax Administrators herein created shall be $15.00 per day for each day of actual service, plus actual expenses, said compensation to be payable monthly out of county funds.",
and inserting in lieu thereof the following:
"The members of the Board of Tax Administrators herein created shall receive as compensation the amount of $100.00 for the first meeting of every month and $50.00 for the second meeting of every month; provided, however, that said board may meet a greater number than two times in any given month but shall not receive additional compensation for those extra meetings. Said compensation shall be payable monthly out of county funds.",
so that when so amended that certain unnumbered paragraph shall read as follows:
"The power and authority to levy taxes and evaluate property in Catoosa County is hereby vested in a Board of Tax Administrators, which is hereby created for that purpose. The Board of Tax Administrators shall be composed of three members elected by the qualified voters of the entire county. To be eligible for election to the Board of Tax Administrators, a person must be at least 25 years of age, a resident of this State and said county for at least two years, and qualified to vote in the election for members of the General Assembly. Said board is authorized to appoint and employ qualified and professional appraisers to determine the true market value of the taxable property located in Catoosa County and to provide the compensation for such appraisers. The members of the Board of Tax Administrators herein created shall receive as compensation the amount of $100.00 for the first meeting of every month and $50.00 for the second meeting of every month; provided, however, that said board may meet a greater number than two times in any given month but shall not receive additional compensation for those extra

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meetings. Said compensation shall be payable monthly out of county funds. The Board of Tax Administrators shall be subject to all the provisions of the law with respect to levying taxes and evaluating property not in conflict with this paragraph."
Section 2. Article VI, Section XVII, Paragraph I of the Constitution is further amended by adding at the end of a certain unnumbered paragraph the following:
"If for any reason a position on said board becomes vacant, the grand jury of Catoosa County shall appoint a qualified individual to fill the vacancy until a successor may be chosen at the next general or primary election.",
so that when so amended that certain unnumbered paragraph shall read as follows:
"Not less than five nor more than fifteen days after the date of ratification of this amendment, it shall be the duty of the judge of the Probate Court of Catoosa County to issue the call for an election for the purpose of electing members to the Board of Tax Administrators. The judge of the probate court shall set the date of such election not less than ten nor more than twenty days after the date of the issuance of the call. The judge of the probate court shall cause the date and purpose of the election to be published once a week for two weeks preceding the date thereof in the official organ of Catoosa County. The members of the Board of Tax Administrators elected at such election shall take office immediately and serve until January y 1961, and until their successors are elected and qualified. Thereafter, all elections shall be held at the same time as the election for other county officers and the members elected to the Board of Tax Administrators at such elections shall serve for a term of four years and until their successors are elected and qualified. All persons elected to the membership on the Board of Tax Administrators shall subscribe to an official oath prescribed by the County Commissioner and shall execute a bond in the amount of $2,000, conditioned upon the faithful and honest discharge of their duties, payable to said Commissioner. If for any reason a position on said board becomes vacant, the grand jury of Catoosa County shall appoint a qualified individual to fill the vacancy until a successor may be chosen at the next general or primary election."

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Section 3. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to change the compensation of the members of the Board of Tax Administrators for Catoosa County from $15.00 per day for each day of actual service plus actual expenses to $100.00 for the
[ ] NO first meeting of every month and $50.00 for the second meeting of every month; provided, however, that said board may meet a greater number than two times in any given month but shall not receive additional compensation for those extra meetings and be further amended so as to provide that the grand jury of Catoosa County will appoint a qualified individual to fill any vacancy which may occur on said board until a successor may be chosen at the next general or primary election?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

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CHATHAM COUNTY -- CITY OF SAVANNAH fflg CONSOLIDATION VOTES.
Proposed Amendment to the Constitution.
No. 199 (House Resolution No. 831-1900).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for a countywide vote in Chatham County on any local Act consolidating the governments of Chatham County and the City of Savannah and creating a new successor countywide government; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The amendment to the Constitution relating to the consolidation of the governments of Chatham County and the City of Savannah, which was ratified at the general election held in 1972, and which is set forth in Volume I of the 1972 laws at pages 1466 through 1471, and which was continued in force and effect by the Constitution of 1976, is hereby amended by striking from said above described 1972 amendment the following paragraph:
"(d) Said local Act creating said county-wide government shall have no legal force and effect, unless approved by a majority of the qualified voters voting in the City of Savannah and by a majority of the qualified voters voting in the unincorporated area of Chatham County.",
and substituting in lieu thereof the following paragraph:
"(d) Said local Act creating said countywide government shall have no legal force and effect unless approved by a majority of the qualified voters voting in Chatham County on a countywide basis."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.

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The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide for a countywide vote in Chatham
[ ] NO County on any local Act consolidating the governments of Chatham County and creating a new successor countywide government?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

BANKS COUNTY -- JURISDICTION OF JUSTICES OF THE PEACE.
Proposed Amendment to the Constitution.
No. 200 (House Resolution No. 450-1145).
A RESOLUTION
Proposing an amendment to the Constitution so as to increase the civil jurisdiction of justices of the peace in Banks County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VI, Section VII, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

"Notwithstanding any other provisions of this Constitution to the contrary, justices of the peace in Banks County shall have jurisdiction in all civil cases arising ex contractu and in all cases of injury or damage to and conversion of personal property when the principal sum does not exceed $500.00."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to increase the civil jurisdiction of justices of the
[ ] NO peace in Banks County from $200.00 to $500.00?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

LOWNDES COUNTY JURISDICTION OF JUSTICES OF THE PEACE.
Proposed Amendment to the Constitution.
No. 201 (House Resolution No. 453-1145).
A RESOLUTION
Proposing an amendment to the Constitution so as to increase the civil jurisdiction of justices of the peace in Lowndes County; to

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provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VI, Section VII, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following:
"Notwithstanding any other provisions of this Constitution to the contrary, justices of the peace in Lowndes County shall have jurisdiction in all civil cases arising ex contractu and in all cases of injury or damage to and conversion of personal property when the principal sum does not exceed $ 1,000.00."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to increase the civil jurisdiction of justices of the
[ ] NO peace in Lowndes County from $200.00 to $1,000.00?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

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RICHMOND COUNTY - AD VALOREM TAXATION.
Proposed Amendment to the Constitution.
No. 202 (House Resolution No. 456-1162).
A RESOLUTION
Proposing an amendment to the Constitution so as to permit the General Assembly to authorize local taxing jurisdictions in Richmond County to grant discounts for early payment of ad valorem taxes; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA;
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding a new paragraph immediately preceding the last paragraph thereof to read as follows:
"Subject to the conditions provided by local law, the General Assembly may authorize each local taxing jurisdiction in Richmond County to grant a reasonable discount for early payment of ad valorem taxes owed to the local taxing jurisdiction. No such discount shall be granted except upon payment in full by the taxpayer of all ad valorem taxes due and payable to the local taxing jurisdiction."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
BjjiM ] YES Shall the Constitution be amended so as to permit the General Assembly to authorize local
[ ] NO taxing jurisdictions in Richmond County to grant discounts for early payment of ad valorem taxes?"

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All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

HOUSTON COUNTY - HOMESTEAD EXEMPTIONS.
Proposed Amendment to the Constitution.
No. 203 (House Resolution No. 458-1171).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide a homestead exemption of $8,000.00 from all Houston County and Houston County School District ad valorem taxes for each resident of Houston County who is 62 years of age or over or disabled if his adjusted gross income, .together with the adjusted gross income of his spouse who also occupies and resides at such homestead, does not exceed $10,000.00, exclusive of certain retirement, survivor, disability, and pension benefits; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
RE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following:
"Any other provisions of this Constitution to the contrary notwithstanding, each resident of Houston County who is 62 years of age or over or who is disabled is hereby granted an exemption from all Houston County and Houston County School District ad valorem taxes, including ad valorem taxes to pay interest on and retire

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bonded indebtedness, in the amount of $8,000.00 on a homestead owned and occupied by him as a residence if his adjusted gross income, together with the adjusted gross income of his spouse who also occupies and resides at such homestead, does not exceed $10,000.00 for the immediately preceding taxable year. For the purposes of this paragraph, the term `adjusted gross income' shall have the same meaning as that term is defined in the Internal Revenue Code of 1954, as now or hereafter amended, except that adjusted gross income shall not include income or benefits which are received as retirement, survivor or disability benefits under the Federal Social Security Act, or under any other public or private retirement, disability or pension system, except such income or benefits which are in excess of the maximum amount authorized to be received by an individual and his spouse under the Federal Social Security Act, as now or hereafter amended. The value of the residence in excess of the above exempted amount shall remain subject to taxation. In order to qualify for the exemption provided for herein as being disabled, the person claiming such exemption shall
be required to obtain a certificate from not more than two physicians licensed to practice medicine under the laws of Georgia, as now or hereafter amended, certifying that in the opinion of such physician or physicians such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Any such owner shall not receive the benefits of such homestead exemption unless he or his agent files an affidavit with the Tax Commissioner of Houston County, giving his age, or if disabled the certificate or certificates provided for herein, 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 benefts of such exemption as will enable the Tax Commissioner to make a determination as to whether such owner is entitled to such exemption. The Tax Commissioner shall provide affidavit forms for this purpose. Such applications shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of
homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto. Provided, that after any such owner has filed the proper affidavit, and certificate or certificates if disabled, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he make application and file the said affidavit and certificate thereafter for any year and the

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said exemption shall continue to be allowed to such owner. It shall be the duty of any such owner, however, to notify the Tax Commissioner in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The General Assembly may provide by law for the proper administration of this exemption, including penalties necessary therefor. It is specifically provided that the homestead exemption provided for herein shall not apply to the one-quarter mill ad valorem tax levied by the state, but in all other respects such homestead exemption shall supersede and replace a homestead exemption from county taxes for residents of Houston County who are 65 years of age or over and a homestead exemption from school taxes for Houston County residents who are 62 years of age or over when such homestead exemptions have been provided by previously existing provisions of this Constitution. The homestead exemptions provided for herein shall apply to all taxable years beginning after December 31,1980."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide a homestead exemption of $8,000.00 from all Houston County and Houston County
[ ] NO School District ad valorem taxes for each resident of Houston County who is 62 years of age or over or disabled if his adjusted gross income, together with the adjusted gross income of his spouse who also occupies and resides at such homestead, does not exceed $10,000.00, exclusive of certain retirement, survivor, disability, and pension benefits?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."

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

PAYMENT OF AN INDEMNIFICATION TO CERTAIN LAW ENFORCEMENT OFFICERS, FIREMEN AND PRISON GUARDS.
Proposed Amendment to the Constitution.
No. 204 (House Resolution No. 459-1190).
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the payment of an indemnification to certain law enforcement officers, firemen, and prison guards permanently disabled in the line of duty; to provide for submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article III, Section VIII, Paragraph XII of the Constitution is hereby amended by striking subparagraph 7. thereof in its entirety and substituting in lieu thereof a new subparagraph 7. to read as follows:
"7. The General Assembly is hereby authorized to provide by law for a program of indemnification with respect to the death or permanent disability, as defined by law, of any law enforcement officer, fireman, or prison guard who is or has been killed in the line of duty subsequent to January 1, 1973, or permanently disabled in the line of duty subsequent to January 1, 1979. Such law may provide for the method of payment of such indemnification and all other matters relative thereto; provided, that no such law may provide an indemnification with respect to the death or permanent dis-

GEORGIA LAWS 1980 SESSION

2167

ability of a law enforcement officer, fireman, or prison guard which is in excess of $50,000. Upon indemnification being paid with respect to the permanent disability of a law enforcement officer, fireman, or prison guard, no further indemnification under the provisions of this subparagraph shall be paid upon the death of such person. The General Assembly is hereby authorized to levy taxes and to appropriate State funds, to provide for insurance, to provide for a continuing fund or to provide for a combination thereof for the purpose of providing payment of such indemnification and for the purpose of implementing any law which has been or shall be enacted pursuant to the provisions of this paragraph."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to authorize the State to provide an indemnifica-
[ ] NO tion of up to $50,000 for law enforcement officers, firemen, and prison guards permanently disabled in the line of duty?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

TOWNS COUNTY BOARD OF EDUCATION USE OF FUNDS.
Proposed Amendment to the Constitution.
No. 205 (House Resolution No. 461-1190).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the Towns County Board of Education shall have the authority to expend funds to finance all or part of the employer and employee contributions to any health insurance plan for retired public school teachers created by the general law of this state; to provide for submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article III, Section VIII, Paragraph XII of the Constitution is hereby amended by adding immediately after the following:
"9. Notwithstanding any other provisions of this Constitution, the General Assembly is hereby authorized to provide by law for a health insurance plan for retired public school teachers. The General Assembly shall be authorized to appropriate funds to finance the administration of the plan and the employer contributions of such retired persons.",
the following:
"The Towns County Board of Education is hereby authorized to expend funds to pay all or part of the employer or employee contributions required by any health insurance plan for retired public school teachers provided by the general law of this state."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.

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The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide that the Towns County Board of Educa-
[ ] NO tion shall have the authority to expend funds to finance all or part of the employer and employee contributions to any health insurance plan for retired public school teachers created by the general law of this state?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."

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

CITY OF DANVILLE - HOMESTEAD EXEMPTIONS.
Proposed Amendment to the Constitution.
No. 206 (House Resolution No. 476-1248).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that residents of the City of Danville who are 60 years of age or over shall be granted a homestead exemption from ad valorem taxation by said city; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following paragraph:
"Each resident of the City of Danville who is 60 years of age or older prior to the first day of the tax year is hereby granted an exemption for the tax year in the amount of $2,000.00 for the tax year beginning January 1, 1981, and in the amount of $4,000.00 for all tax years beginning on or after January 1, 1982, on his or her homestead from all ad valorem taxation by the City of Danville so long as any such resident of the City of Danville actually occupies said homestead as his residence. There shall be no more than one such exemption per homestead. The value of the homestead in excess of the above exempted amount shall remain subject to ad valorem taxation by the City of Danville. No resident shall be qualified to receive the benefits of such homestead exemption unless he files an affidavit with the governing authority of the City of Danville, or with a person designated by the governing authority of the City of Danville, giving his age and any additional information as may be required to enable the governing authority of the City of Danville, or the person designated by the governing authority of the City of Danville, to make a determination as to whether such owner is entitled to such exemption. The governing authority of the City of Danville, or the person designated by the said governing authority, shall provide affidavit forms for this purpose. After any such owner has filed the proper affidavit, as provided above, and has been allowed the exemption provided for herein, it shall not be necessary that he make application and file the said affidavit thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any such owner, however, to notify the governing authority of the City of Danville, or the person designated by the governing authority of the City of Danville, in the event he becomes ineligible for the exemption provided in this paragraph. The governing authority of the City of Danville, or the person designated by said governing authority, shall provide for the proper administration of this exemption."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.

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The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide that residents of the City of Danville
! ] NO who are 60 years of age or over shall be granted a homestead exemption of $2,000.00 in 1981 and $4,000.00 thereafter from ad valorem taxation by said city?"

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

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

NEWTON COUNTY - HOMESTEAD EXEMPTIONS.
Proposed Amendment to the Constitution.
No. 207 (House Resolution No. 478-1260).
A RESOLUTION
Proposing an amendment to the Constitution so as to grant each resident of Newton County a homestead exemption of $4,000.00 from all Newton County ad valorem taxes including ad valorem taxes for the Newton County School District; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following:
"Any other provisions of this Constitution to the contrary notwithstanding, each resident of Newton County is hereby granted an exemption from all Newton County ad valorem taxes, including ad valorem taxes for the Newton County School District, in the amount of $4,000.00 of the value of the homestead owned and occupied by said resident as a homestead within Newton County. For the purpose of Newton County ad valorem taxes, including ad valorem taxes for the Newton County School District, the homestead exemption granted herein shall be in lieu of the heretofore existing basic homestead exemption of $2,000.00, and the provisions of this Constitution and of law relating to such basic homestead exemption shall apply to the homestead exemption granted herein, except for the amount thereof and except that application for the homestead exemption granted herein shall be filed in the office of the Tax Commissioner of Newton County on or before March 1 of the year in which the exemption is sought. The owner of a homestead qualifying for the exemption granted herein shall have to apply for said exemption only one time so long as the owner remains in continuous occupation of the residence as a homestead. Each such exemption shall automatically be renewed from year to year as long as the owner continuously occupies the residence as a homestead."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to grant each resident of Newton County a homestead ex-
[ ] NO emption of $4,000.00 from all Newton County ad valorem taxes including ad valorem taxes for the Newton County School District?"

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

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

MURRAY COUNTY - JURISDICTION OF JUSTICES OF THE PEACE.
Proposed Amendment to the Constitution.
No. 208 (House Resolution No. 481-1260).
A RESOLUTION
Proposing an amendment to the Constitution so as to increase the dollar amount of civil cases over which the Justices of the Peace of Murray County shall have jurisdiction; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VI, Section VII, Paragraph II of the Constitution is hereby amended by providing at the end thereof the following paragraph:
"Provided, however, that in Murray County, the justices of the peace shall have jurisdiction in all civil cases arising ex contractu, tort to persons, and in cases of injury or damage to and conversion of personal property, when the principal sum does not exceed $ 1,000.00, 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 regulations as may be prescribed by law."

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Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to increase the dollar amount of civil cases over
[ ] NO which the Justices of the Peace in Murray County shall have jurisdiction from $200.00 to $1,000.00?"

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

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

VENUE OF JUVENILE COURT CASES.
Proposed Amendment to the Constitution.
No. 209 (House Resolution No. 483-1270).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the venue of juvenile court cases may be determined by reference to the Juvenile Court Code of Georgia; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VI, Section XIV, Paragraph VI of the Constitution is hereby amended by striking Paragraph VI, which reads as follows:
"Paragraph VI. All Other Cases. All other civil cases shall be tried in the county where the defendant resides, and all criminal cases shall be tried in the county where the crime was committed, except cases in the Superior Courts where the Judge is satisfied that an impartial jury cannot be obtained in such county.",
in its entirety and substituting in lieu thereof a new Article VI, Section XIV, Paragraph VI to read as follows:
"Paragraph VI. All Other Cases. All other civil cases, except juvenile court cases as may otherwise be provided by the Juvenile Court Code of Georgia, shall be tried in the county where the defendant resides, and all criminal cases shall be tried in the county where the crime was committed, except cases in the Superior Courts where the Judge is satisfied that an impartial jury cannot be obtained in such county."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide that the venue of juvenile court cases
[ p NO may be determined by reference to the Juvenile Court Code of Georgia?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

FLOYD COUNTY:$yJURISDICTION OF JUSTICES OF THE PEACE.
Proposed Amendment to the Constitution.
No. 210 (House Resolution No. 492-1291).
A RESOLUTION
Proposing an amendment to the Constitution so as to increase the maximum dollar amount for civil cases over which the justices of the peace in Floyd County shall have jurisdiction from $200.00 to $500.00 and to authorize the General Assembly to increase said jurisdiction to an amount not to exceed $ 1,000.00; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section i Article VI, Section VII, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following paragraph:
"Provided, however, that in Floyd County, the 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 $500.00; and the General Assembly is hereby authorized to increase from time to time, by local law, such jurisdiction as to principal sum to an amount not to exceed $ 1,000.00. The authority provided by this paragraph may'be exercised by the General Assembly notwithstanding any general law heretofore or hereafter enacted dealing with the subject matter of this paragraph, and any local law adopted pursuant to the authority of this paragraph shall control the subject matter thereof as to Floyd County, notwithstanding the provisions of any conflicting general law."

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Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to increase the maximum dollar amount for civil
[ ] NO cases over which the justices of the peace in Floyd County shall have jurisdiction from $200.00 to $500.00 and to authorize the General Assembly to increase said jurisdiction to an amount not to exceed $ 1,000.00?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

RICHMOND COUNTY B AD VALOREM TAXATION.
Proposed Amendment to the Constitution.
No. 211 (House Resolution No. 516-1355).
A RESOLUTION
Proposing an amendment to the Constitution so as to limit the power of local taxing jurisdictions in Richmond County to levy and collect ad valorem taxes; to provide for submission of this amendment of ratification or rejection; and for other purposes. 69

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GENERAL ACTS AND RESOLUTIONS, VOL. I

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph II of the Constitution is hereby amended by adding a new paragraph at the end thereof to read as follows:
"Notwithstanding any other provision of this Constitution, no local taxing jurisdiction in Richmond County may levy or collect an ad valorem tax in any tax year beginning on or after January 1, 1981, at a mill rate higher than the ad valorem tax mill rate authorized in this paragraph, unless the mill rate is approved by a majority of the qualified electors of the local taxing jurisdiction voting in a referendum called for such purpose. The maximum mill rate each such local taxing jurisdiction may levy in any tax year without a referendum as provided in this paragraph shall be determined as follows: (1) multiply the mill rate levied by the local taxing jurisdiction for the tax year beginning January 1, 1979, exclusive of any grants from the State of Georgia which may have been used to reduce the net millage rate for 1979, by 107%; (2) then, multiply the mill rate determined in (1), above, by a fraction the numerator of which is the net taxable digest for the local taxing jurisdiction for the tax year preceding the year the tax is to be levied; rounded off to the nearest $10,000,000.00 and the denominator of which is the net taxable digest for the local taxing jurisdiction for the tax year in which the levy is to be made, rounded off to the nearest $10,000,000.00; (3) then, reduce the mill rate determined in (2), above, by the mill rate which, if levied against the taxable property within the local taxing jurisdiction, would produce an amount of revenue equal to the amount of any proceeds received by the local taxing jurisdiction in the immediately preceding tax year from a local sales and use tax.
This Act shall apply to the tax year beginning January 1, 1981, and each succeeding year.
The mill rate determined after the reduction provided for in (3), above, shall be the maximum mill rate which may be levied in the applicable tax year by the local taxing jurisdiction except as provided for below." In the event the governing authority of a local taxing jurisdiction desires to seek approval at a referendum for the levy in any tax year of a mill rate greater than the mill rate autho-

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rized in-this paragraph, the governing authority shall hold not less than three public hearings on the proposed mill rate at different locations within the limits of the local taxing jurisdiction prior to the date of the referendum. Notice of each such public hearing shall be published in the legal organ of the local taxing jurisdiction for at least three consecutive weeks immediately preceding the week the meeting is to be held and shall also be made as may otherwise be required by law.
The tax limitation set forth above shall exclude and not include any expenditures made or caused to be made by the local taxing jurisdiction as determined from time to time on a case by case basis for the following express purposes:
(a) Bonded indebtedness incurred as a result of a referendum by the voters approving such bonded indebtedness:
(b) Any expenditure for the replacement of or provision for any direct loss suffered by the local taxing jurisdiction as the result of any peril, catastrophe, or emergency which includes, but is not limited to, fire, lightning, wind, hail, water, storm, war, insurrection, riot, earthquake, nuclear occurrence, seizure, explosion, freezing, aircrafts, vehicles, or other similar catastrophe or acts of God; with the amount to be levied to cover such emergency not to exceed the actual cash outlay, considering all insurance payments from other sources to which said taxing jurisdiction may be entitled, which the taxing jurisdiction actually incurs as the result of said loss, including professional fees and other similar expenses required to place the taxing jurisdiction in the same position in which it would have been had such perils, catastrophe, or emergency not occurred; provided, however, the governing body of the taxing jurisdiction declares by a two-thirds majority that the emergency does exist and the expenditures are in fact to be made as the result of the emergency.
The General Assembly may, by local law, authorize the levy of additional assessments to provide for capital improvements, judicial commands and precepts, or mandated programs not funded by state or federal funds, and establish procedures for the administration of the provisions of this paragraph."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.

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The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to require a referendum before a local taxing
[ ] NO jurisdiction in Richmond County may levy an ad valorem tax mill rate greater than a mill rate determined based upon the mill rate levied in 1979?"

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

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

TWIGGS COUNTY - HOMESTEAD EXEMPTIONS.
Proposed Amendment to the Constitution.
No. 212 (House Resolution No. 518-1361).
A RESOLUTION
Proposing an amendment to the Constitution so as to change the amount of certain homestead exemptions from ad valorem taxes levied for county and school purposes in Twiggs County; to provide for submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding after the paragraph which reads as follows:

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"The homestead of each resident of Georgia actually occupied by the owner as a residence and homestead, and only so long as actually occupied by the owner primarily as such, but not to exceed $2,000.00 of its value, is hereby exempted from all ad valorem taxation for State, County and school purposes, except taxes levied by municipalities for school purposes and except to pay interest on and retire bonded indebtedness, provided, however, should the owner of a dwelling house on a farm, who is already entitled to homestead exemption, participate in the program of rural housing and obtain a new house under contract with 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 $ 1,250.00. The value of 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.",
a new paragraph to read as follows:
"For purposes of the application of the exemption granted in the immediately preceding paragraph to taxes levied in Twiggs County for county and school purposes, the exemption is hereby increased to $4,000.00 for the tax year beginning January 1, 1981; to $5,000.00 for the tax year beginning January 1, 1982; and to $6,000.00 for all tax years beginning on or after January 1, 1983. In the event the immediately preceding paragraph is amended so as to increase the exemption authorized in that paragraph to an amount in excess of the amount granted in this paragraph, the amount of exemption provided for in the immediately preceding paragraph shall prevail."
Section 2. Article VII, Section I, Paragraph IV of the Constitution is further amended by adding after the paragraph which reads as follows:
"Each person who is sixty-five (65) years of age or over is hereby granted an exemption from all State and county ad valorem taxes in the amount of $4,000.00 on a homestead owned and occupied by him as a residence if his net income, together with the net income of his spouse who also occupies and resides at such homestead, as net

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GENERAL ACTS AND RESOLUTIONS, VOL. I

income is defined by Georgia law, from all sources, except as hereinafter provided, does not exceed $4,000.00 for the immediately preceding taxable year for income tax purposes. For the purposes of this paragraph, net income shall not include income received as retirement, survivor or disability benefits under the Federal Social Security Act or under any other public or private retirement, disability or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and his spouse under the Federal Social Security Act, and income from such sources in excess of such maximum amount shall be included as net income for the purposes of this paragraph. The value of the residence in excess of the above exempted amount shall remain subject to taxation. Any such owner shall not receive the benefits of such homestead exemption unless he, or through his agent, files an affidavit with the tax commissioner or tax receiver of the county in which he resides, giving his age and the amount of income which he and his spouse received during the last taxable year for income tax purposes, and such additional information relative to receiving the benefits of such exemption as will enable the tax commissioner or tax receiver to make a determination as to whether such owner is entitled to such exemption. The tax 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. Provided, that after any such owner has filed the proper affidavit, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he make application and file the said affidavit thereafter fpr any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any such owner, however, to notify the tax commissioner or tax receiver in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The General Assembly may provide by law for the proper administration of this exemption including penalties necessary therefor. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 1974.",
a new paragraph to read as follows:
"For purposes of the application of the exemption granted in the immediately preceding paragraph to taxes levied in Twiggs County

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for county purposes, the exemption is hereby increased to $6,000.00 for the tax year beginning January 1, 1981; to $7,000.00 for the tax year beginning January 1, 1982; and to $8,000.00 for all tax years beginning on or after January 1, 1983. In the event the immediately preceding paragraph is amended so as to increase the exemption authorized in that paragraph to an amount in excess of the amount granted in this paragraph, the amount of exemption provided for in the immediately preceding paragraph shall prevail."
Section 3. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
. `'i:-: ] YES Shall the Constitution be amended so as to increase the Twiggs County homestead exemp-
[ ] NO tion from taxes levied for county and school purposes to $4,000.00 in 1981, $5,000.00 in 1982, and $6,000.00 in 1983 and thereafter and to increase the exemption allowed from county taxes for certain persons aged 65 or over to $6,000.00 in 1981, $7,000.00 in 1982, and $8,000.00 in 1983 and thereafter?"

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

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

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BARTOW COUNTY - JURISDICTION OF JUSTICES OF THE PEACE.
Proposed Amendment to the Constitution.
No. 213 (House Resolution No. 519-1361).
A RESOLUTION
Proposing an amendment to the Constitution so as to increase the dollar amount of civil cases over which the Justices of the Peace of Bartow County shall have jurisdiction; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VI, Section VII, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following paragraph:
"Provided, however, that in Bartow County the 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 $1,000.00 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 regulations as may be prescribed by law."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"[ ] YES Shall the Constitution be amended so as to increase the dollar amount of civil cases over
[ ] NO which the Justices of the Peace in Bartow County shall have jurisdiction to $ 1,000.00?"

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

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

BARTOW COUNTY SCHOOL DISTRICT s* HOMESTEAD EXEMPTIONS.
Proposed Amendment to the Constitution.
No. 214 (House Resolution No. 520-1361).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that each resident of the Bartow County School District who is sixtytwo years of age or over and whose income from all sources, including the income of all family members residing within said homestead, does not exceed $12,000.00 per annum shall be granted an exemption from all Bartow County School District taxes on the full value of his homestead owned and occupied by him as a residence; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following paragraph:
"The homestead of each resident of the Bartow County School District who is sixty-two years of age or over and who does not have an income from all sources, including the income of all members of the family residing within said homestead, exceeding $12,000.00

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per annum, shall be exempt by law from all ad valorem taxation for educational purposes levied for and in behalf of such school system, including taxes to retire school bond indebtedness. No such exemption shall be granted unless an affidavit of the owner of the homestead is filed with the Tax Commissioner of Bartow County giving his age, the amount of income which he received for the immediately preceding calendar year, the income which the members of his family residing within the homestead received for such period, and such other additional information relative to receiving the benefits of the exemption granted by this paragraph as will enable the tax commissioner to make a determination as to whether such owner is entitled to said exemption. The tax commissioner shall provide affidavit forms for this purpose. The exemption granted to the homestead within this paragraph shall extend to and shall apply to those properties, the legal title to which is vested in one or more titleholders, if actually occupied by one or more such owners as a residence, and one or more such titleholders possesses the qualifications provided for in this paragraph. In such instances, such exemptions shall be granted to such properties, if claimed in the manner herein provided by one or more of the owners actually residing in such property. Such exemptions shall also extend to those homesteads, the title to which is vested in an administrator, executor or trustee, if one or more of the heirs or cestui que uses residing on such property shall possess the qualifications provided for herein and shall claim the exemptions granted by this paragraph in the manner herein provided. The exemption provided for herein shall apply to all taxable years beginning after December 31, 1980."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide that each resident of the Bartow County
[ ] NO School District who is sixty-two years of age or over and whose income from all sources, including the income of all family members residing within said homestead, does not exceed $12,000.00 per annum shall be granted an ex-

GEORGIA LAWS 1980 SESSION

2187

emption from all Bartow County School District taxes on the full value of his homestead owned and occupied by him as a residence?"

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

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

NEWTON COUNTY ^ HOMESTEAD EXEMPTIONS.
Proposed Amendment to the Constitution.
No. 215 (House Resolution No. 521-1370).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide a homestead exemption of $8,000.00 from all Newton County and Newton County School District ad valorem taxes for each resident of Newton County who is 65 years of age or over or disabled if his adjusted gross income, together with the adjusted gross income of his spouse who also occupies and resides at such homestead, does not exceed $ 10,000.00, exclusive of certain retirement, survivor, disability, and pension benefits; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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GENERAL ACTS AND RESOLUTIONS, VOL, I

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following:
"Any other provisions of this Constitution to the contrary notwithstanding, each resident of Newton County who is 65 years of age or over or who is disabled is hereby granted an exemption from all Newton County and Newton County School District ad valorem taxes, including ad valorem taxes to pay interest on and retire bonded indebtedness, in the amount of $8,000.00 on a homestead owned and occupied by him as a residence if his adjusted gross income, together with the adjusted gross income of his spouse who also occupies and resides at such homestead, does not exceed $10,000.00 for the immediately preceding taxable year. For the purposes of this paragraph, the term `adjusted gross income' shall have the same meaning as that term is defined in the Internal Revenue Code of 1954^; as now or hereafter amended, except that adjusted gross income shall not include income or benefits which are received as retirement, survivor or disability benefits under the Federal Social Security Act, or under any other public or private retirement, disability or pension system, except such income or benefits which are in excess of the maximum amount authorized to be received by an individual and his spouse under the Federal Social Security Act, as now or hereafter amended. The value of the residence in excess of the above exempted amount shall remain subject to taxation. In order to qualify for the exemption provided for herein as being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than two physicians licensed to practice medicine under the laws of Georgia, as now or hereafter amended, certifying that in the opinion of such physician or physicians such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Any such owner shall not receive the benefits of such homestead exemption unless he or his agent files an affidavit with the Tax Commissioner of Newton County, giving his age, or if disabled the certificate or certificates provided for herein, 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 Com-

GEORGIA LAWS 1980 SESSION

2189

missioner to make a determination as to whether such owner is entitled to such exemption. The Tax Commissioner shall provide affidavit forms for this purpose. Such applications shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto. Provided, that after any such owner has filed the proper affidavit, and certificate or certificates if disabled, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he make application and file the said affidavit and certificate thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any such owner, however, to notify the Tax Commissioner in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The General Assembly may provide by law for the proper administration of this exemption, including penalties necessary therefor. It is specifically provided that the homestead exemption provided for herein shall not apply to the one-quarter mill ad valorem tax levied by the state, but in all other respects such homestead exemption shall supersede and replace a homestead exemption from county taxes for residents of Newton County who are 65 years of age or over and a homestead exemption from school taxes for Newton County residents who are 62 years of age or over when such homestead exemptions have been provided by previously existing provisions of this Constitution. The homestead exemptions provided for herein shall apply to all taxable years beginning after December 31, 1980."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
tivt?{u ] YES Shall the Constitution be amended so as to provide a homestead exemption of $8,000.00
[ ] NO from all Newton County and Newton County School District ad valorem taxes for each resident of Newton County who is 65 years of age or over or disabled if his adjusted gross income, together with the adjusted gross income of his

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GENERAL ACTS AND RESOLUTIONS, VOL. I

spouse who also occupies and resides at such homestead, does not exceed $10,000.00, exclusive of certain retirement, survivor, disability, and pension benefits?"

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

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

RICHMOND COUNTY -a HOMESTEAD EXEMPTIONS.
Proposed Amendment to the Constitution.
No. 216 (House Resolution No. 525-1379).
A RESOLUTION
Proposing an amendment to the Constitution so as to increase the homestead exemptions for tax purposes of certain property owned by residents of Richmond County; to repeal Resolution Act No. 24, found in Ga. Laws 1979, p. 1802, which proposed an amendment to the Constitution providing for an increased homestead exemption for tax purposes of certain property owned by residents of Richmond County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following:

GEORGIA LAWS 1980 SESSION

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"The homestead of each resident of Richmond County actually occupied by the owner as a residence and homestead, and only so long as actually occupied by the owner primarily as such, but not to exceed $5,000.00 of its value, is hereby exempted from all ad valorem taxation for county and school purposes, except to pay interest on and retire bonded indebtedness. The value of all property in excess of the foregoing exemption shall remain subject to taxation. Said exemption shall be returned and claimed in such manner as prescribed by the General Assembly. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 1980.
Each resident of Richmond County who is 65 years of age or over is hereby granted an exemption from all Richmond County ad valorem taxes for county and school purposes, except to pay interest on and retire bonded indebtedness, in the amount of $10,000.00 on a homestead owned and occupied by him as a residence if his net income, together with the net income of his spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources, except as hereinafter provided, does not exceed $10,000.00 for the immediately preceding taxable year for income tax purposes. For the purposes of this paragraph, net income shall not include income received as retirement, survivor, or disability benefits under the Federal Social Security Act or under any other public or private retirement, disability, or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and his spouse under the Federal Social Security Act, and income from such sources in excess of such maximum amount shall be included as net income for the purposes of this paragraph. The value of the residence in excess of the above exempted amount shall remain subject to taxation. Any such owner shall not receive the benefits of such homestead exemption unless he, or through his agent, files an affidavit with the tax commissioner of Richmond County, 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 to make a determination as to whether such owner is entitled to such exemption. The tax commissioner 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

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GENERAL ACTS AND RESOLUTIONS, VOL. I

exemptions, as the same now exists or may hereafter be amended, shall apply thereto. Once any such owner has filed the proper affidavit and has been allowed the exemption provided herein, it shall not be necessary that he make application and file the said affidavit thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any such owner, however, to notify the tax commissioner in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The General Assembly may provide by law for the proper administration of this exemption including penalties necessary therefor. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 1980.
Each resident of Richmond County who is totally and permanently disabled is hereby granted an exemption from all Richmond County ad valorem taxes for county and school purposes, except to pay interest on and retire bonded indebtedness, in the amount of $10,000.00 on a homestead owned and occupied by him as a residence. For the purposes of this paragraph, the term `totally and permanently disabled person' shall mean any person who is unable to engage in any substantially gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months. A person shall not be considered to be permanently and totally disabled unless he furnishes proof of the existence thereof in such form and manner, and at such times, as the tax commissioner may require. 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 of Richmond County giving information to the effect that he is totally and permanently disabled as herein defined and such additional information relative to receiving the benefits of such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption. The tax commissioner 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. Once any such owner has filed the proper affidavit and has been allowed the exemption provided herein, it shall not be necessary that he make application and file the said affidavit thereafter for any year

GEORGIA LAWS 1980 SESSION

2193

and the said exemption shall continue to be allowed to such owner. It shall be the duty of any such owner, however, to notify the tax commissioner in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The General Assembly may provide by law for the proper administration of this exemption including penalties necessary therefor. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 1980."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to increase the amount of the homestead of each
[ ] NO resident of Richmond County, which is exempt from county and school taxes, from $2,000.00 to $5,000.00, to increase from $4,000.00 to $10,000.00 the amount of the homestead of each resident of Richmond County who is 65 years of age or over and whose income does not exceed $10,000.00, which is exempt from taxes for county and school purposes, and to allow an exemption from ad valorem taxes for county and school purposes of $10,000.00 for the homestead of each resident of Richmond County who is totally and permanently disabled?"

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

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

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GENERAL ACTS AND RESOLUTIONS, VOL. I

Section 3. Resolution Act No. 24, found in Ga. Laws 1979, p. 1802, proposing an amendment to the Constitution so as to provide for an increased homestead exemption for tax purposes of certain property owned by residents of Richmond County, is hereby repealed in its entirety.

CITY OF JEFFERSONVILLE HOMESTEAD EXEMPTIONS.
Proposed Amendment to the Constitution.
No. 217 (House Resolution No. 527-1392).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that residents of the City of Jeffersonville who are 60 years of age or over shall be granted a homestead exemption from ad valorem taxation by said city; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following paragraph:
"Each resident of the City of Jeffersonville who is 60 years of age or older prior to the first day of the tax year is hereby granted an exemption for the tax year in the amount of $2,000.00 for the tax year beginning January L, 1981, and in the amount of $4,000.00 for all tax years beginning on or after January lvl982, on his or her homestead from all ad valorem taxation by the City of Jeffersonville so long as jany such resident of the City of Jeffersonville actually occupies said homestead as his residence. There shall be no more than one such exemption per homestead. The value of the home-

GEORGIA LAWS 1980 SESSION

2195

stead in excess of the above exempted amount shall remain subject to ad valorem taxation by the City of Jeffersonville. No resident shall be qualified to receive the benefits of such homestead exemption unless he files an affidavit with the governing authority of the City of Jeffersonville, or with a person designated by the governing authority of the City of Jeffersonville, giving his age and any additional information as may be required to enable the governing authority of the City of Jeffersonville, or the person designated by the governing authority of the City of Jeffersonville, to make a determination as to whether such owner is entitled to such exemption. The governing authority of the City of Jeffersonville, or the person designated by the said governing authority, shall provide affidavit forms for this purpose. After any such owner has filed the proper affidavit, as provided above, and has been allowed the exemption provided for herein, it shall not be necessary that he make application and file the said affidavit thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any such owner, however, to notify the governing authority of the City of Jeffersonville, or the person designated by the governing authority of the City of Jeffersonville, in the event he becomes ineligible for the exemption provided in this paragraph. The governing authority of the City of Jeffersonville, or the person designated by said governing authority, shall provide for the proper administration of this exemption."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide that residents of the City of Jeffer-
f}[nc] NO sonville who are 60 years of age or over shall be granted a homestead exemption of $2,000.00 in 1981 and $4,000.00 thereafter from ad valorem taxation by said city?"

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

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GENERAL ACTS AND RESOLUTIONS, VOL. I

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

CITY OF DECATUR -- AD VALOREM TAXATION.
Proposed Amendment to the Constitution.
No. 218 (House Resolution No. 543-1416).
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authority of the City of Decatur to permit certain residents of the city to defer a portion of the city ad valorem taxes due on their homesteads; to provide conditions and limitations; to provide for submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph III of the Constitution is hereby amended by adding a new paragraph at the end thereof to read as follows:
"Subject to the conditions, procedures, and limitations provided by ordinance, the governing authority of the City of Decatur may authorize residents of the city aged 65 or older to defer all or a portion of the dollar increase in city ad valorem taxes due on their homesteads based on the dollar amount of city ad valorem taxes owed on the homestead in the tax year in which the resident reached his sixty-fifth birthday or in the tax year 1980, whichever is more. The amount of taxes deferred on a homestead shall constitute a lien on the property which shall have the same priority as any other lien for taxes. The lien shall become due and payable upon the death of the taxpayer if title to the property does not vest in the taxpayer's

GEORGIA LAWS 1980 SESSION

2197

spouse, when the property is sold or title is transferred to someone other than the taxpayer's spouse, when the property is no longer used as a homestead by the taxpayer or his spouse, or when any required insurance on the property lapses or otherwise ceases to be in force. No homestead may qualify for deferral unless the taxpayer or the taxpayer and his spouse has an equity in the property of 30 percent or more based upon the fair market value of the property as determined for purposes of ad valorem taxation. No deferral may be granted to a taxpayer when the total amount of all liens for deferred taxes, together with interest, exceeds 50 percent of the fair market value of the property as determined for purposes of ad valorem taxes. The amount of deferred taxes on any property shall bear interest, until paid, at the rate provided by law for delinquent ad valorem taxes. The property for which any deferral is claimed must have in force a fire and extended coverage insurance policy in an amount which is in excess of the sum of all outstanding liens and deferred taxes and interest with a loss payable clause to the city."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to authorize the City of Decatur to permit residents
[ ] NO who are 65 or over to defer payment of a portion of their city ad valorem taxes?"

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

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

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GENERAL ACTS AND RESOLUTIONS, VOL. I

TOWN OF TRION HOMESTEAD EXEMPTIONS.
Proposed Amendment to the Constitution.
No. 219 (House Resolution No. 544-1416).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that residents of the Town of Trion, who are 65 years of age or older, shall be granted an exemption of $2,000.00 which may be increased to not more than $4,000.00 as fixed by the affirmative vote of not less than six members of the mayor, recorder and council from time to time on their homestead from all ad valorem taxation; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following:
"Any other provisions of this Constitution to the contrary notwithstanding, each resident of the Town of Trion who is 65 years of age or over is hereby granted an exemption of $2,000.00 which may be increased to not more than $4,000.00 as fixed by the affirmative vote of not less than six members of the mayor, recorder and council from time to time on his homestead from all ad valorem taxation by the Town of Trion as long as any such resident of the Town of Trion actually occupies said homestead as his residence. The value of the homestead in excess of the above exempted amount shall remain subject to ad valorem taxation by the Town of Trion. Any such resident shall not receive the benefits of such homestead exemption unless he files an affidavit and acceptable evidence of the date of his birth with the governing authority of the Town of Trion, or with a person designated by the governing authority of the Town of Trion, giving his age and such additional information relative to receiving the benefits of such exemption as will enable the governing authority of the Town of Trion, or the person designated by the governing authority of the Town of Trion, to make a determination as to whether such owner is entitled to such exemption. The governing

GEORGIA LAWS 1980 SESSION

2199

authority of the Town of Trion, or the person designated by the said governing authority, shall provide for the proper administration of this exemption. The exemption provided for herein shall apply to all taxable years beginning after December 31, 1980, with any such increases as may be fixed as aforesaid to apply to all taxable years beginning after December 31 of the year in which any such increase shall be so fixed."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
] YES Shall the Constitution be amended so as to provide that residents of the Town of Trion who
[ ] NO are 65 years of age or older shall be granted an exemption of $2,000.00 which may be increased to not more than $4,000.00 as fixed by the affirmative vote of not less than six members of the mayor, recorder and council from time to time on their homestead from all ad valorem taxation?"

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

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

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GENERAL ACTS AND RESOLUTIONS, VOL. I

FLOYD COUNTY - JUVENILE COURT JUDGE.
Proposed Amendment to the Constitution.
No. 220 (House Resolution No. 551-1437).
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by local law for the initial appointment and subsequent election of the judge of the juvenile court of Floyd County; to provide for the terms of said judge and to shorten the term of such judge in office immediately prior to the effective date of this amendment; to provide for vacancies; to provide for the qualifications and compensation of said judge; and to provide that said judge may serve full time or part time; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article I, Section II, Paragraph VII of the Constitution is hereby amended by adding at the end thereof a new unnumbered subparagraph to read as follows:
"Notwithstanding any other provisions of this Constitution to the contrary, the General Assembly is hereby authorized to provide by local law for the initial appointment and subsequent election of the judge of the juvenile court of Floyd County, to provide for the terms of said judge, and to shorten the term of such judge in office immediately prior to the effective date of this amendment, to provide for vacancies, to provide for the qualifications and compensation of said judge and to provide that said judge may serve full time or part time. The authority provided by this paragraph may be exercised by the General Assembly notwithstanding any general law heretofore or hereafter enacted dealing with the subject matter of this paragraph, and any local law adopted pursuant to the authority of this paragraph shall control the subject matter thereof as to Floyd County, notwithstanding the provisions of any conflicting general law."

GEORGIA LAWS 1980 SESSION

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Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to authorize the General Assembly to provide by
: .[ ] NO local law for the initial appointment and subsequent election of the judge of the juvenile court of Floyd County, to provide for the terms of said judge and to shorten the term of such judge in office immediately prior to the effective date of this amendment, to provide for vacancies, to provide for the qualifications and compensation of said judge, and to provide that said judge may serve full time or part time?"

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

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

2202

GENERAL ACTS AND RESOLUTIONS, VOL. I

FLOYD COUNTY - STAGGERED TERMS OF COMMISSIONERS.
Proposed Amendment to the Constitution.
No. 221 (House Resolution No. 552-1437).
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly by local law to stagger the terms of the commissioners of Floyd County and in so doing to shorten the terms of any such commissioners in office in 1981 without the necessity of a referendum and to provide for terms of less than four years; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article IX, Section I, Paragraph VIII of the Constitution is hereby amended by adding at the end thereof a new unnumbered subparagraph to read as follows:
"Notwithstanding any other provisions of this Constitution to the contrary, the General Assembly is hereby authorized by local law to stagger the terms of the commissioners of Floyd County and in so doing to shorten the terms of any such commissioners in office in 1981 without the necessity of a referendum and to provide for terms of less than four years. The authority provided by this paragraph may be exercised by the General Assembly notwithstanding any general law heretofore or hereafter enacted dealing with the subject matter of this paragraph, and any local law adopted pursuant to the authority of this paragraph shall control the subject matter thereof as to Floyd County, notwithstanding the provisions of any conflicting general law."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.

GEORGIA LAWS 1980 SESSION

2203

The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to authorize the General Assembly by local law to
[ ] NO stagger the terms of the commissioners of Floyd County and in so doing to shorten the terms of any such commissioners in office in 1981 without the necessity of a referendum and to provide for terms of less than four years?"

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

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

TAXATION OF LIFE INSURANCE COMPANIES.
Proposed Amendment to the Constitution.
No. 222 (House Resolution No. 563-1500).
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the taxation of life insurance companies on the basis of gross direct premiums received within the unincorporated areas of counties and, in connection therewith, to authorize the reduction of ad valorem taxes within the unincorporated areas of counties; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

2204

GENERAL ACTS AND RESOLUTIONS, VOL. I

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph III of the Constitution is hereby amended by adding at the end thereof a new paragraph to read as follows:
"Notwithstanding anything to the contrary contained in this Paragraph or any other provision of this Constitution, the General Assembly may provide by law for the taxation of life insurance companies on the basis of gross direct premiums received within the unincorporated areas of counties. The tax authorized herein may be imposed by the state or by counties or by the state for county purposes as may be provided by law. The General Assembly may further provide by law for the reduction, only upon taxable property within the unincorporated areas of counties, of the ad valorem tax millage rate for county or county school district purposes or for a reduction of such ad valorem tax millage rate for both such purposes in connection with imposing or authorizing the imposition of the tax authorized herein or in connection with providing for the distribution of the proceeds derived from the tax authorized herein."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to authorize the General Assembly to provide by
[ ] NO law for the taxation of life insurance companies on the basis of gross direct premiums received within the unincorporated areas of counties and, in connection therewith, to authorize the reduction of ad valorem taxes within the unincorporated areas of counties?"

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

GEORGIA LAWS 1980 SESSION

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

TAYLOR COUNTY - HOMESTEAD EXEMPTIONS.
Proposed Amendment to the Constitution.
No. 223 (House Resolution No. 565-1512).
A RESOLUTION
Proposing an amendment to the Constitution so as to change the income limits for homestead exemptions of persons sixty-two years of age or over from ad valorem taxes levied for school purposes in the Taylor County School District; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following paragraph:
"The homestead of each resident of the Taylor County School District who is sixty-two years of age or over and who does not have a gross income from all sources, including the gross income of all members of the family residing within said homestead, exceeding $10,000.00 per annum, is hereby exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system, including taxes to retire school bond indebtedness, which exemption shall be in the same amount as may now or hereafter be exempted by general law enacted pursuant to the provisions of this Paragraph IV of Section I of Article VII of the Constitution relating to the homestead of county school district residents who are sixtytwo years of age or older with income below certain limits. The

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exemption granted by this Paragraph shall be in the same amount as the exemption granted by said general law and shall be in lieu of, and not in addition to, said exemption granted by general law. The value of the homestead in excess of the above exempted amount shall remain subject to taxation. No such exemption shall be granted unless an affidavit of the owner of the homestead is filed with the Tax Commissioner of Taylor County giving his age, the amount of gross income which he received for the immediately preceding calendar year, the gross income which the members of his family residing within the homestead received for such period, and such other additional information relative to receiving the benefits of the exemption granted by this Paragraph as will enable the tax commissioner to make a determination as to whether such owner is entitled to said exemption. The tax commissioner shall provide affidavit forms for this purpose. The exemption granted to the homestead within this Paragraph shall extend to and shall apply to those properties, the legal title to which is vested in one or more titleholders, if actually occupied by one or more such owners as a residence, and one or more such titleholders possesses the qualifications provided for in this Paragraph. In such instances, such exemptions shall be granted to such properties, if claimed in the manner herein provided by one or more of the owners actually residing on such property. Such exemptions shall also extend to those homesteads, the title to which is vested in an administrator, executor, or trustee, if one or more of the heirs or cestui que uses residing on such property shall possess the qualifications provided for herein and shall claim the exemptions granted by this Paragraph in the manner herein provided. The exemption provided for herein shall apply to all taxable years beginning after December 31, 1980. The General Assembly may provide by law for the proper administration of this exemption including penalties necessary therefor."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
] YES Shall the Constitution be amended so as to change the income limits for homestead exemp-

GEORGIA LAWS 1980 SESSION

2207

[ ] NO tions of persons sixty-two years of age or over from ad valorem taxes levied for school purposes in the Taylor County School District?"

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

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

LOWNDES COUNTY *- HOMESTEAD EXEMPTIONS.
Proposed Amendment to the Constitution.
No. 224 (House Resolution No. 568-1523).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the homestead, but not to exceed $6,000.00 of the value thereof, of each resident of Lowndes County shall be exempt from all ad valorem taxation for county and school purposes, except to pay interest on and retire bonded indebtedness; to provide that the homestead, but not to exceed $10,000.00 of the value thereof, of each resident of Lowndes County who is 65 years of age or over shall be exempt from all ad valorem taxation for county and school purposes, except to pay interest on and retire bonded indebtedness; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following:

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"The homestead of each resident of Lowndes County actually occupied by the owner as a residence and homestead, and only so long as actually occupied by the owner primarily as such, but not to exceed $6,000.00 of its value, is hereby exempted from all ad valorem taxation for county and school purposes, except to pay interest on and retire bonded indebtedness. The value of all property in excess of the foregoing exemption shall remain subject to taxation. Said exemption shall be returned and claimed in such manner as prescribed by the General Assembly. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 1980.
Each resident of Lowndes County who is 65 years of age or over is hereby granted an exemption from all Lowndes County ad valorem taxation for county and school purposes, except to pay interest on and retire bonded indebtedness, in the amount of $10,000.00 on a homestead owned and occupied by him as a residence. 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 of Lowndes County, giving his age and such additional information relative to receiving the benefits of such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption. The tax commissioner 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. Once any such owner has filed the proper affidavit and has been allowed the exemption provided herein, it shall `not be necessary that he make application and file the said affidavit thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any such owner, however, to notify the tax commissioner in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The General Assembly may provide by law for the proper administration of this exemption including penalties necessary therefor. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 1980."

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Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"[ ] YES Shall the Constitution be amended so as to provide that the homestead of each resident of
[ ] NO Lowndes County, but not to exceed $6,000.00 of the value thereof, and the homestead of each resident of Lowndes County who is 65 years of age or over, but not to exceed $ 10,000.00 of the value thereof, shall be exempt from all ad valorem taxes for county and school purposes, except to pay interest on and retire bonded indebtedness?"

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

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

CHATHAM COUNTY - RECORDER'S COURT.
Proposed Amendment to the Constitution.
No. 225 (House Resolution No. 569-1529). A RESOLUTION
Proposing an amendment to the Constitution so as to vest jurisdiction in the Recorder's Court of Chatham County to entertain 70

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pleas of guilty and of nolo contendere in misdemeanor cases and to impose sentence as provided by law, provided the defendant shall first waive, in writing, trial by jury; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VI, Section IX of the Constitution is hereby amended by adding at the end thereof the following:
"In addition to the jurisdiction heretofore vested in the Recorder's Court of Chatham County, said Court shall have jurisdiction to take and entertain pleas of guilty and of nolo contendere in misdemeanor cases and to impose sentence as provided by law, provided the defendant shall first waive, in writing, trial by jury. If the defendant should wish a trial by jury, the defendant shall notify the Court and, if reasonable cause exists, the defendant shall be bound over to a court having jurisdiction to try the offense wherein a jury may be empaneled."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to vest jurisdiction in the Recorder's Court of
[ ] NO Chatham County to entertain pleas of guilty and of nolo contendere in misdemeanor cases and to impose sentence as provided by law, provided the defendant shall first waive, in writing, trial by jury?"

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

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

CITY OF AUGUSTA - HOMESTEAD EXEMPTIONS.
Proposed Amendment to the Constitution.
No. 226 (House Resolution No. 570-1531).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide a homestead exemption from City ad valorem taxation to resident homeowners in the City of Augusta who are under the age of 65 in the amount of two thousand dollars ($2,000.00), or such greater amount as is equal to the homestead exemption from ad valorem taxation in Richmond County, Georgia; to provide a homestead exemption from City ad valorem taxation to resident homeowners in the City of Augusta who are 65 years of age or older, in an amount of four thousand dollars ($4,000.00), or such greater amount as may be hereinafter exempted as a homestead from ad valorem taxation by Richmond County, Georgia, if the net income of said resident, together with the net income of his spouse who also occupies and resides at said homestead, from all sources, does not exceed four thousand dollars ($4,000.00), for the immediately preceeding taxable year for income tax purposes; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding to the end thereof, the following:
"A homestead of each resident under 65 years of age of the City of Augusta actually occupied by the owner as a resident and homestead, but only so long as actually occupied by the owner primarily as such, is hereby exempted from City ad valorem taxes, except taxes levied by said City for the payment of interest on and retirement of bonded indebtedness, in an amount equal to the greater of: 1) two thousand dollars ($2,000.00) of its value, or 2) an amount equal in dollar value to the homestead of any such person which now or hereinafter may be exempted from ad valorem taxation by Richmond County, Georgia.
A homestead of each resident who is 65 years of age or older of the City of Augusta actually occupied by the owner primarily as such, is hereby exempted from City ad valorem taxes, except taxes levied by said City for the payment of interest on and retirement of bonded indebtedness, in an amount equal to the greater of: 1) four thousand dollars ($4,000.00) of its value, or 2) an amount equal in dollar value to the homestead of any such person age 65 or older which now or hereinafter may be exempted from ad valorem taxation by Richmond County, Georgia. This exemption for persons 65 years of age or older shall be granted to said resident only 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, except as hereinafter provided, does not exceed four thousand dollars ($4,000.00) for the immediately preceeding taxable year for income tax purposes. For the purposes of this paragraph, net income shall not include income received as retirement, survivor or disability benefits under the Federal Social Security Act or under any other public or private retirement, disability or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and his spouse under the Federal Social Security Act, and income from such sources in excess of such maximum amount shall be included as net income for the purposes of this paragraph. The value of the residence in excess of the above exempted amount shall remain subject to taxation. Any such owner shall not receive the benefits of

GEORGIA LAWS 1980 SESSION

2213

such homestead exemption unless he, or his agent, files an affidavit with the governing authority of the City, giving his age and the amount of income which he and his spouse received in the last taxable year for income tax purposes, and such additional information relative to receiving the benefits of such exemption as will enable the governing authority to make a determination as to whether such owner is entitled to such exemption. The governing authority shall provide affidavit forms for this purpose. Such applications shall be processed in the same manner as other applications for homestead exemptions, and the provisions of law applicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto. Provided, that after any such owner has filed the exemption provided herein, it shall not be necessary that he make application and file the said affidavit thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any such owner, however, to notify the governing authority in the event he becomes ineligible for any reason for the exemption provided in this paragraph.
The governing authority of the City of Augusta may provide for the proper administration of this exemption, including penalties necessary therefore.
Any exemption provided for herein shall apply to all taxable years beginning after December 31,1980."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide for homestead exemption for residents
[ ] NO and homeowners of the City of Augusta, under 65 years of age, in an amount equal to the greater of: 1) two thousand dollars ($2,000.00), or 2) an amount equal in dollar value to the homestead of any such person which now or

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GENERAL ACTS AND RESOLUTIONS, VOL. I

hereinafter may be exempted from ad valorem taxation by Richmond County, Georgia; and, for homestead exemption for residents and homeowners of the City of Augusta, 65 years of age or older, in an amount equal to the greater of: 1) four thousand dollars ($4,000.00), or 2) an amount equal in dollar value to the homestead of any said person age 65 years or older, which now or hereinafter may be exempted from ad valorem taxation by Richmond County, Georgia; provided, that the net income of said resident homeowner age 65 years or older, together with the net income of his or her spouse who also occupies and resides at said homestead, from all sources, does not exceed four thousand dollars ($4,000.00) for income tax purposes, for the immediately preceding taxable year?"

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

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

GEORGIA LAWS 1980 SESSION

2215

ROCKDALE COUNTY - HOMESTEAD EXEMPTIONS.
Proposed Amendment to the Constitution.
No. 227 (House Resolution No. 578-1550).
A RESOLUTION
Proposing an amendment to the Constitution so as to exempt a certain amount of the assessed value of homesteads owned by certain persons in Rockdale County from ad valorem taxation for school purposes; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding a new paragraph at the end thereof to read as follows:
"Each resident of Rockdale County who is 65 years of age or older or who is totally disabled is hereby granted an exemption of $20,000.00 on his homestead from all ad valorem taxation levied for school purposes by Rockdale County so long as any such resident of Rockdale County actually occupies said homestead as a residence. There shall be no more than one $20,000.00 exemption per homestead. The value of the homestead in excess of the aboveexempted amount shall remain subject to ad valorem taxation for school purposes by Rockdale County. The exemption provided for herein shall apply to all taxable years beginning after December 31, 1980,"
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide that any resident of Rockdale County
[ ] NO who is 65 years of age or older or who is totally

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GENERAL ACTS AND RESOLUTIONS, VOL. I

disabled shall be granted a homestead exemption of $20,000.00 from ad valorem taxation for school purposes by Rockdale County?"

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

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

MONROE COUNTY - HOMESTEAD EXEMPTIONS.
Proposed Amendment to the Constitution.
No. 228 (House Resolution No. 581-1570).
A RESOLUTION
Proposing an amendment to the Constitution so as to increase the homestead exemptions for tax purposes of certain property owned, by certain residents of Monroe County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following:
"The homestead of each resident of Monroe County actually occupied by the owner as a residence and homestead, and only so long as actually occupied by the owner primarily as such, but not to

GEORGIA LAWS 1980 SESSION

2217

exceed $6,000.00 of its value, is hereby exempted from all ad valorem taxation for county and school purposes, except taxation to pay interest on and retire bonded indebtedness. The value of all property in excess of the foregoing exemption shall remain subject to taxation. Said exemption shall be returned and claimed in such manner as prescribed by the General Assembly. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 1980.
Each resident of Monroe County who is sixty-five years of age or over is hereby granted an exemption from all ad valorem taxation for county and school purposes, except taxation to pay interest on and retire bonded indebtedness, in the total amount of $10,000.00 on a homestead owned and occupied by him as a residence if his net income, together with the net income of his spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources, except as hereinafter provided, does not exceed $10,000.00 for the immediately preceding taxable year for income tax purposes. For the purposes of this paragraph, net income shall not include income received as retirement, survivor or disability benefits under the Federal Social Security Act or under any other public or private retirement, disability or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and his spouse under the Federal Social Security Act, and income from such sources in excess of such maximum amount shall be included as net income for the purposes of this paragraph. The value of the residence in excess of the above exempted amount shall remain subject to taxation. Any such owner shall not receive the benefits of such homestead exemption unless he, or through his agent, files an affidavit with the Tax Commissioner of Monroe County, 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 to make a determination as to whether such owner is entitled to such exemption. The tax commissioner 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. Once any such owner has filed the proper affidavit and has been allowed the exemption provided

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GENERAL ACTS AND RESOLUTIONS, VOL. I

herein, it shall not be necessary that he make application and file the said affidavit thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any such owner, however, to notify the tax commissioner in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The General Assembly may provide by law for the proper administration of this exemption including penalties necessary therefor. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 1980."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ '] YES Shall the Constitution be amended so as to increase the amount of each homestead of each
[ ] NO resident of Monroe County which is exempt from county and school taxes to $6,000.00 and so as to increase to $10,000.00 the amount of the homestead which is exempt from county and school taxes of each resident of Monroe County who is sixty-five years of age or over and whose income does not exceed $ 10,000.00?"

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

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

GEORGIA LAWS 1980 SESSION

2219

BEN HILL COUNTY - HOMESTEAD EXEMPTIONS.
Proposed Amendment to the Constitution.
No. 229 (House Resolution No. 582-1582).
A RESOLUTION
Proposing an amendment to the Constitution so as to increase the homestead exemptions for tax purposes of certain property owned by certain residents of Ben Hill County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following:
"The homestead of each resident of Ben Hill County actually occupied by the owner as a residence and homestead, and only so long as actually occupied by the owner primarily as such, but not to exceed $6,000.00 of its value, is hereby exempted from all ad valorem taxation for county and school purposes, except taxation to pay interest on and retire bonded indebtedness. The value of all property in excess of the foregoing exemption shall remain subject to taxation. Said exemption shall be returned and claimed in such manner as prescribed by the General Assembly. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 1980.
Each resident of Ben Hill County who is sixty-five years of age or over is hereby granted an exemption from all ad valorem taxation for county and school purposes, except taxation to pay interest on and retire bonded indebtedness, in the total amount of $12,000.00 on a homestead owned and occupied by him as a residence if his net income, together with the net income of his spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources, except as hereinafter provided, does not exceed $4,000.00 for the immediately preceding taxable year for income tax purposes. For the purposes of this paragraph, net

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income shall not include income received as retirement, survivor or disability benefits under the Federal Social Security Act or under any other public or private retirement, disability or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and his spouse under the Federal Social Security Act, and income from such sources in excess of such maximum amount shall be included as net income for the purposes of this paragraph. The value of the residence in excess of the above exempted amount shall remain subject to taxation. Any such owner shall not receive the benefits of such homestead exemption unless he, or through his agent, files an affidavit with the Tax Commissioner of Ben Hill County, 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 to make a determination as to whether such owner is entitled to such exemption. The tax commissioner 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. Once any such owner has filed the proper affidavit and has been allowed the exemption provided herein, it shall not be necessary that he make application and file the said affidavit thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any such owner, however, to notify the tax commissioner in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The General Assembly may provide by law for the proper administration of this exemption including penalties necessary therefor. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 1980."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

GEORGIA LAWS 1980 SESSION

2221

",[ ] YES Shall the Constitution be amended so as to increase the amount of each homestead of each
[ ] NO resident of Ben Hill County which is exempt from county and school taxes to $6,000.00 and so as to increase to $12,000.00 the amount of the homestead which is exempt from county and school taxes of each resident of Ben Hill County who is sixty-five years of age or over and whose income does not exceed $4,000.00?"

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

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

LIBERTY COUNTY INDUSTRIAL AUTHORITY.
Proposed Amendment to the Constitution.
No. 230 (House Resolution No. 587-1593).
A RESOLUTION
Proposing an amendment to the Constitution so as to change the composition of the Liberty County Industrial Authority; to provide for other matters relative to the foregoing; to provide for submission of this amendment for ratification or rejection; and for other purposes.

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BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article IX, Section IV, Paragraph III of the Constitution is hereby amended by striking in its entirety that certain language which was continued as a part of the Constitution pursuant to Article XIII, Section I, Paragraph II and which reads as follows:
"There is hereby created a body, corporate and politic, to be known as the Liberty County Industrial Authority to consist of one member appointed by the governing authority of Liberty County, one member appointed by the governing authority of the City of Hinesville and one member to be appointed by the governing body of the Liberty County Chamber of Commerce, provided that no member may be an elected official of the City of Hinesville or Liberty County. The members of such authority shall serve a term which shall coincide with the term of the governing authority which shall appoint them, and the member appointed by the governing body of the Liberty County Chamber of Commerce shall serve a term of four years.",
and substituting in lieu thereof the following:
"There is hereby created a body, corporate and politic, to be known as the Liberty County Industrial Authority to consist of seven members as follows: one member appointed by the governing authority of Liberty County from each of the four road districts in the county; the chairman of the governing authority of Liberty County or, if he does not desire to serve, one additional member appointed by the governing authority of Liberty County; one member appointed by the governing authority of the City of Hinesville; and the mayor of the City of Hinesville or, if he does not desire to serve, one additional member appointed by the governing authority of the City of Hinesville. Each of the members appointed by the governing authority of Liberty County shall be appointed for a term of four years and until the appointment and qualification of his successor, except that, of the initial such appointments, one member shall be appointed for a term of one year, one member shall be appointed for a term of two years, one member shall be appointed for a term of three years, and the remaining member or members shall be appointed for a term of four years. Each member appointed by the governing authority of the City of Hinesville shall

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serve a term which coincides with the term of office of the governing authority of the City of Hinesville. In addition to such other powers as may be provided by law, the authority may employ an executive director. No member of the authority may serve as executive director."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to change the provisions relating to the member-
[ ] NO ship of the Liberty County Industrial Authority?"

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

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

CITY OF DALTON -n, HOMESTEAD EXEMPTIONS.
Proposed Amendment to the Constitution.
No. 231 (House Resolution No. 591-1600).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that residents of the City of Dalton who are 62 years of age or over, or who are totally disabled, and who have an income from all sources, including the income of certain members of the family, not

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exceeding $6,000.00 per annum, shall be granted a homestead exemption of $10,000.00 from ad valorem taxation by said city; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding immediately preceding the final paragraph thereof the following:
"Any other provisions of this Constitution to the contrary notwithstanding, each resident of the City of Dalton who is 62 years of age or over and who does not have an income from all sources, including the income of all members of the family living in the home of said residents, exceeding $6,000.00 per annum, and each resident of the City of Dalton who is totally disabled and who does not have an income from all sources, including the income of all members of the family living in the home of said resident, exceeding $6,000.00 per annum, is hereby granted an exemption of $10,000.00 on his homestead from all ad valorem taxation by the City of Dalton as long as any such resident of the City of Dalton actually occupies said homestead as his residence. Provided, however, under this provision, there shall be no more than one (1) $10,000.00 exemption per homestead. The value of the homestead in excess of the above exempted amount shall remain subject to ad valorem taxation by the City of Dalton., Any such resident shall not receive the benefits of such homestead exemption unless he files an affidavit with the governing authority of the City of Dalton, or with a person designated by the governing authority of the City of Dalton, giving his age and the amount of income which he receives and the income which members of his family living in his home receive and such additional information relative to receiving the benefits of such exemption as will enable the governing authority of the City of Dalton, or the person designated by the governing authority of the City of Dalton, to make a determination as to whether such owner is entitled to such exemption. The governing authority of the City of Dalton, or the person designated by the said governing authority, shall provide affidavit forms for this purpose. The exemption provided for herein shall apply to all taxable years beginning after December 31,1980.

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Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide that residents of the City of Dalton who
[ ] NO are 62 years of age or over, or who are totally disabled, and who have an income from all sources, including the income of certain members of the family, not exceeding $6,000.00 per annum, shall be granted a homestead exemption of $10,000.00 from ad valorem taxation by said City?"

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

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

FAYETTE COUNTY - FUNDS TO PROMOTE COUNTY. Proposed Amendment to the Constitution. No. 232 (House Resolution No. 623-1616). A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authority of the County of Fayette to appropriate

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property, money, and services for the purpose of advertising and promoting the agricultural, industrial, historic, recreational, and natural resources, facilities, and assets of Fayette County for the purpose of promoting and encouraging the locating and expansion of industrial and commercial facilities and for the purpose of attracting tourists and conventions to said county; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article IX, Section IV, Paragraph III of the Constitution is hereby amended by adding at the end thereof the following:
"Provided, however, that the governing authority of Fayette County is hereby authorized and permitted, by this self-executing provision, to appropriate property, monies, and services, any and all, to advertise and promote the agricultural, industrial, historic, recreational, and natural resources, facilities, and assets of Fayette County and its environs; to promote and encourage the locating and expansion of industrial and commercial facilities therein; and to attract tourists and conventions thereto. Fayette County may make such appropriations for these purposes directly or through any public or private agency as it may designate. Such appropriations shall not exceed $ 15,000.00 during any one calendar year."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to authorize the governing authority of the County
[ ] NO of Fayette to appropriate property, money, and services, not to exceed $15,000.00 per year, for the purpose of advertising and promoting the

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agricultural, industrial, historic, recreational, and natural resources, facilities, and assets of Fayette County for the purpose of promoting and encouraging the locating and expansion of industrial and commercial facilities and for the purpose of attracting tourists and conventions to said county?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".

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

HALL COUNTY - BOARD OF ELECTIONS.
Proposed Amendment to the Constitution.
No. 233 (House Resolution No. 625-1617).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for a board of elections in Hall County; to define the powers and duties concerning primaries and elections; to provide a method for appointment, registration, and removal of members; to provide for an ex officio member; to provide qualifications and terms of members; to provide for a chairman, clerical assistants and other employees; to provide for compensation for such persons and the members of the board; to define certain terms; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article IX, Section I, Paragraph VI of the Constitution is hereby amended by adding at the end thereof the following:
"A. There is hereby created a board of elections in Hall County which shall have jurisdiction over the conduct of primaries and elections in Hall County in accordance with the provisions hereof.
B. The board of elections of Hall County shall be composed of three members, each of whom shall be an elector and resident of the county and who shall be selected in the following manner: One member shall be appointed by the board of commissioners and the appointee shall be a member of the political party which received the highest number of votes within the county for its candidate for President in the general election immediately preceding the appointment of the member. One member shall be appointed by the board of commissioners and the appointee shall be a member of the political party which received the second highest number of votes within the county for its candidate for President in the general election immediately preceding the appointment of the member. One of the initial appointments by the board of commissioners shall be for four years and the other initial appointment shall be for two years as specified by the board of commissioners. Thereafter, members shall be appointed for terms of four years each and until their successors are duly appointed and qualified. One member shall be, ex officio, the chief registrar of the county, who shall be designated chairman of the board of elections.
C. No person who holds elective public office shall be eligible to serve as a member during the term of such elective office, and the position of any member shall be deemed vacant upon such member's qualifying as a candidate for elective public office.
D. The appointment of each appointed member shall be made by the board of commissioners filing an affidavit with the clerk of the superior court, no later than 30 days preceding the date at which such member is to take office, stating the name and residential address of the person appointed and certifying that such member has been duly appointed as provided herein. The clerk of the superior court shall record each of such certifications on the

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minutes of the court and shall certify the name of each appointed or elected member and the name of the ex officio member to the Secretary of State and provide for the issuance of appropriate commissions to the members and chairman, within the same time and in the same manner as provided by law for registrars. In the event the board of commissioners fails (1) to make a regular appointment within the times specified in this paragraph and in paragraph B(l), or (2) to make an interim appointment to fill a vacancy within 90 days after the creation of such vacancy, such regular member or the member to fill such vacancy shall be appointed forthwith by the senior judge of the Superior Court of Hall County.
E. Each appointed member of the board shall serve until his successor is appointed and qualified, except in the event of resignation or removal as hereinafter provided, (1) be eligible to succeed himself and shall have the right to resign at any time by giving written notice of his resignation to the board of commissioners and to the clerk of the superior court, and (2) shall be subject to removal from the board at any time, for cause after notice and hearing, in the same manner and by the same authority as provided for removal of registrars.
F. In the event a vacancy occurs in the office of any appointed member before the expiration of his term, by removal, death or resignation, or otherwise, the board of commissioners shall appoint or elect a successor to serve the remainder of the unexpired term. In the event a vacancy occurs in the office of the ex officio member by reason of the death of such member or his removal or resignation as chief registrar, his office on the board of elections shall be filled by the person succeeding to the office of chief registrar. The clerk of the superior court shall be notified of interim appointments or elections and changes in the office of the ex officio member and record and certify such appointments or elections and changes in the same manner as the regular appointment or election of members and designation of the ex officio member.
G. The first members of the board hereunder shall take office on January 1, 1981. Before entering upon his duties, each member shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest.

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H. The board of elections shall:
(1) With regard to the preparation for conduct and administration of elections, succeed to and exercise all duties and powers granted to and incumbent upon the judge of the probate court pursuant to Code Title 34, known as the `Georgia Election Code,' as the same now exists or may hereafter be amended, or any other provision of law, or both.
(2) With regard to preparation for and conduct of primaries, succeed to all the duties and powers granted to and incumbent upon the judge of the probate court by Code Title 34, known as the `Georgia Election Code,' as the same now exists or may hereafter be amended.
I. The board shall be responsible for the selection, appointment, and training of poll workers in elections, and such workers shall be appointed, insofar as practicable, from lists provided the board by the county executive committee of each political party.
J. Effective January 1, 1981, the judge of the probate court shall be relieved from all powers and duties to which the board of elections succeeds by the provisions hereof and shall deliver thereafter to the chairman of the board, upon his written request, the custody of all equipment, supplies, materials, books, papers, records, and facilities of every kind pertaining to such powers and duties.
K. The chairman of the board of elections shall be the chief executive officer of the board of elections and shall generally supervise, direct, and control the administration of the affairs of the board of elections pursuant to law and duly adopted resolutions of the board of elections. The board of elections shall fix and establish by appropriate resolution entered on its minutes, directives governing the executions of matters within its jurisdiction.
L. Compensation for the members of the board of elections, clerical assistants, and other employees shall be such as may be fixed by the governing authority of the county. Said compensation shall be paid wholly from county funds.

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M. The board of commissioners of Hall County shall provide the board of elections such proper and suitable offices and with such clerical assistants and other employees as the board of commissioners shall deem appropriate.
N. The words `election,' `elector,' `political party,' `primary,' `public office,' `special election,' and `special primary' shall have the same meanings ascribed to those words by Code Section 34-103, relating to definitions, as the same now exists or may hereafter be amended, unless otherwise clearly apparent from the text herein.
O. This amendment is self-executing and it does not require any enabling legislation by the General Assembly of Georgia for it to become effective. However, the General Assembly may, by local legislation, further define or change the number, qualifications, terms, compensation, powers, duties, and responsibilities of the members of the board of elections of Hall County which are not inconsistent with any other provisions of this Constitution."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ -5j]- YyjEQS Scrheaallte tahbeoaCrodnosftietuletciotinonbsein aHmaellnCdeoduntsyo?"as to
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".

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

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ROCKDALE COUNTY PUBLIC FACILITIES AUTHORITY.
Proposed Amendment to the Constitution.
No. 234 (House Resolution No. 631-1630).
A RESOLUTION
Proposing an amendment to the Constitution of the State of Georgia so as to create the Rockdale County Public Facilities Authority; to provide for the powers, authorities, and duties of said authority; to authorize said authority to issue its revenue bonds and to provide for the method and manner of such issuance and for validation thereof; to authorize said authority to contract with Rockdale County and with the State of Georgia and any departments, institutions, agencies, municipalities, counties, or political subdivisions of the State of Georgia, public corporations, and others; to authorize Rockdale County to contract with said authority for the use by said county or the residents thereof of any facilities or services of said authority; to authorize the establishment of such rules and regulations and procedures as are necessary to accomplish the lawful purpose of said authority; to provide for submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA;
Section 1. Article IX, Section IV, Paragraph II of the Constitution of the State of Georgia is hereby amended by adding at the end thereof the following:
"Section 1. Rockdale County Public Facilities Authority. There is hereby created a public body corporate and politic to be known as the Rockdale County Public Facilities Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation by that name, style, and title; and said body may contract and be contracted with, sue and be sued (except as limited hereinafter), implead and be impleaded, complain and defend in all courts of law and equity. The authority is hereby granted the same exemptions and exclusions from taxation by the State of Georgia and its political subdivisions and taxing districts as are now or hereafter granted to cities and counties of this state pursuant to the

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Constitution and laws of this state. The authority shall be an instrumentality of the State of Georgia and the scope of its operation shall be limited to the territory embraced within the boundaries of Rockdale County, Georgia, as the same may now or may hereafter exist.
Section 2. Purpose. Without limiting the generality of any of the provisions hereof, the general purpose of the authority is declared to be that of acquiring, constructing, adding to, extending, improving, equipping, maintaining, and operating public projects, fire stations, police stations, and other public buildings and facilities, public parking lots, garages and other public parking structures, and any and all other public facilities useful, convenient, or desirable in connection therewith, including without limitation any public facilities which Rockdale County might be empowered to acquire, construct, own, maintain, and operate from time to time, acquiring the necessary property therefor, both real and personal, with the right to contract for the use of or to lease or sell any or all of such public facilities, including real property, and to do any and all things deemed by the authority necessary, convenient, or desirable for and incident to the efficient and proper development and operation thereof.
Section 3. Membership. The authority shall consist of five members who shall be residents of Rockdale County. The chairman of the board of commissioners of Rockdale County shall be a member of the authority. The remaining four members of the authority shall be appointed by the chairman of the board of commissioners of Rockdale County, and approved by the board of commissioners of Rockdale County. Two members shall be appointed and shall each serve for terms of office of two years and two members shall be appointed and shall each serve for terms of office of four years. Thereafter, all members shall be appointed for terms of office of four years each and they shall serve until their successors are appointed and approved. Of said four remaining members of the authority, not more than two of them shall be individuals who are members of the board of commissioners of Rockdale County. The term of office of a member of the authority who at the time of his appointment and approval is also a member of the board of commissioners of Rockdale County shall terminate when his term of office as a member of such board expires or otherwise terminates.

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Any appointed member of the authority may be reappointed as a member of the authority. Immediately after such appointments or reappointments, the members of the authority shall enter upon their duties. Any vacancy on the authority with respect to an appointed member shall likewise be filled in the same manner as was the original appointment of the member whose termination of membership resulted in such vacancy and the person so appointed shall serve for the remainder of the unexpired term. The authority shall elect one of its members as chairman and another member as vice chairman and it shall also elect a secretary and treasurer, who does not necessarily have to be a member of the authority and if not a member he or she shall have no voting rights. Three members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority. The members of the authority may be compensated as determined from time to time by the governing body of Rockdale County; however, it is expressly provided that they shall be reimbursed for all actual expenses incurred in the performance of their duties. The authority shall make rules and regulations for its own government. It shall have perpetual existence.
Section 4. Definitions. As used herein the following words and terms shall have the following meanings:
(1) The word `authority' shall mean the Rockdale County Public Facilities Authority created in Section 1 hereof.
(2) The word `projects' or `project' shall be deemed to mean and include the acquisition, construction, equipping, extension, improvement, maintenance, and operation of any public project, fire station, police station, public building or other public facility, public parking lot, garage, or other public parking structure or similar public undertaking, and any and all other public facilities useful, convenient, or desirable in connection with such undertakings including, without limitation, any public facilities which Rockdale County might be empowered to acquire, construct, own, maintain, and operate from time to time, and the acquisition of the necessary property therefor, both real and personal, and the lease and sale of any part or all of such public facilities, including real and personal property, so as to assure the efficient and proper development, maintenance, and operation of such undertakings deemed by the authority to be necessary, convenient, or desirable.

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(3) The term `cost of the project' shall embrace the cost of acquisition and construction; the cost of all lands, properties, rights, easements, and franchises acquired and the cost of all conveyances of the authority's title thereto and leases thereof; the cost of all machinery and equipment, financing charges, interest on its revenue bonds accruing prior to and during acquisition and construction, and for one year after completion of acquisition and construction; the cost of engineering, architectural, fiscal, accounting, and legal expenses, and of plans and specifications, and of other expenses necessary or incident to determining the feasibility or practicability of the project, and administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized for the acquisition and construction of any project and the placing of the same in operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions hereof for such project.
(4) The terms `revenue bonds,' `bonds,' and `obligations' as used herein shall mean revenue bonds as defined and provided for in the Revenue Bond Law (Ga. Laws 1957, p. 36), as amended, and such type of obligations may be issued by the authority as authorized under said Revenue Bond Law and any present or future amendments thereto and, in addition, shall also mean obligations of the authority, the issuance of which are specifically provided for herein.
(5) Any project shall be deemed `self-liquidating' if, in the judgment of the authority, the anticipated revenues to be derived by the authority therefrom and all properties used, leased, and sold in connection therewith will be sufficient to pay the cost of operating, maintaining, repairing, renewing, and replacing the project and to pay the principal of and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project.
Section 5. Powers. The authority shall have powers:
(1) To have a seal and alter the same at pleasure;

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(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 by purchase, on such terms and conditions and in such manner as it may deem proper, real property or rights of easement 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; and, if the authority shall deem it expedient to construct any project on any lands the title to which shall then be in Rockdale County, the governing authority of said county is hereby authorized to convey title to such lands to the authority upon payment to the credit of the general funds of said county an amount of money equal to the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the governing authority of said county and the chairman of the authority;
(4) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, accountants, and attorneys, and fix their respective compensations;
(5) To enter into contracts and leases, and to execute all instruments necessary or convenient, including contracts for the acquisition and construction of projects and leases of projects and contracts with respect to the use of projects which it causes to be acquired or constructed, and to dispose by conveyance of its title in and to real and personal property of every kind and character, and any and all persons, firms, and corporations, the state and any and all political subdivisions, departments, institutions, or agencies of the state are hereby authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable and without limiting the generality of the above, authority is specifically granted to the authority to enter into contracts, leases, and sublease agreements, with the State of Georgia, or any agencies or departments thereof relative to projects, areas, and facilities and relative to any property, which the State of Georgia or such department or agency has now, or may hereafter obtain, by lease

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from the United States government or any agency or department thereof; and the authority is specifically authorized to convey title in and to any and all of its lands and any improvements thereon to any persons, firms, corporations, municipalities, the State of Georgia, or the United States government, or any agency or department thereof, subject to the rights and interests of the holders of any of the bonds or obligations authorized to be issued hereunder, and by the resolution or trust indenture of the authority authorizing the issuance of any of its bonds or obligations as provided herein. Rockdale County is authorized to levy taxes, without limitation as to rate or amount, and to expend tax moneys of the county and any other available funds and to obligate said county to make payment thereof to the authority upon such terms as may be provided in any contract, lease, or agreement entered into by and between the authority and Rockdale County, in order to enable the authority to pay the principal of and interest on any of its bonds as the same mature and to create and maintain a debt service reserve for that purpose and also to enable the authority to pay the cost of maintaining, repairing, operating, renewing, and replacing the property or facilities so furnished by the authority;
(6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds and other funds available to the authority;
(7) To accept loans and grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may impose;
(8) To accept loans and grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may impose;
(9) To borrow money for any of its corporate purposes and to execute evidences of such indebtedness and to secure the same

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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;
(10) To exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitution and laws of the State of Georgia;
(11) The authority and any trustee acting under any trust indenture delivered in connection with the issuance of bonds are specifically authorized, from time to time, to sell, lease, grant, exchange, or otherwise dispose of any surplus property, both real and personal, or interest therein, not required in the normal operation of and usable in the furtherance of the purposes for which the authority was created, except as such right and power may be limited as provided herein;
(12) To borrow money for any of its corporate purposes from any bank, banks, or other lending institutions for a period of time not to exceed 40 years and to execute evidences of such indebtedness and to secure the same by assigning all rights to and pledging all funds to be received by the authority from a lease or leases entered into by the authority as the lessor and Rockdale County as the lessee; and
(13) To do all things necessary or convenient to carry out the powers expressly granted herein.
Section 6. Revenue bonds. The authority, or any public 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 provide by resolution for the issuance of negotiable revenue bonds for the purpose of paying all or any part of the cost of any one or more projects (as herein defined). The principal of and interest on such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated and shall bear interest at such rate or rates not exceeding the maximum limit prescribed in the Revenue Bond Law as now or hereafter amended. Interest shall be payable semiannually or annually; principal shall mature at such time or times not exceeding 40 years from the date or dates of such bonds, shall be payable as to

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both principal and interest in lawful moneys of the United States of America, 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. Such revenue bonds shall be issued pursuant to and in conformity with the Revenue Bond Law (Ga. Laws 1957, p. 36), as amended, amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. Laws 1937, p. 761), as amended; and all procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in said Revenue Bond Law and any present or future amendments thereto.
Section 7. 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 of Georgia. 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 the principal alone and also as to both the principal and interest.
Section 8. Same; signatures; seal. All such bonds shall be executed by the manual or facsimile signature of the chairman or the vice chairman of the authority and attested by the manual or facsimile signature of the secretary and treasurer of the authority and the official seal of the authority shall be affixed thereto and any coupons attached thereto shall bear the facsimile signatures of the chairman or vice chairman and the secretary and treasurer of the authority. At least one of the signatures appearing on each bond shall be a manual signature. Any coupon may bear the signatures of such persons and any bond may be signed, sealed, and attested on behalf of the authority by such persons as at the actual time of the execution of such bonds shall be duly authorized and shall hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. In case any officer whose signature shall appear on any bond or on any coupon shall cease to be such officer before delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he or she had remained in office until such delivery.

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Section 9. Same; negotiability; exemption from taxation. All revenue bonds issued under the provisions hereof shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under laws of the state. Such bonds are declared to be issued for an essential public and governmental purpose and the said bonds and the interest payable thereon shall be exempt from all taxation within the State of Georgia.
Section 10. Same; sale; proceeds. The authority may sell such bonds in such manner and for such price as it may determine to be in the best interest of the authority and the proceeds derived from the sale of such bonds shall be used solely for the purposes provided in the proceedings authorizing the issuance of such bonds.
Section 11. Same; interim receipts and certificates or temporary bonds. Prior to the preparation of definitive bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter.
Section 12. Same; replacement of lost or mutilated bonds. The authority may also provide for the replacement of any bond or any coupon which shall become mutilated or be destroyed or lost.
Section 13. Same; conditions precedent to issuance. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required hereby. Any resolution providing for the issuance of revenue bonds under the provisions hereof shall become effective immediately upon its passage and need not be published or posted; and any such resolution may be passed'at any regular, special, or adjourned meeting of the authority by a majority of its members present at such meeting.
Section 14. Credit not pledged. Revenue bonds issued hereunder shall not be deemed to constitute a debt of Rockdale County, nor a pledge of the faith and credit of said county; but such bonds shall be payable solely from the funds hereinafter provided for; and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate said county to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment; and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this sentence.

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Section 15. Trust indenture as security. In the discretion of the authority, any issue of 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 of Georgia. Such trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the authority, including the proceeds derived from the sale from time to time of any surplus property of the authority, both real and personal. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair, and insurance of the project, and the custody, safeguarding, and application of all moneys, including the proceeds derived from the sale of property of the authority, both real and personal, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the authority, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture maWcontain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out any such trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture.
Section 16. To whom proceeds of bonds shall be paid. The authority shall, in the resolution providing for the issuance of revenue bonds or in such trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes 71

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hereof, subject to such regulations as such resolution or trust indenture may provide.
Section 17. Sinking fund. The revenues, fees, tolls, and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued and any moneys derived from the sale of any properties, both real and personal, of the authority, unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal of and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide; and such funds so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund, which said sinking fund shall be pledged to and charged with the payment of: (1) the interest upon such revenue bonds as such interest becomes due, (2) the principal of the bonds as the same becomes due, (3) any premium upon bonds acquired by redemption, payment, or otherwise, (4) the necessary charges of the paying agent or agents for paying principal and interest, and (5) any investment fees or charges. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture; but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture, any surplus 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 be reissued, printed, and delivered.
Section 18. Remedies of bondholders. Any holder of revenue bonds issued under the provisions hereof or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights

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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 hereby or by such resolution or trust indenture, to be performed by the authority, or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished.
Section 19. Refunding bonds. The authority is authorized to provide by resolution for the issuance of bonds of the authority for the purpose of refunding any revenue bonds issued under the provisions hereof and then outstanding, together with accrued interest thereon and premium, if any. The issuance of such refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the authority in respect to the same shall be governed by the foregoing provisions hereof insofar as the same may be applicable.
Section 20. Venue and jurisdiction. Any action to protect or enforce any rights under the provisions hereof or any suit or action against such authority shall be brought in the Superior Court of Rockdale County, Georgia; and any action pertaining to validation of any bonds issued under the provisions hereof shall likewise be brought in said court, which shall have exclusive, original jurisdiction of such actions.
Section 21. Validation. Bonds of the authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law, as now or hereafter amended. The petition for validation shall also make party defendant to such action any municipality, county, authority, political subdivision, or instrumentality of the State of Georgia, or the United States government or any department or agency of the United States government, if subject to being sued and if consenting to same, which has contracted with the authority for the services and facilities of any project for which bonds are to be issued and sought to be validated; and such municipality, county, authority, political subdivision, or instrumentality shall be required to show cause, if any exists, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as a part of the basis of the security for the payment of any such bonds of the

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authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such bonds and the security for the payment thereof and interest thereon and against the authority issuing the same and any municipality, county, authority, political subdivision, or instrumentality, if a party to the validation proceedings, contracting with the authority.
Section 22. Interest of bondholders protected. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of the authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders' of such bonds; and no other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interests and rights of the holders of such bonds, nor will the state itself so compete with the authority. The provisions hereof shall be for the benefit of the authority and the holders of any such bonds and, upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds.
Section 23. Moneys received considered trust funds. All moneys received pursuant to the provisions hereof, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, income, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided herein and in the resolution providing for the issuance of such bonds or such trust indenture.
Section 24. Rates, charges, and revenues; use. The authority is authorized to prescribe and revise from time to time rates, fees, tolls, and charges; and to collect such rates, fees, tolls, and charges for the services, facilities, or commodities furnished, including leases, concessions, or subleases of its lands or facilities; and to determine the price and terms at and under which its lands or facilities may be sold; and, in anticipation of the collection of the revenues and income of such undertakings or projects, to issue revenue bonds as herein provided to finance in whole or in part the cost of the acquisition, construction, reconstruction, improvement, equipment, betterment, or extension of its lands and facilities; and to pledge to the punctual payment of said bonds and interest thereon all or any part of the revenues and income of such undertakings or

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projects, including the revenues of improvements, betterments, or extensions thereafter made or the sale of any of its lands and facilities.
Section 25. Rules and regulations for operation of projects. It shall be the duty of the authority to prescribe rules and regulations for the operation of the project or projects constructed under the provisions hereof, including the basis on which projects shall be furnished.
Section 26. Governmental function. It is hereby declared that the authority is created for a public purpose and will be performing an essential governmental function in the exercise of the powers conferred upon it hereunder.
Section 27. Immunity from tort actions. The authority shall have the same immunity and exemption from liability for torts arid negligence as the State of Georgia; and the officers, agents, and employees of the authority, when in the performance of the work of the authority, shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of the State of Georgia. The authority may be sued in the same manner as private corporations may be sued on any contractual obligations of the authority.
Section 28. Construction. This amendment and all provisions, rights, powers, and authority granted hereunder shall be effective, notwithstanding any other provision of the Constitution to the contrary; and this amendment and any law enacted with reference to the authority shall be liberally construed for the accomplishment of its purposes.
Section 29. Powers declared supplemental and additional. The foregoing provisions hereof shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby, and shall be regarded as supplemental and additional to powers conferred elsewhere in the Constitution or by other laws, and shall not be regarded as in derogation of any powers now existing.
Section 30. Audit. At the conclusion of each fiscal year of the authority, the financial affairs of the authority shall be audited by

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an independent certified public accounting firm. The board of commissioners of Rockdale County shall select the firm which shall conduct the audit.
Section 31. Repeal. This amendment does not in any way take from Rockdale County the authority to acquire, construct, equip, own, develop, operate, and maintain projects or to issue revenue bonds as is provided by the Revenue Bond Law of Georgia (Ga. Laws 1957, p. 36), as amended, amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. Laws 1937, p. 761), as amended.
Section 32. Activation of authority. The authority shall be deemed to be created upon the effectiveness of this amendment. However, the authority shall not be deemed to be activated and thereby fully empowered to pursue its public purposes as specified herein until such time as the governing authority of Rockdale County shall, by appropriate resolution, declare the need for the authority to be activated and to operate within Rockdale County.
Section 33. General Assembly. This amendment is self-enacting and does not require any enabling legislation by the General Assembly of the State of Georgia for it to become effective. However, the General Assembly may, by law, further regulate the management and conduct of the authority not inconsistent with any other provisions of this Constitution. More specifically, the General Assembly may, by general or local legislation, alter or change the structure, organization, programs, or activities of the authority and may terminate the authority, subject to the limitation that contracts of the authority then in existence may not be impaired in violation of those provisions of the Constitution of the United States of America and of the Constitution of the State of Georgia prohibiting the same."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to create the Rockdale County Public Facilities
[ ] NO Authority, to provide for the powers,

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authorities, and duties of such authority, to authorize such authority to issue its revenue bonds and to provide for the method and manner of such issuance and for the validation thereof, to authorize the authority to contract with Rockdale County and other public bodies, and to authorize Rockdale County to contract with the authority for the use by said county or
its residents of any facilities or services of the authority?"

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

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

GORDON COUNTY - HOMESTEAD EXEMPTIONS.
Proposed Amendment to the Constitution.
No. 235 (House Resolution No. 634-1636).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that, for the purposes of the homestead exemptions of persons 62 years of age or over from ad valorem taxes levied for school purposes in the Gordon County school district, "income" shall not include income received as retirement, survivor, or disability benefits under the Federal Social Security Act; to provide for the submis-

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sion of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following paragraph:
"The homestead of each resident of the Gordon County school district who is 62 years of age or over and who does not have an income from all sources, including the income from all sources of all members of the family residing within said homestead, exceeding $6,000.00 per annum is hereby exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system, which exemption shall be in the same amount as may now or hereafter be exempted by general law enacted pursuant to the provisions of this Paragraph IV of Section I of Article VII of the Constitution relating to the homestead of county school district residents who are 62 years of age or older with income below certain limits. For the purposes of this paragraph, `income' shall not include income received as retirement, survivor, or disability benefits under the Federal Social Security Act. The exemption granted by this paragraph shall be in the same amount as the exemption granted by said general law and shall be in lieu of, and not in addition to, said exemption granted by general law. The value of the homestead in excess of the above exempted amount shall remain subject to taxation. No such exemption shall be granted unless an affidavit of the owner of the homestead is filed with the tax commissioner of Gordon County giving his age, the amount of income which he received for the immediately preceding calendar year, the income which the members of his family residing within the homestead received for such period, and such other additional information relative to receiving the benefits of the exemption granted by this paragraph as will enable the tax commissioner to make a determination as to whether such owner is entitled to said exemption. The tax commissioner shall provide affidavit forms for this purpose. The exemption granted to the homestead within this paragraph shall extend to and shall apply to those properties, the legal title to which is vested in one or more titleholders, if actually occupied by one or more such owners as a residence and one or more such titleholders

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possesses the qualifications provided for in this paragraph. In such instances, such exemptions shall be granted to such properties, if claimed in the manner herein provided by one or more of the owners actually residing on such property. Such exemptions shall also extend to those homesteads, the title to which is vested in an administrator, executor, or trustee, if one or more of the heirs or cestui que uses residing on such property shall possess the qualifications provided for herein and shall claim the exemptions granted by this paragraph in the manner herein provided. The exemption provided for herein shall apply to all taxable years beginning after December 31, 1980. The General Assembly may provide by law for the proper administration of this exemption, including penalties necessary therefor."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide that, for the purposes of the homestead
[ ] NO exemptions of persons 62 years of age or over from ad valorem taxes levied for school purposes in the Gordon County school district, `income' shall not include income received as retirement, survivor, or disability benefits under the Federal Social Security Act?"

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

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

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CITY OF CALHOUN - HOMESTEAD EXEMPTIONS.
Proposed Amendment to the Constitution.
No. 236 (House Resolution No. 635-1636).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that, for the purposes of the homestead exemptions of persons 62 years of age or over from ad valorem taxes levied for school purposes in the independent school district of the City of Calhoun, Georgia, "income" shall not include income received as retirement, survivor, or disability benefits under the Federal Social Security Act; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following paragraph:
"The homestead of each resident of the independent school district of the City of Calhoun, Georgia who is 62 years of age or over and who does not have an income from all sources, including the income from all sources of all members of the family residing within said homestead, exceeding $6,000.00 per annum is hereby exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system, which exemption shall be in the same amount as may now or hereafter be exempted by general law enacted pursuant to the provisions of this Paragraph IV of Section I of Article VII of the Constitution relating to the homestead of independent school district residents who are 62 years of age or older with income below certain limits. For the purposes of this paragraph, `income' shall not include income received as retirement, survivor, or disability benefits under the Federal Social Secu-

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rity Act. The exemption granted by this paragraph shall be in the same amount as the exemption granted by said general law and shall be in lieu of, and not in addition to, said exemption granted by general law. The value of the homestead in excess of the above exempted amount shall remain subject to taxation. No such exemption shall be granted unless an affidavit of the owner of the homestead is filed with the governing authority of the City of Calhoun, or with a person designated by the governing authority of said city, giving his age, the amount of income which he received for the immediately preceding calendar year, the income which the members of his family residing within the homestead received for such period, and such other additional information relative to receiving the benefits of the exemption granted by this paragraph as will enable the governing authority of the City of Calhoun, or the person designated by the governing authority of said city, to make a determination as to whether such owner is entitled to said exemption. The governing authority of the City of Calhoun, or the person designated by the governing authority of said city, shall provide affidavit forms for this purpose. The exemption granted to the homestead within this paragraph shall extend to and shall apply to those properties, the legal title to which is vested in one or more titleholders, if actually occupied by one or more such owners as a residence and one or more such titleholders possesses the qualifications provided for in this paragraph. In such instances, such exemptions shall be granted to such properties, if claimed in the manner herein provided by one or more of the owners actually residing on such property. Such exemptions shall also extend to those homesteads, the title to which is vested in an administrator, executor, or trustee, if one or more of the heirs or cestui que uses residing on such such property shall possess the qualifications provided for herein and shall claim the exemptions granted by this paragraph in the manner herein provided. The exemption provided for herein shall apply to all taxable years beginning after December 31,1980. The General Assembly may provide by law for the proper administration of this exemption, including penalties necessary therefor."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

"[ ] YES Shall the Constitution be amended so as to provide that, for the purposes of the homestead
[ ] NO exemptions of persons 62 years of age or over from ad valorem taxes levied for school purposes in the independent school district of the City of Calhoun, Georgia, `income' shall not include income received as retirement, survivor, or disability benefits under the Federal Social Security Act?"

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

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

WHITE COUNTYgHOMESTEAD EXEMPTIONS.
Proposed Amendment to the Constitution.
No. 237 (House Resolution No. 643-1651).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that for the purposes of White County and White County school district ad valorem taxes, the homestead exemption for the elderly shall be increased to $10,000.00 and the income qualification for such homestead exemption shall be increased to $10,000.00; to provide for submission of the amendment for ratification or rejection; and for other purposes.

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BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding after the following paragraph:
"Each person who is sixty-five (65) years of age or over is hereby granted an exemption from all State and county ad valorem taxes in the amount of $4,000.00 on a homestead owned and occupied by him as a residence if his net income, together with the net income of his spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources, except as hereinafter provided, does not exceed $4,000.00 for the immediately preceding taxable year for income tax purposes. For the purposes of this paragraph, net income shall not include income received as retirement, survivor or disability benefits under the Federal Social Security Act or under any other public or private retirement, disability or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and his spouse under the Federal Social Security Act, and income from such sources in excess of such maximum amount shall be included as net income for the purposes of this paragraph. The value of the residence in excess of the above exempted amount shall remain subject to taxation. Any such owner shall not receive the benefits of such homestead exemption unless he, or through his agent, files an affidavit with the tax commissioner or tax receiver of the county in which he resides, giving his age and the amount of income which he and his spouse received during the last taxable year for income tax purposes, and such additional information relative to receiving the benefits of such exemption as will enable the tax commissioner or tax receiver to make a determination as to whether such owner is entitled to such exemption. The tax 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. Provided, that after any such owner has filed the proper affidavit, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he make application and file the said affidavit thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any such owner,

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GENERAL ACTS AND RESOLUTIONS, VOL. I

however, to notify the tax commissioner or tax receiver in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The General Assembly may provide by law for the proper administration of this exemption including penalties necessary therefor. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 1974.",
a new paragraph to read as follows:
"For the purposes of the application of White County and White County school district ad valorem taxes, the homestead exemption granted in the immediately preceding paragraph is hereby increased from $4,000.00 to $10,000.00, and the maximum income qualification is amended to include gross income received from all sources, including but not limited to, retirement, survivor or disability benefits under the Federal Social Security Act or under any other public or private retirement, disability or pension system, with no exceptions, and is hereby changed from a net income of $4,000.00 to a gross income of $10,000.00."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide that for the purposes of White County
[ ] NO and White County school district ad valorem taxes, the homestead exemption for the elderly shall be increased to $ 10,000.00 and the income qualification for such homestead exemption shall be changed to $10,000.00 from all sources?"

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

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

HENRY COUNTY - HOMESTEAD EXEMPTIONS.
Proposed Amendment to the Constitution.
No. 238 (House Resolution No. 644-1666).
A RESOLUTION
Proposing an amendment to the Constitution so as to change certain provisions relating to the homestead exemption for elderly persons from county taxes in Henry County; to provide for submission of the amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding after the following paragraph:
"Each person who is sixty-five (65) years of age or over is hereby granted an exemption from all State and county ad valorem taxes in the amount of $4,000.00 on a homestead owned and occupied by him as a residence if his net income, together with the net income of his spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources, except as hereinafter provided, does not exceed $4,000.00 for the immediately preceding taxable year for income tax purposes. For the purposes of this paragraph, net income shall not include income received as retirement, survivor or disability benefits under the Federal Social Security Act or under any other public or private retirement, disability or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and

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his spouse under the Federal Social Security Act, and income from such sources in excess of such maximum amount shall be included as net income for the purposes of this paragraph. The value of the residence in excess of the above exempted amount shall remain subject to taxation. Any such owner shall not receive the benefits of such homestead exemption unless he, or through his agent, files an affidavit with the tax commissioner or tax receiver of the county in which he resides, giving his age and the amount of income which he and his spouse received during the last taxable year for income tax purposes, and such additional information relative to receiving the benefits of such exemption as will enable the tax commissioner or tax receiver to make a determination as to whether such owner is entitled to such exemption. The tax 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. Provided, that after any such owner has filed the proper affidavit, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he make application and file the said affidavit thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any such owner, however, to notify the tax commissioner or tax receiver in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The General Assembly may provide by law for the proper administration of this exemption including penalties necessary therefor. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 1974.",
a new paragraph to read as follows:
"For purposes of the application of the exemption granted in the immediately preceding paragraph from county ad valorem taxes in Henry County, the amount of the exemption is hereby increased to $6,000.00 and the maximum income qualification as qualified in the immediately preceding paragraph is hereby changed from $4,000.00 to $6,000.00."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.

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The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to increase the special homestead exemption for
[ ] NO the elderly from Henry County ad valorem taxes to $6,000.00 and to extend the exemption to persons whose adjusted family income is $6,000.00, rather than $4,000.00, a year?"

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

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

HENRY COUNTY -- HOMESTEAD EXEMPTIONS.
Proposed Amendment to the Constitution.
No. 239 (House Resolution No. 645-1666).
A RESOLUTION
Proposing an amendment to the Constitution so as to change certain provisions relating to the homestead exemption for elderly persons from taxes in Henry County levied for school purposes; to provide for submission of the amendment for ratification or rejection; and for other purposes

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GENERAL ACTS AND RESOLUTIONS, VOL. I

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding after the following paragraph:
"The homestead of each resident of each county school district who is 62 years of age or over and who does not have an income from all sources, including the income of all members of the family residing within said homestead, exceeding $6,000.00 per annum, may be exempt by law from all ad valorem taxation for educational purposes levied for and in behalf of such school system, including taxes to retire school bond indebtedness. No such exemption shall be granted unless an affidavit of the owner of the homestead is filed with the Tax Receiver or Tax Commissioner of his county giving his age, the amount of income which he received for the immediately preceding calendar year, the income which the members of his family residing within the homestead received for such period, and such other additional information relative to receiving the benefits of the exemption granted by this paragraph as will enable the Tax Receiver or Tax Commissioner to make a determination as to whether such owner is entitled to said exemption. The Tax Receiver or Tax Commissioner shall provide affidavit forms for this purpose. The exemption granted to the homestead within this paragraph shall extend to and shall apply to those properties, the legal title to which is vested in one or more title holders, if actually occupied by one or more such owners as a residence, and one or more such title holders possesses the qualifications provided for in this paragraph. In such instances, such exemptions shall be granted to such properties, if claimed in the manner herein provided by one or more of the owners actually residing on such property. Such exemptions shall also extend to those homesteads, the title to which is vested in an administrator, executor or trustee, if one or more of the heirs or cestui que uses residing on such property shall possess the qualifications provided for herein and shall claim the exemptions granted by this paragraph in the manner herein provided. The exemption provided for herein shall apply to all taxable years beginning after December 31, 1972.",
a new paragraph to read as follows:

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"For purposes of the application in Henry County of any exemption granted pursuant to the provisions of the immediately preceding paragraph from ad valorem taxes for educational purposes, the amount of the exemption is hereby specified to be $20,000.00 and the maximum income qualification as qualified in the immediately preceding paragraph is hereby changed from $6,000.00 to $12,000.00."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to increase the special homestead exemption for
[ ] NO the elderly from ad valorem taxes for educational purposes in Henry County to $20,000.00 and to extend the exemption to persons whose adjusted family income is $12,000.00, rather than $6,000.00, a year?"

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

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

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CITY OF ST. MARYS -- HOMESTEAD EXEMPTIONS.
Proposed Amendment to the Constitution.
No. 240 (House Resolution No. 669-1672).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide a homestead exemption from city ad valorem taxes allowed for elderly residents of the City of St. Marys ; to provide income limitations; to provide filing procedures; to provide for submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding a new paragraph immediately preceding the last paragraph thereof, to read as follows;
"The City of St. Marys shall grant to each person who is sixtyfive (65) years of age or over an exemption from all ad valorem taxes levied by such city in the amount of $8,000.00 on the homestead owned and occupied by such person 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, except as hereinafter provided, does not exceed $10,000.00 for the immediately preceding taxable year for income tax purposes. For the purposes of this paragraph, net income shall not include income received as retirement, survivor or disability benefits under the Federal Social Security Act or under any other public or private retirement, disability or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and his spouse under the Federal Social Security Act, and income from such sources in excess of such maximum amount shall be included as net income for the purposes of this paragraph. Once an owner has filed the proper application and been allowed the exemption provided in this paragraph, it shall not be necessary that he make application or file any affidavit thereafter for any year he remains qualified for the exemption and the exemption shall continue to be allowed to such owner."

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Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide an $8,000.00 homestead exemption
[ ] NO from city taxes for elderly residents of the City of St. Marys; to provide a $10,000.00 income limitation, exclusive of certain benefits, required for the exemption; and to provide that, once granted the exemption, an owner need not reapply every year?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

BRANTLEY COUNTY -- JURISDICTION OF JUSTICES OF THE PEACE.
Proposed Amendment to the Constitution.
No. 241 (House Resolution No. 676-1686).
A RESOLUTION
Proposing an amendment to the Constitution so as to increase the dollar amount of civil cases over which the Justices of the Peace

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of Brantley County shall have jurisdiction; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VI, Section VII, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following paragraph:
"Provided, however, that in Brantley County the 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 $2,000.00 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 regulations as may be prescribed by law."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to increase the dollar amount of civil cases over
[ ] NO which the Justices of the Peace of Brantley County shall have jurisdiction from $200.00 to $2,000.00?"

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

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

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WORTH COUNTY - HOMESTEAD EXEMPTIONS.
Proposed Amendment to the Constitution.
No. 242 (House Resolution No. 678-1700).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide a homestead exemption of $8,000.00 from all Worth County and Worth County School District ad valorem taxes for each resident of Worth County who is 62 years of age or over or disabled if his adjusted gross income, together with the adjusted gross income of his spouse who also occupies and resides at such homestead, does not exceed $ 10,000.00, exclusive of certain retirement, survivor, disability, and pension benefits; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following:
"Any other provisions of this Constitution to the contrary notwithstanding, each resident of Worth County who is 62 years of age or over or who is disabled is hereby granted an exemption from all Worth County and Worth County School District ad valorem taxes, including ad valorem taxes to pay interest on and retire bonded indebtedness, in the amount of $8,000.00 on a homestead owned and occupied by him as a residence if his adjusted gross income, together with the adjusted gross income of his spouse who also occupies and resides at such homestead, does not exceed $10,000.00 for the immediately preceding taxable year. For the purposes of this paragraph, the term `adjusted gross income' shall have the same meaning as that term is defined in the Internal Revenue Code of 1954, as now or hereafter amended, except that adjusted gross income shall not include income or benefits which are received as

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retirement, survivor or disability benefits under the Federal Social Security Act, or under any other public or private retirement, disability or pension system, except such income or benefits which are in excess of the maximum amount authorized to be received by an individual and his spouse under the Federal Social Security Act, as now or hereafter amended. The value of the residence in excess of the above exempted amount shall remain subject to taxation. In order to qualify for the exemption provided for herein as being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than two physicians licensed to practice medicine under the laws of Georgia, as now or hereafter amended, certifying that in the opinion of such physician or physicians such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Any such owner shall not receive the benefits of such homestead exemption unless he or his agent files an affidavit with the Tax Commissioner of Worth County, giving his age, or if disabled the certificate or certificates provided for herein, 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 to make a determination as to whether such owner is entitled to such exemption. The Tax Commissioner shall provide affidavit forms for this purpose. Such applications shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto. Provided, that after any such owner has filed the proper affidavit, and certificate or certificates if disabled, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he make application and file the said affidavit and certificate thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any such owner, however, to notify the Tax Commissioner in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The General Assembly may provide by law for the proper administration of this exemption, including penalties necessary therefor. It is specifically provided that the homestead exemption provided for herein shall not apply to the one-quarter mill ad valorem tax levied by the state, but in all other respects such homestead exemption shall supersede and replace a homestead exemption

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from county taxes for residents of Worth County who are 65 years of age or over and a homestead exemption from school taxes for Worth County residents who are 62 years of age or over when such homestead exemptions have been provided by previously existing provisions of this Constitution. The homestead exemptions provided for herein shall apply to all taxable years beginning after December 31, 1980."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide a homestead exemption of $8,000.00
[ ] NO from all Worth County and Worth County School District ad valorem taxes for each resident of Worth County who is 62 years of age or over or disabled if his adjusted gross income, together with the adjusted gross income of his spouse who also occupies and resides at such homestead, does not exceed $10,000.00, exclusive of certain retirement, survivor, disability, and pension benefits?"

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

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

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CITY OF ASHBURN - HOMESTEAD EXEMPTIONS.
Proposed Amendment to the Constitution.
No. 243 (House Resolution No. 679-1700).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide a homestead exemption of $8,000.00 from all City of Ashburn ad valorem taxes for each resident of the city who is 62 years of age or over or disabled if his adjusted gross income, together with the adjusted gross income of his spouse who also occupies and resides at such homestead, does not exceed $10,000.00, exclusive of certain retirement, survivor, disability, and pension benefits; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following:
"Any other provisions of this Constitution to the contrary notwithstanding, each resident of the City of Ashburn who is 62 years of age or over or who is disabled is hereby granted an exemption from all City of Ashburn ad valorem taxes, including ad valorem taxes to pay interest on and retire bonded indebtedness, in the amount of $8,000.00 on a homestead owned and occupied by him as a residence if his adjusted gross income, together with the adjusted gross income of his spouse who also occupies and resides at such homestead, does not exceed $10,000.00 for the immediately preceding taxable year. For the purposes of this paragraph, the term `adjusted gross income' shall have the same meaning as that term is defined in the Internal Revenue Code of 1954, as now or hereafter amended, except that adjusted gross income shall not include income or benefits which are received as retirement, survivor or disability benefits under the Federal Social Security Act, or under any other public or private retirement, disability or pension system, except such income or benefits which are in excess of the maximum amount authorized to be received by an individual and

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his spouse under the Federal Social Security Act, as now or hereafter amended. The value of the residence in excess of the above exempted amount shall remain subject to taxation. In order to qualify for the exemption provided for herein as being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than two physicians licensed to practice medicine under the laws of Georgia, as now or hereafter amended, certifying that in the opinion of such physician or physicians such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Any such owner shall not receive the benefits of such homestead exemption unless he or his agent files an affidavit with the Tax Commissioner of Turner County, giving his age, or if disabled the certificate or certificates provided for herein, 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 to make a determination as to whether such owner is entitled to such exemption. The Tax Commissioner shall provide affidavit forms for this purpose. Such applications shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto. Provided, that after any such owner has filed the proper affidavit, and certificate or certificates if disabled, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he make application and file the said affidavit and certificate thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any such owner, however, to notify the Tax Commissioner in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The General Assembly may provide by law for the proper administration of this exemption, including penalties necessary therefor. The homestead exemptions provided for herein shall apply to all taxable years beginning after December 31,1980."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.

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The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide a homestead exemption of $8,000.00
[ ] NO from all City of Ashburn ad valorem taxes for each resident of the city who is 62 years of age or over or disabled if his adjusted gross income, together with the adjusted gross income of his spouse who also occupies and resides at such homestead, does not exceed $10,000.00, exclusive of certain retirement, survivor, disability, and pension benefits?"

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

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

CITY OF SYLVESTER - HOMESTEAD EXEMPTIONS.
Proposed Amendment to the Constitution.
No. 244 (House Resolution No. 680-1700).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide a homestead exemption of $8,000.00 from all City of Sylvester ad valorem taxes for each resident of the city who is 62 years of age or over or disabled if his adjusted gross income, together with the adjusted gross income of his spouse who also occupies and resides at such homestead, does not exceed $10,000.00, exclusive of certain

GEORGIA LAWS 1980 SESSION

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retirement, survivor, disability, and pension benefits; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following:
"Any other provisions of this Constitution to the contrary notwithstanding, each resident of the City of Sylvester who is 62 years of age or over or who is disabled is hereby granted an exemption from all City of Sylvester ad valorem taxes, including ad valorem taxes to pay interest on and retire bonded indebtedness, in the amount of $8,000.00 on a homestead owned and occupied by him as a residence if his adjusted gross income, together with the adjusted gross income of his spouse who also occupies and resides at such homestead, does not exceed $10,000.00 for the immediately preceding taxable year. For the purposes of this paragraph, the term `adjusted gross income' shall have the same meaning as that term is defined in the Internal Revenue Code of 1954, as now or hereafter amended, except that adjusted gross income shall not include income or benefits which are received as retirement, survivor or disability benefits under the Federal Social Security Act, or under any other public or private retirement, disability or pension system, except such income or benefits which are in excess of the maximum amount authorized to be received by an individual and his spouse under the Federal Social Security Act, as now or hereafter amended. The value of the residence in excess of the above exempted amount shall remain subject to taxation. In order to qualify for the exemption provided for herein as being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than two physicians licensed to practice medicine under the laws of Georgia, as now or hereafter amended, certifying that in the opinion of such physician or physicians such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Any such owner shall not receive the benefits of such homestead exemption unless he or his agent files an affidavit with the Tax Commissioner of Worth County, giving his age, or if disabled the certificate or certificates provided for herein,

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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 to make a determination as to whether such owner is entitled to such exemption. The Tax Commissioner shall provide affidavit forms for this purpose. Such applications shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto. Provided, that after any such owner has filed the proper affidavit, and certificate or certificates if disabled, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he make application and file the said affidavit and certificate thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any such owner, however, to notify the Tax Commissioner in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The General Assembly may provide by law for the proper administration of this exemption, including penalties necessary therefor. The homestead exemption provided for herein shall apply to all taxable years beginning after December 31, 1980."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"[ ] YES Shall the Constitution be amended so as to provide a homestead exemption of $8,000.00
[ ] NO from all City of Sylvester ad valorem taxes for each resident of the city who is 62 years of age or over or disabled if his adjusted gross income, together with the adjusted gross income of his spouse who also occupies and resides at such homestead, does not exceed $10,000.00, exclusive of certain retirement, survivor, disability, and pension benefits?"

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

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

CITY OF UNION CITY - HOMESTEAD EXEMPTIONS.
Proposed Amendment to the Constitution.
No. 245 (House Resolution No. 683-1706).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide a homestead exemption of $2,000.00 from all Union City ad valorem taxes for certain residents of Union City; to provide for filing procedures; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following:
"Each resident of the City of Union City who is disabled is hereby granted an exemption from all city ad valorem taxes in the amount of $2,000.00 on a homestead owned and occupied by him as a residence if his adjusted gross income as defined in the Internal Revenue Code of 1954, as amended, together with the adjusted gross income of his spouse who also occupies and resides at such homestead, does not exceed $8,000.00 for the immediately preceding tax year for income tax purposes. For the purposes of this paragraph, adjusted gross income shall not include income or benefits which

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GENERAL ACTS AND RESOLUTIONS, VOL. I

are received as retirement, survivor, or disability benefits under the Federal Social Security Act, or under any other public or private retirement, disability, or pension system, except such income or benefits which are in excess of the maximum amount authorized to be received by an individual and his spouse under the Federal Social Security Act. The value of the residence in excess of the aboveexempted amount shall remain subject to taxation. In order to qualify for the exemption provided for herein, the person claiming such exemption shall be required to obtain a certificate from not less than two nor more than three physicians licensed to practice medicine under the laws of this state certifying that, in the opinion of such
physicians, such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity will probably be permanent. Any such person shall not receive the benefits of such homestead exemption unless he, or through his agent, provides the governing authority of the city, or
the person designated by said governing authority, with the certificates provided for herein and files an application with said governing authority of the city, or the person designated by said governing authority, giving the amount of income which he and his spouse received during the last tax year for income tax purposes and such additional information relative to receiving the benefits of such exemption as will enable said governing authority of the city, or the person designated by said governing authority, to make a determination as to whether such person is entitled to such exemption. The governing authority of the city, or the person designated by said governing authority, shall provide the necessary forms for this purpose. Such application shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto. It shall be necessary that he make application and file said certifi-
cates thereafter every five years before said exemption shall be continued. It shall be the duty of any such person, however, to notify the governing authority of the city, or the person designated by said governing authority, in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The General
Assembly may provide by law for the proper administration of this exemption, including penalties necessary therefor. The increased exemption provided for herein shall apply to all tax years beginning after December 31, 1980."

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Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide a homestead exemption of $2,000.00
[ ] NO from all city ad valorem taxes for each resident of Union City who is disabled if his adjusted gross income, together with the adjusted gross income of his spouse who also occupies and resides at such homestead, does not exceed $8,000.00 for the immediately preceding tax year for income tax purposes?"

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

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

CITY OF VALDOSTA - HOMESTEAD EXEMPTIONS.
Proposed Amendment to the Constitution.
No. 246 (House Resolution No. 728-1753).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the homestead, but not to exceed $6,000.00 of the value thereof, of each resident of the City of Valdosta shall be exempt 72

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GENERAL ACTS AND RESOLUTIONS, VOL. I

from all ad valorem taxes levied by the city, including school taxes levied by the City of Valdosta for the independent school district of the City of Valdosta, except to pay interest on and retire bonded indebtedness; to provide that the homestead, but not to exceed $10,000.00 of the value thereof, of each resident of the City of Valdosta who is 65 years of age or over shall be exempt from ail ad valorem taxes levied by the city, including school taxes levied by the City of Valdosta for the independent school district of the City of Valdosta, except to pay interest on and retire bonded indebtedness; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section i. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following:
"The homestead of each resident of the City of Valdosta actually occupied by the owner as a residence and homestead, and only so long as actually occupied by the owner primarily as such, but not to exceed $6,000.00 of its value, is hereby exempted from all ad valorem taxes levied by the city, including school taxes levied by the City of Valdosta for the independent school district of the City of Valdosta, except to pay interest on and retire bonded indebtedness. The value of all property in excess of the foregoing exemption shall remain subject to taxation. Said exemption shall be returned and claimed in such manner as prescribed by the General Assembly. The increased exemption provided for herein shall apply to all taxable years beginning after December 31,1980.
Each resident of the City of Valdosta who is 65 years of age or over is hereby granted an exemption from all ad valorem taxes levied by the city, including school taxes levied by the City of Valdosta for the independent school district of the City of Valdosta, except to pay interest on and retire bonded indebtedness, in the amount of $10,000.00 on a homestead owned and occupied by him as a residence. 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 governing authority of the City of Valdosta or the person designated by the governing

GEORGIA LAWS 1980 SESSION

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authority, giving his age and such additional information relative to receiving the benefits of such exemption as will enable the governing authority of the city or the person designated by the governing authority to make a determination as to whether such owner is entitled to such exemption. The governing authority of the city or the person designated by the governing authority 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. Once any such owner has filed the proper affidavit and has been allowed the exemption provided herein, it shall not be necessary that he make application and file the said affidavit thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any such owner, however, to notify the governing authority of the city or the person designated by the governing authority in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The General Assembly may provide by law for the proper administration of this exemption including penalties necessary therefor. The increased exemption provided for herein shall apply to all taxable years beginning after December 31,1980."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide that the homestead of each resident
[ ] NO to the City of Valdosta, but not to exceed $6,000.00 of the value thereof, and the homestead of each resident of the City of Valdosta who is 65 years of age or over, but not to exceed $10,000.00 of the value thereof, shall be exempt from all ad valorem taxes for city and school purposes, except to pay interest on and retire bonded indebtedness?"

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

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

JACKSON COUNTY BOARD OF EDUCATION.
Proposed Amendment to the Constitution.
No. 247 (House Resolution No. 730-1753).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Jackson County; to provide for the appointment of the School Superintendent of the Jackson County School System; to prescribe the procedure connected therewith; to provide for the establishment of educational districts; to provide for the terms of office of the members of the Board of Education of Jackson County and the Superintendent of the Jackson County School System and their qualifications; to prescribe the procedure whereby vacancies on the Board of Education are to be filled; to provide for submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VIII, Section V, Paragraph II of the Constitution is hereby amended by adding at the end thereof new paragraphs to read as follows:
"The Board of Education of Jackson County shall be composed of five members to be elected as hereinafter provided. For the pur-

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pose of electing such members, Jackson County is hereby divided into the following education districts, excluding any area of Jackson County presently within the territorial boundaries of any independent school system in existence on the date this amendment is ratified: Education District No. 1 shall be composed of Militia District Nos. 428, 1765, 1407, and 248; Education District No. 2 shall be composed of Militia District Nos. 242 and 245; Education District No. 3 shall be composed of Militia District Nos. 253, 1704, and 1747; Education District No. 4 shall be composed of Militia District Nos. 255 and 465; and Education District No. 5 shall be composed of Militia District Nos. 257,455, and 1691.
There shall be one member of the Board elected from each of the five education districts described above. Each such member shall be elected by a majority of the voters voting within the boundaries of each respective education district, provided that only the voters residing outside boundaries of any independent school system in existence at the time such election is to be held shall be eligible to vote for any member of the Board. Any person offering as a candidate to represent an education district on the Board must reside in the district from which he offers and cannot reside within the territorial limits of any independent school system which is in existence on the date such election is to be held. No person shall be eligible for membership on the Board unless he has rpsided in the education district from which he offers as a candidate for at least one year immediately preceding the date of the election. If any member of the Board shall change his residence from the education district that he represents, he shall no longer represent that district and a successor shall be elected as provided herein. In case of a vacancy on the Board for any cause other than expiration of a term of office, the Board shall be authorized to appoint a successor to fill such vacancy until the next general election and, at the time of such general election, the person elected to fill such vacancy shall serve the remainder of the unexpired term. If, however, less than 60 days remain until the next general election from the time such vacancy is created, then the Board in its discretion may elect to allow said vacancy to exist until the general election. Notwithstanding anything herein contained to the contrary, in the event that any change is made by the Jackson County Board of Education in the education districts described herein, such change shall not preclude a person who is serving as a member of the Board of Education at the time such change is made from completing his term as a result of the residency requirement contained in this paragraph.

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The members of the Board of Education in office on the date of the ratification of this amendment, or their appointive successors, shall continue to serve as follows: Said member whose term, except for this amendment, would be due to expire on March 31, 1985, shall continue to serve until December 31, 1982; said members whose terms would be due to expire on March 31, 1981, and March 31, 1982, shall continue to serve until December 3L, 1984; said members whose terms would be due to expire on March 31, 1983, and March 31, 1984, shall continue to serve until December 31, 1986. After the ratification of this amendment, the grand jury shall appoint no members of the Jackson County Board of Education, and the method provided for herein for the filling of vacancies on said Board shall be the method used to fill any vacancies created on the Board after the ratification of this amendment. It is the purpose of this paragraph to retain the appointive members of the Jackson County Board of Education, or their successors in office, until the elections provided for herein are held and the elective members from the education districts created herein are elected and qualified.
Elections to fill the vacancies created by the procedure described in the preceding paragraph shall be held in the following order as each such vacancy occurs: An election shall be held in the November, 1982, general election to fill the vacancy created by the procedure described in the preceding paragraph in what is described herein as Education District No. 5; an election shall be held in the November, 1984, general election to fill the second and third vacancies created by the procedure described in the preceding paragraph in what is described herein as Education District Nos. 1 and 3; an election shall be held in the November, 1986, general election to fill the fourth and fifth vacancies created by the procedure described in the preceding paragraph in Education District Nos. 2 and 4. Each member so elected shall serve for a term of four years and may only serve two consecutive terms. All elections for future Board members shall be held at the general election at which other county officers are elected in the year during which such member's term is to expire, and the person receiving a majority of the votes cast at said election shall take office on the first day of January immediately following their election.
The Board of Education as provided for herein shall be subject to all constitutional provisions and all statutory provisions relative to county boards of education unless such provisions are in conflict with the provisions of this amendment.

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The Board of Education created herein shall have the authority to change the number of education districts created herein, as well as the boundaries of such education districts, in order to satisfy the requirements of any State of Georgia or federal statutory or constitutional provision or whenever in their discretion it is in the best interest of the Jackson County School System to do so. Incidental to this power, the Board of Education shall have the power to determine the effective date of such changes as well as the date on which elections for the representatives of such newly created districts shall be held. Said Board shall also have the authority to increase the number of members of the Board of Education to no more than seven members when, in the discretion of said Board, it is in the best interest of the Jackson County School System to do so.
The Board of Education created herein shall have territorial jurisdiction over all of the area lying within the boundaries of Jackson County and outside of the boundaries of any independent school system in existence on the date this amendment is ratified, together with any additional area within Jackson County which becomes the responsibility of the Board of Education created herein in the future as a result of any statutory or constitutional provision of the State of Georgia."
Section 2. Article VIII, Section V, Paragraph V of the Constitution of the State of Georgia, relating to county school superintendents, is hereby amended by adding at the end thereof the following:
"The Superintendent of the Jackson County School System shall be appointed by a majority vote of the Jackson County Board of Education, as created in this amendment, and shall serve at the pleasure of said Board of Education. Any person, to be eligible to serve as Superintendent, shall meet all requirements of law and of the State Board of Education for the State of Georgia for such office. The position of Superintendent of the Jackson County School System as such position existed prior to the ratification of this amendment is hereby abolished, and the effective date of the provisions of this paragraph shall be January 1, 1981."
Section 3. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.

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The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide for the division of the Jackson Coun-
[ ] NO ty School District into education districts in order to provide for the election of the members of the Board of Education of Jackson County and to provide for the appointment of the Superintendent of the Jackson County School System by said Board of Education?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".

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

HABERSHAM COUNTY - TAXES FOR EDUCATIONAL PURPOSES.
Proposed Amendment to the Constitution.
No. 248 (House Resolution No. 754-1776).
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the Board of Education of Habersham County to direct the governing authority of Habersham County to impose throughout the entire county certain excise taxes on alcoholic beverages sold within Habersham County and to authorize said Board to receive funds derived from such taxes and expend same for educational purposes within the Habersham County school district; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article IX, Section V, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following:
"The Board of Education of Habersham County, upon the adoption of a resolution by said Board for such purpose, is hereby authorized to direct the governing authority of Habersham County to impose, on behalf of said Board of Education, any one or more of the following taxes:
(1) An excise tax not exceeding five cents per 12 ounces, or a proportionate tax at like rate on bottles, cans, and containers of various sizes, on the sale of malt beverages within Habersham County. Such tax may also be imposed on tap or draft beer sold within Habersham County at a rate not exceeding $6.00 for each barrel or bulk container containing 15 1/2 gallons, or a proportionate tax at like rate for containers of various sizes.
(2) An excise tax not exceeding 25 cents per gallon, or a proportionate tax at like rate on fractional parts of a gallon, on the sale within Habersham County of wines, whether produced from fruits or berries grown within or without the state, having an alcoholic content of 14 percent or more by volume.
(3) An excise tax not exceeding 80 cents per gallon, or a proportionate tax at like rate on fractional parts of a gallon, on the sale within Habersham County of distilled spirits or spirituous liquors if the sale of such distilled spirits or spirituous liquors within Habersham County hereafter becomes legal in the manner provided by law.
If the Board of Education of Habersham County adopts a resolution directing that one or more of the taxes authorized above be imposed, it shall be the duty of the governing authority of Habersham County to impose and collect such tax beginning on the date specified in the resolution adopted by said Board of Education. Said resolution shall specify the rate, within the foregoing limitations, of any such tax. Said tax shall be imposed on behalf of the Board of Education, and the proceeds therefrom shall be paid to the Board of Education, in a manner and at such times as shall be

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specified by the resolution adopted by said Board of Education, to be used by said Board for educational purposes within the Habersham County school district. The Board of Education of Habersham County shall be authorized to receive and expend funds derived from any such tax for such educational purposes, notwithstanding any other provision of this Constitution, and receiving such funds shall not modify, restrict, limit or supersede the authority of said Board of Education to cause the levy of ad valorem taxes for educational purposes as provided by law and this Constitution. The governing authority of Habersham County shall be authorized to deduct from the proceeds of any tax imposed hereunder a reasonable amount, not to exceed five percent of such proceeds, for administrative expenses incurred by the county in imposing and collecting any such tax on behalf of the Board of Education. Any tax authorized hereunder may be imposed and collected at either the wholesale or retail level, but such tax may not be imposed at both the wholesale and retail level on the same alcoholic beverages. Any tax authorized hereunder shall be imposed throughout the territorial limits of Habersham County, both within and without any incorporated areas in the county, and shall be in addition to any such tax heretofore or hereafter imposed or authorized to be imposed by the state or by counties and municipalities.
Any action taken by the Board of Education of Habersham County and the governing authority of said county to carry out and implement the powers hereinabove granted shall not be repealed, modified or superseded by any general or local law, whether presently existing or hereafter enacted. Such powers may be exercised by said Board of Education and county governing authority from time to time, and any tax imposed within Habersham County pursuant to such powers may be repealed, modified or superseded by subsequent action of said Board of Education and county governing authority."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as authorize the Board of Education of Haber-

GEORGIA LAWS 1980 SESSION

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[ ] NO sham County to direct the governing authority of Habersham County to impose certain excise taxes on alcoholic beverages sold within all parts of Habersham County and to authorize said Board to receive funds derived from such taxes and expend same for educational purposes within the Habersham County school district?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

HABERSHAM COUNTY - HOMESTEAD EXEMPTIONS.
Proposed Amendment to the Constitution.
No. 249 (House Resolution No. 755-1776).
A RESOLUTION
Proposing an amendment to the Constitution so as to exempt certain homestead property in Habersham County from ad valorem taxes levied for school purposes; to provide limitations; to provide for submission of this amendment for ratification or rejection; and for other purposes.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding a new paragraph immediately preceding the ultimate paragraph thereof, to read as follows:
"Any other provisions of this Constitution to the contrary notwithstanding, each resident of Habersham County who is 65 years of age or over and each resident who is totally disabled is hereby granted an exemption from all Habersham County ad valorem taxes for school purposes on the full value of the homestead owned and occupied by him as a residence if his adjusted gross income (as defined in the Internal Revenue Code of 1954, as now or hereafter amended) does not exceed $12,000.00 for the immediately preceding taxable year. Such adjusted gross income, as used herein, shall include income from whatever source derived other than any federal old-age survivors or disability insurance benefits or benefits received from any retirement or pension fund when such benefits are based on contributions made thereto by such resident. The exemption contained herein does apply to bonded indebtedness. Any such owner shall not receive the benefits of such homestead exemption unless he or his agent files an affidavit with the Tax Commissioner of Habersham County, giving his age and the amount of income which he 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 to make a determination as to whether such owner is entitled to such exemption. In addition, each owner who is totally disabled shall not receive the benefits of such homestead exemption unless he or his'agent files affidavits from at least two licensed medical doctors stating that in their professional opinion such owner is, by reason of physical or mental disability, unable to obtain gainful employment and such disability is likely to be permanent. The Tax Commissioner shall provide affidavit forms for these purposes. Such applications shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto. Provided, that after any such owner has filed the proper affidavit, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he make application and file

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the said affidavit and certificate thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any such owner, however, to notify the Tax Commissioner in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The General Assembly may provide by law for the proper administration of this exemption, including penalties necessary therefor. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 1980. Said $12,000.00 income limitation may be adjusted annually by the governing authority of Habersham County to compensate for inflation or deflation, but any such adjustment must be based on the federal consumer price index compiled by the United States government or some other equally reliable economic indicator."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"[ ] YES Shall the Constitution be amended so as to exempt from Habersham County school taxes
[ ] NO the value of a homestead owned by an individual who is totally disabled or 65 years of age or older and has an annual income of not more than $12,000.00 exclusive of retirement benefits?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

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CITY OF THOMASTON BUSINESS DEVELOPMENT AUTHORITY.
Proposed Amendment to the Constitution.
No. 250 (House Resolution No. 757-1778).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the establishment of the City of Thomaston Business Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article IX, Section VIII, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following paragraph:
"The General Assembly shall be authorized to create in and for the City of Thomaston the City of Thomaston Business Development Authority for the purpose of redevelopment of any one or more business districts of said City of Thomaston. Said authority, when created by the General Assembly, shall have the power to employ engineers, planners, architects, accountants, attorneys, and such other persons as deemed by it to be needful or necessary and shall have the power to acquire property, real and personal, and to contract for the same, as well as to construct or reconstruct, or contract to construct or reconstruct, buildings, ways, and facilities in such areas in the City of Thomaston as may be, from time to time, placed within its jurisdiction by Act of the General Assembly; and said authority shall have the power to contract with the City of Thomaston for the construction, reconstruction, altering, changing, or closing of streets, alleys, or other ways. The General Assembly shall be authorized to define and redefine, from time to time, by local legislation the area or areas within the City of Thomaston which shall be under the jurisdiction of the said City of Thomaston Business Development Authority and each such area thus defined shall constitute a separate and special tax district within the City of Thomaston; and the authority is hereby authorized and empowered

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to levy and collect taxes within each such district based upon the values of the taxable real property located in each such district as fixed and determined for ad valorem taxes for the City of Thomaston in order to generate funds for said authority to defray the costs of its operations and undertakings; and said taxes shall be collected and enforced in the same manner as ad valorem taxes levied by said City of Thomaston. The authority shall have the power to issue notes or bonds, as well as revenue certificates and/or revenue bonds, and to pledge revenues and to levy and collect taxes within each such special taxing district for the retirement of indebtedness created as to each such district. No taxes shall be levied by said authority for any purpose against owner-occupied property which is used exclusively for residential purposes or property used for school or religious purposes. The authority shall not have the right and power of eminent domain for the purpose of acquiring property in the carrying out of its aims and objectives in improving and avoiding deterioration of the areas of the City of Thomaston placed under its jurisdiction. The General Assembly shall provide by local legislation for all matters relating to the composition of the authority's governing body, its members' qualifications, manner of appointment, selection or election, and terms of office. The General Assembly is further hereby vested with plenary power to define any of the terms used in this paragraph and to further specify the powers which may be exercised by said authority, as well as its purposes, aims, and objectives. The said City of Thomaston Business Development Authority, when created by the General Assembly, shall be a political subdivision of the State of Georgia, clothed with sovereign immunity; and interest on its evidences of debt shall enjoy exemption from taxation in the same manner as obligations of municipal corporations of this state."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"[ ] YES Shall the Constitution be amended so as to provide for the establishment of the City of
[ ] NO Thomaston Business Development Authority

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and to provide for the powers, duties, and responsibilities of said authority?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

BARTOW COUNTY - HOMESTEAD EXEMPTIONS.
Proposed Amendment to the Constitution.
No. 251 (House Resolution No. 758-1796).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that each resident of the Bartow County School District who is sixtytwo years of age or over and whose income from all sources, including the income of all family members residing within said homestead, does not exceed $12,000.00 per annum shall be granted an exemption from all Bartow County School District taxes on the full value of his homestead owned and occupied by him as a residence; to provide for the submission of this amendment for ratification or rejection; to repeal a specific resolution; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA;
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following paragraph;

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"The homestead of each resident of the Bartow County School District who is sixty-two years of age or over and who does not have an income from all sources, including the income of all members of the family residing within said homestead, exceeding $12,000.00 per annum, shall be exempt by law from all ad valorem taxation for educational purposes levied for and in behalf of such school system, including taxes to retire school bond indebtedness. No such exemption shall be granted unless an affidavit of the owner of the homestead is filed with the Tax Commissioner of Bartow County giving his age, the amount of income which he received for the immediately preceding calendar year, the income which the members of his family residing within the homestead received for such period, and such other additional information relative to receiving the benefits of the exemption granted by this paragraph as will enable the tax commissioner to make a determination as to whether such owner is entitled to said exemption. The tax commissioner shall provide affidavit forms for this purpose. The exemption granted to the homestead within this paragraph shall extend to and shall apply to those properties, the legal title to which is vested in one or more titleholders, if actually occupied by one or more such owners as a residence, and one or more such titleholders possesses the qualifications provided for in this paragraph. In such instances, such exemptions shall be granted to such properties, if claimed in the manner herein provided by one or more of the owners actually residing in such property. Such exemptions shall also extend to those homesteads, the title to which is vested in an administrator, executor or trustee, if one or more of the heirs or cestui que uses residing on such property shall possess the qualifications provided for herein and shall claim the exemptions granted by this paragraph in the manner herein provided. The exemption provided for herein shall apply to all taxable years beginning after December 31,1980."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide that each resident of the Bartow

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GENERAL ACTS AND RESOLUTIONS, VOL. I

[ ] NO County School District who is sixty-two years of age or over and whose income from all sources, including the income of all family members residing within said homestead, does not exceed $12,000.00 per annum shall be
granted an exemption from all Bartow County School District taxes on the full value of his homestead owned and occupied by him as a residence?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
Section 3. House Resolution 520-1361 of the 1980 regular session of the General Assembly is hereby repealed in its entirety.

CLAYTON COUNTY BUSINESS AND INDUSTRIAL AUTHORITY.
Proposed Amendment to the Constitution.
No. 252 (House Resolution No. 771-1805).
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the creation of the Clayton County Business and Industrial Authority and to provide for its purposes, powers, and duties and to authorize the General Assembly to provide by law for the exercise of the powers of taxation within Clayton County and within special districts created

GEORGIA LAWS 1980 SESSION

2291

within such county and for the expenditure of public funds derived therefrom in connection with the creation and operation of such Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article IX, Section IV, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following:
"The General Assembly is hereby authorized to provide by law for the creation of the Clayton County Business and Industrial Authority for the purposes of promoting and developing trade, commerce, industry, and employment opportunities within Clayton County and for the purposes of providing cultural, recreational, governmental, and public facilities within Clayton County, which are hereby found and declared to be essential governmental functions and public purposes vital to the welfare of the people of Clayton County. The General Assembly may authorize Clayton County to tax and expend public funds in furtherance of such purposes and may authorize the creation of special districts within Clayton County and authorize taxation only within such districts and the expenditure of funds derived therefrom in furtherance of such purposes. The General Assembly may vest the Authority created pursuant to this paragraph with such powers as the General Assembly may deem necessary to enable such Authority to carry out and further the governmental functions and public purposes for which such Authority was created. The General Assembly may authorize the issuance of revenue bonds and other obligations for the purposes of this paragraph and may authorize the Authority created pursuant to the powers herein granted to enter into contracts with Clayton County and other public and private entities to carry out and implement such purposes. The General Assembly may further provide that any revenue bonds or other obligations issued pursuant to any law implementing the powers herein granted shall not constitute debt within the meaning of Article IX, Section VII of this Constitution."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.

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

"[ ] YES Shall the Constitution be amended so as to authorize the General Assembly to provide by
[ ] NO law for the creation of the Clayton County Business and Industrial Authority and to provide for its purposes, powers, and duties and to authorize the General Assembly to provide by law for the exercise of the powers of taxation within Clayton County and within special districts created within such county and for the expenditure of public funds derived therefrom in connection with the creation and operation of such Authority?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

ATKINSON COUNTY -- HOMESTEAD EXEMPTIONS. Proposed Amendment to the Constitution. No. 253 (House Resolution No. 772-1805). A RESOLUTION
Proposing an amendment to the Constitution so as to provide that each resident of the Atkinson County School District who is

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2293

sixty-two years of age or over and whose income from all sources, including the income of all family members residing within said homestead, does not exceed $ 12,000.00 per annum shall be granted an exemption from all Atkinson County School District taxes in the amount of $10,000.00 of the assessed value of the homestead owned and occupied by him as a residence; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following paragraph:
"The homestead of each resident of the Atkinson County School District who is sixty-two years of age or over and who does not have an income from all sources, including the income of all members of the family residing within said homestead, exceeding $12,000.00 per annum, is hereby granted an exemption of $10,000.00 of its assessed value from all ad valorem taxation for educational purposes levied for and in behalf of such school system, including taxes to retire school bond indebtedness. No such exemption shall be granted unless an affidavit of the owner of the homestead is filed with the Tax Commissioner of Atkinson County giving his age, the amount of income which he received for the immediately preceding calendar year, the income which the members of his family residing within the homestead received for such period, and such other additional information relative to receiving the benefits of the exemption granted by this paragraph as will enable the tax commissioner to make a determination as to whether such owner is entitled to said exemption. The tax commissioner shall provide affidavit forms for this purpose. The exemption granted to the homestead within this paragraph shall extend to and shall apply to those properties, the legal title to which is vested in one or more titleholders, if actually occupied by one or more such owners as a residence, and one or more such titleholders possesses the qualifications provided for in this paragraph. In such instances, such exemptions shall be granted to such properties, if claimed in the manner herein provided by one or more of the owners actually residing in such property. Such exemptions shall also extend to those homesteads, the title to which is vested in an administrator, executor or trustee, if one or more of

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the heirs or cestui que uses residing on such property shall possess the qualifications provided for herein and shall claim the exemptions granted by this paragraph in the manner herein provided. The exemption provided for herein shall apply to all taxable years beginning after December 31, 1980."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide that each resident of the Atkinson
[ ] NO County School District who is sixty-two years of age or over and whose income from all sources, including the income of all family members residing within said homestead, does not exceed $12,000.00 per annum shall be granted a homestead exemption of $10,000.00 from all Atkinson County School District ad valorem taxes?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

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CLINCH COUNTY -- HOMESTEAD EXEMPTIONS.
Proposed Amendment to the Constitution.
No. 254 (House Resolution No. 773-1805).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that each resident of the Clinch County School District who is sixtytwo years of age or over and whose income from all sources, including the income of all family members residing within said homestead, does not exceed $12,000.00 per annum shall be granted an exemption from all Clinch County School District taxes in the amount of $ 10,000.00 of the assessed value of the homestead owned and occupied by him as a residence; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following paragraph:
"The homestead of each resident of the Clinch County School District who is sixty-two years of age or over and who does not have an income from all sources, including the income of all members of the family residing within said homestead, exceeding $12,000.00 per annum, is. hereby granted an exemption of $10,000.00 of its assessed value from all ad valorem taxation for educational purposes levied for and in behalf of such school system, including taxes to retire school bond indebtedness. No such exemption shall be granted unless an affidavit of the owner of the homestead is filed with the Tax Commissioner of Clinch County giving his age, the amount of income which he received for the immediately preceding calendar year, the income which the members of his family residing within the homestead received for such period, and such other additional information relative to receiving the benefits of the exemption granted by this paragraph as will enable the tax commissioner to make a determination as to whether such owner is entitled to said exemption. The tax commissioner shall provide affidavit forms for

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this purpose. The exemption granted to the homestead within this paragraph shall extend to and shall apply to those properties, the legal title to which is vested in one or more titleholders, if actually occupied by one or more such owners as a residence, and one or more such titleholders possesses the qualifications provided for in this paragraph. In such instances, such exemptions shall be granted to such properties, if claimed in the manner herein provided by one or more of the owners actually residing in such property. Such exemptions shall also extend to those homesteads, the title to which is vested in an administrator, executor or trustee, if one or more of the heirs or cestui que uses residing on such property shall possess the qualifications provided for herein and shall claim the exemptions granted by this paragraph in the manner herein provided. The exemption provided for herein shall apply to all taxable years beginning after December 31, 1980."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide that each resident of the Clinch
[ ] NO County School District who is sixty-two years of age or over and whose income from all sources, including the income of all family members residing within said homestead, does not exceed $12,000.00 per annum shall be granted a homestead exemption of $10,000.00 from all Clinch County School District ad valorem taxes?
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

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CHARLTON COUNTY - HOMESTEAD EXEMPTIONS.
Proposed Amendment to the Constitution.
No. 255 (House Resolution No. 774-1805).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that each resident of the Charlton County School District who is sixty-two years of age or over and whose income from all sources, including the income of all family members residing within said homestead, does not exceed $12,000.00 per annum shall be granted an exemption from all Charlton County School District taxes in the amount of $ 10,000.00 of the assessed value of the homestead owned and occupied by him as a residence; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following paragraph:
"The homestead of each resident of the Charlton County School District who is sixty-two years of age or over and who does not have an income from all sources, including the income of all members of the family residing within said homestead, exceeding $12,000.00 per annum, is hereby granted an exemption of $10,000.00 of its assessed value from all ad valorem taxation for educational purposes levied for and in behalf of such school system, including taxes to retire school bond indebtedness. No such exemption shall be granted unless an affidavit of the owner of the homestead is filed with the Tax Commissioner of Charlton County giving his age, the amount of income which he received for the immediately preceding calendar year, the income which the members of his family residing within the homestead received for such period, and such other addi-

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tional information relative to receiving the benefits of the exemption granted by this paragraph as will enable the tax commissioner to make a determination as to whether such owner is entitled to said exemption. The tax commissioner shall provide affidavit forms for this purpose. The exemption granted to the homestead within this paragraph shall extend to and shall apply to those properties, the legal title to which is vested in one or more titleholders, if actually occupied by one or more such owners as a residence, and one or more such titleholders possesses the qualifications provided for in this paragraph. In such instances, such exemptions shall be granted to such properties, if claimed in the manner herein provided by one or more of the owners actually residing in such property. Such exemptions shall also extend to those homesteads, the title to which is vested in an administrator, executor or trustee, if one or more of the heirs or cestui que uses residing on such property shall possess the qualifications provided for herein and shall claim the exemptions granted by this paragraph in the manner herein provided. The exemption provided for herein shall apply to all taxable years beginning after December 31, 1980."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide that each resident of the Charlton
[ ] NO County School District who is sixty-two years of age or over and whose income from all sources, including the income of all family members residing within said homestead, does not exceed $12,000.00 per annum shall be granted a homestead exemption of $10,000.00 from all Charlton County School District ad valorem taxes?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."

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

WARE COUNTY ^ HOMESTEAD EXEMPTIONS.
Proposed Amendment to the Constitution.
No. 256 (House Resolution No. 775-1805).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that each resident of the Ware County School District who is sixtytwo years of age or over and whose income from all sources, including the income of all family members residing within said homestead, does not exceed $12,000.00 per annum shall be granted an exemption from all Ware County School District taxes in the amount of $10,000.00 of the assessed value of the homestead owned and occupied by him as a residence; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following paragraph:
"The homestead of each resident of the Ware County School District who is sixty-two years of age or over and who does not have an income from all sources, including the income of all members of the family residing within said homestead, exceeding $12,000.00 per annum, is hereby granted an exemption of $10,000.00 of its assessed value from all ad valorem taxation for educational purposes levied for and in behalf of such school system, including taxes to retire school bond indebtedness. No such exemption shall be

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granted unless an affidavit of the owner of the homestead is filed with the Tax Commissioner of Ware County giving his age, the amount of income which he received for the immediately preceding calendar year, the income which the members of his family residing within the homestead received for such period, and such other additional information relative to receiving the benefits of the exemption granted by this paragraph as will enable the tax commissioner to make a determination as to whether such owner is entitled to said exemption. The tax commissioner shall provide affidavit forms for this purpose. The exemption granted to the homestead within this paragraph shall extend to and shall apply to those properties, the legal title to which is vested in one or more titleholders, if actually occupied by one or more such owners as a residence, and one or more such titleholders possesses the qualifications provided for in this paragraph. In such instances, such exemptions shall be granted to such properties, if claimed in the manner herein provided by one or more of the owners actually residing in such property. Such exemptions shall also extend to those homesteads, tbe title to which is vested in an administrator, executor or trustee, if one or more of the heirs or cestui que uses residing on such property shall possess the qualifications provided for herein and shall claim the exemptions granted by this paragraph in the manner herein provided. The exemption provided for herein shall apply to all taxable years beginning after December 31, 1980."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provided that each resident of the Ware
[ ] NO County School District who is sixty-two years of age or over and whose income from all sources, including the income of all family members residing within said homestead, does not exceed $12,000.00 per annum shall be granted a homestead exemption of $10,000.00 from all Ware County School District ad valorem taxes?"

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All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

CITY OF WAYCROSS -- HOMESTEAD EXEMPTIONS.
Proposed Amendment to the Constitution.
No. 257 (House Resolution No. 776-1805).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that each resident of the City of Waycross Independent School District who is sixty-two years of age or over and whose income from all sources, including the income of all family members residing within said homestead, does not exceed $12,000.00 per annum shall be granted an exemption from all ad valorem taxes levied by the City of Waycross for educational purposes in the amount of $10,000.00 of the assessed value of the homestead owned and occupied by him as a residence; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following paragraph:
"The homestead of each resident of the City of Waycross Independent School District who is sixty-two years of age or over and who does not have an income from all sources, including the

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income of all members of the family residing within said homestead, exceeding $12,000.00 per annum, is hereby granted an exemption of $10,000.00 of its assessed value from all ad valorem taxation levied by the City of Waycross for educational purposes, including taxes to retire school bond indebtedness. No such exemption shall be granted unless an affidavit of the owner of the homestead is filed with the governing authority of the City of Waycross giving his age, the amount of income which he received for the immediately preceding calendar year, the income which the members of his family residing within the homestead received for such period, and such other additional information relative to receiving the benefits of the exemption granted by this paragraph as will enable said governing authority to make a determination as to whether such owner is entitled to said exemption. Said governing authority shall provide affidavit forms for this purpose. The exemption granted to the homestead within this paragraph shall extend to and shall apply to those properties, the legal title to which is vested in one or more titleholders, if actually occupied by one or more such owners as a residence, and one or more such titleholders possesses the qualifications provided for in this paragraph. In such instances, such exemptions shall be granted to such properties, if claimed in the manner herein provided by one or more of the owners actually residing in such property. Such exemptions shall also extend to those homesteads, the title to which is vested in an administrator, executor or trustee, if one or more of the heirs or cestui que uses residing on such property shall possess the qualifications provided for herein and shall claim the exemptions granted by this paragraph in the manner herein provided. The exemption provided for herein shall apply to all taxable years beginning after December 31,1980."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide that each resident of the City of
[ ] NO Waycross Independent School District who is

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sixty-two years of age or over and whose income from all sources, including the income of all family members residing within said homestead, does not exceed $12,000.00 per annum shall be granted a homestead exemption of $10,000.00 from all ad valorem taxes levied by the City of Waycross for educational purposes?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

HENRY COUNTY - ORDINANCES, ETC.
Proposed Amendment to the Constitution.
No. 258 (House Resolution No. 778-1823).
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize and empower the governing authority of Henry County, Georgia, to enact ordinances and traffic and animal control regulations for the policing and governing of the unincorporated areas of said county and the enforcement of all duties and powers now or hereafter vested in said board and provide penalties for violation of such ordinances; to provide for the submission of this amendment for ratification or rejection at the next general election; and for other purposes.

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BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VI, Section I of the Constitution is hereby amended to add at the end thereof a new paragraph to read as follows:
"The governing authority of Henry County is hereby authorized and empowered to adopt ordinances and regulations, including but not limited to traffic and animal control regulations, for the governing and policing of the unincorporated areas of said county for the purpose of protecting and preserving the health, safety, welfare, and morals of the citizens thereof as it may deem advisable, not in conflict with the general laws of this state and of the United States, and for the implementation and enforcement of all duties and powers now or hereafter vested in said governing authority; and to provide penalties for violations of such ordinances, setting the nature and amount of such penalties or punishments; and to have same enforced in the court which shall have jurisdiction in Henry County over such offenses."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to authorize and empower the governing authori-
[ ] NO ty of Henry County to adopt ordinances or regulations, including traffic and animal control regulations, for the governing and policing of the unincorporated areas of said county and to enact punishment or penalties for the violation of such ordinances?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."

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

CLARKE COUNTY - MERIT SYSTEM OF EMPLOYMENT.
Proposed Amendment to the Constitution.
No. 259 (House Resolution No. 781-1830).
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the board of commissioners of Clarke County to provide by ordinance or resolution for the creation of a merit system of employment and personnel administration for employees of Clarke County paid in whole or in part by county funds, other than elected and certain appointed officials; to provide for matters relating thereto; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article IX, Section V, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following paragraph:
"Notwithstanding any other provision of this Constitution to the contrary, the board of commissioners of Clarke County is hereby authorized to provide by ordinance or resolution for the creation of a merit system of employment and personnel administration for employees of the county who are paid in whole or in part by county funds, other than officials elected by the people or persons appointed to a position for a specified term. The merit system shall be administered pursuant to rules and regulations for the Clarke County Merit System adopted by ordinance or resolution by the 73

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board of commissioners of Clarke County. Subsequent to the creation of the merit system, the board of commissioners of Clarke County may provide by ordinance or resolution that positions of employment within departments subject to the jurisdiction of the probate judge, the tax commissioner, the sheriff, and the clerk of superior court or other commissions, boards, or bodies shall be subject to the rules and regulations of the merit system upon the written application of the county officer, commission, board, or body having the power of appointment, employment, or removal from positions within that office, department, commission, board, or body. Once positions of employment are made subject to the rules and regulations of the merit system, they shall not be removed thereafter from the coverage of the merit system. All ordinances or resolutions adopted pursuant to this paragraph shall control in Clarke County over any general law or local law heretofore or hereinafter enacted by the General Assembly dealing with matters provided for in this paragraph."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to authorize the board of commissioners of
[ ] NO Clarke County to provide by ordinance or resolution for the creation of a merit system of employment and personnel administration for employees of Clarke County paid in whole or in part by county funds, other than elected or certain appointed officials?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

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TURNER COUNTY HOMESTEAD EXEMPTIONS.
Proposed Amendment to the Constitution.
No. 260 (House Resolution No. 785-1850).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide a homestead exemption of $8,000.00 from all Turner County and Turner County School District ad valorem taxes for each resident of Turner County who is 62 years of age or over or disabled if his adjusted gross income, together with the adjusted gross income of his spouse who also occupies and resides at such homestead, does not exceed $ 10,000.00, exclusive of certain retirement, survivor, disability, and pension benefits; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following:
"Any other provisions of this Constitution to the contrary notwithstanding, each resident of Turner County who is 62 years of age or over or who is disabled is hereby granted an exemption from all Turner County and Turner County School District ad valorem taxes, including ad valorem taxes to pay interest on and retire bonded indebtedness, in the amount of $8,000.00 on a homestead owned and occupied by him as a residence if his adjusted gross income, together with the adjusted gross income of his spouse who also occupies and resides at such homestead, does not exceed $10,000.00 for the immediately preceding taxable year. For the purposes of this paragraph, the term `adjusted gross income' shall have the same meaning as that term is defined in the Internal Revenue Code of 1954, as now or hereafter amended, except that adjusted gross income shall not include income or benefits which

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GENERAL ACTS AND RESOLUTIONS, VOL. I

are received as retirement, survivor or disability benefits under the Federal Social Security Act, or under any other public or private retirement, disability or pension system, except such income or benefits which are in excess of the maximum amount authorized to be
received by an individual and his spouse under the Federal Social Security Act, as now or hereafter amended. The value of the resi-
dence in excess of the above exempted amount shall remain subject to taxation. In order to qualify for the exemption provided for herein as being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than two physicians licensed to practice medicine under the laws of Georgia, as now or hereafter amended, certifying that in the opinion of such physician or physicians such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Any such owner shall not receive the benefits of such homestead exemption unless he or his agent files an affidavit with the Tax Commissioner of Turner County, giving his age, or if disabled the certificate or certificates provided for herein, 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 to make a determination as to whether such owner is entitled to such exemption. The Tax Commissioner shall provide affidavit
forms for this purpose. Such applications shall be processed in the same manner as other applications for homestead exemption, and
the provisions of law applicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto. Provided, that after any such owner has filed the proper affidavit, and certificate or certificates if disabled, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he make application and file the said affidavit and certificate thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any such owner, however, to notify the Tax Commissioner in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The General Assembly may provide by law for the proper administration of this exemption, including penalties necessary therefor. It is specifically provided that the homestead exemption provided for herein shall not apply to the one-quarter mill ad valorem tax levied by the state, but in all other respects such homestead exemption shall supersede and

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replace a homestead exemption from county taxes for residents of Turner County who are 65 years of age or over and a homestead exemption from school taxes for Turner County residents who are 62 years of age or over when such homestead exemptions have been provided by previously existing provisions of this Constitution. The homestead exemptions provided for herein shall apply to all taxable years beginning after December 31,1980."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide a homestead exemption of $8,000.00
[ ] NO from all Turner County and Turner County School District ad valorem taxes for each resident of Turner County who is 62 years of age or over or disabled if his adjusted gross income, together with the adjusted gross income of his spouse who also occupies and resides at such homestead, does not exceed $10,000.00, exclusive of certain retirement, survivor, disability, and pension benefits?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

CLAYTON COUNTY 4M HOMESTEAD EXEMPTIONS.
Proposed Amendment to the Constitution.
No. 261 (House Resolution No. 807-1870).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide a homestead exemption from county ad valorem taxation to resident homeowners in Clayton County in an amount of $4,000.00 and to provide a homestead exemption of $8,000.00 from county ad valorem taxation to resident homeowners in Clayton County who are 65 years of age or older whose net income, together with the net income of his or her spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources, does not exceed $4,000.00 per annum; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following new paragraphs:
"Any other provisions of this Constitution to the contrary notwithstanding, each resident of Clayton County is hereby granted an exemption from all Clayton County ad valorem taxes, except taxes levied by said county to pay interest on and retire bonded indebtedness, in the amount of $4,000.00 of the value of the homestead owned and occupied by said resident within Clayton County. For the purposes of Clayton County ad valorem taxes, the homestead exemption granted herein shall be in lieu of the heretofore existing basic homestead exemption of $2,000.00, and the provisions of this Constitution and of law relating to such basic homestead exemption shall apply to the homestead exemption granted herein, except for the amount thereof. The homestead exemption granted herein shall apply to all taxable years beginning after December 31,1980.

GEORGIA LAWS 1980 SESSION

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Any other provisions of this Constitution to the contrary notwithstanding, each resident of Clayton County who is 65 years of age or over is hereby granted an exemption from all Clayton County ad valorem taxes in the amount of $8,000.00 on the homestead owned and occupied by him as a residence within Clayton County, 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, does not exceed $4,000.00 for the immediately preceding taxable year for income tax purposes. For the purposes of Clayton County ad valorem taxes, the homestead exemption granted herein shall be in lieu of the heretofore existing general homestead exemption of $4,000.00 for persons who are 65 years of age or over and who have an income not exceeding $4,000.00 per annum, and the provisions of this Constitution and of law relating to such homestead exemption shall apply to the homestead exemption granted herein, except for the amount thereof. The homestead exemption granted herein shall apply to all taxable years beginning after December 31,1980. "
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide for a homestead exemption for resi-
[ ] NO dent homeowners of Clayton County in an amount of $4,000.00 and to provide for a homestead exemption in the amount of $8,000.00 for resident homeowners of Clayton County who are 65 years of age or older, whose net income, together with the net income of his or her spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources, does not exceed $4,000.00 per annum?"

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GENERAL ACTS AND RESOLUTIONS, VOL. I

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

PAULDING COUNTY - HOMESTEAD EXEMPTIONS.
Proposed Amendment to the Constitution.
No. 262 (House Resolution No. 823-1875).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for a homestead exemption of $12,000.00 from all Paulding County ad valorem taxes, including ad valorem taxes for the Paulding County school district, for residents of Paulding County who are disabled and who have a net income not exceeding $ 12,000.00 for the immediately preceding taxable year; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following paragraph:
"Any other provisions of this Constitution to the contrary notwithstanding, each resident of Paulding County who is disabled is hereby granted an exemption from all Paulding County ad valorem taxes, including ad valorem taxes for the Paulding County school district, in the amount of $12,000.00 on a homestead owned and occupied by him as a residence if his net income, together with the

GEORGIA LAWS 1980 SESSION

2313

net income of his spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources, except as hereinafter provided, does not exceed $ 12,000.00 for the immediately preceding taxable year for income tax purposes. For the purposes of this paragraph, net income shall not include income received as retirement, survivor or disability benefits under the Federal Social Security Act or under any other public or private retirement, disability or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and his spouse under the Federal Social Security Act, and income from such sources in excess of such maximum amount shall be included as net income for the purposes of this paragraph. The value of the residence in excess of the above exempted amount shall remain subject to taxation. In order to qualify for the exemption provided for herein, the person claiming such exemption shall be required to obtain a certificate from not less than one nor more than three physicians licensed to practice medicine under Code Chapter 84-9, relative to medical practitioners, of the Code of Georgia, as now or hereafter amended, certifying that such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Any such person shall not receive the benefits of such homestead exemption unless he, or through his agent, provides the Tax Commissioner of Paulding County with the certificates provided for herein and files an application with said Tax Commissioner giving 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 said Tax Commissioner to make a determination as to whether such person is entitled to such exemption. The Tax Commissioner shall provide the necessary 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 exist or may hereafter be amended, shall apply thereto, but after any such person has filed the proper application and certificates, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he make application and file said certificates thereafter for any year and the said exemption shall continue to be allowed to such person. It shall be the duty of any such person, however, to notify the Tax Commissioner in the event he becomes ineligible for any reason for the exemption pro-

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GENERAL ACTS AND RESOLUTIONS, VOL. I

vided in this paragraph. The General Assembly may provide by law for the proper administration of this exemption, including penalties necessary therefor. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 1980."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to provide for a homestead exemption of $12,000
[ ]NO from all Paulding County ad valorem taxes, including ad valorem taxes for the Paulding County school district, for residents of Paulding County who are disabled and who have a net income not exceeding $12,000.00 for the immediately preceding taxable year?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

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2315

GRIFFIN DEVELOPMENT AUTHORITY.
Proposed Amendment to the Constitution.
No. 263 (House Resolution No. 826-1885).
A RESOLUTION
Proposing an amendment to the Constitution so as to ratify the act of the General Assembly approved by the Governor April 11, 1979 (1979 Ga. Laws p. 4532), which created the Griffin Development Authority, as amended, and to amend such act by restating it in its entirety; to create the Griffin Development Authority; to declare the public purposes and governmental functions of the Authority; to provide for membership of the Authority; to define and describe a Development District, within which the Authority shall operate, in the City of Griffin;' to define certain terms and words used herein; to provide that the Authority shall not have the power of taxation or eminent domain; to provide the powers of the Authority; to authorize the Authority to issue revenue bonds, notes and other obligations; to permit the use of trust indentures or trust agreements to secure any bonds of the Authority; to provide for investments and deposits of bonds of the Authority; to exempt property of the Authority from taxation; to provide that the Authority shall determine the form of its bonds; to provide for signatures and seals on bonds of the Authority; to provide that bonds of the Authority shall be negotiable; to authorize sale of the Authority's bonds, notes and other obligations; to provide for interim receipts and certificates or temporary bonds; to provide for replacement of mutilated, lost or destroyed bonds; to provide for certain conditions precedent to issuance of bonds, notes and other obligations of the Authority; to provide that no debt of the City of Griffin or any county, municipality or political subdivision of the State of Georgia shall be created by virtue of any bonds, notes or other obligations of the Authority; to permit exercise of remedies by bondholders or trustees; to provide for validation of revenue bonds of the Authority; to provide for liberal construction of this amendment; to provide for an effective date; to provide that this amendment shall be self-executing and will not require any enabling legislation; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article IX, Section VII, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"GRIFFIN DEVELOPMENT AUTHORITY.
1. Ratification and Restatement. The act of the General Assembly approved by the Governor April 11, 1979 (1979 Ga. Laws p. 4532), as amended, creating the Griffin Development Authority, hereinafter (as amended) referred to as the `1979 Act', is hereby ratified and approved in all respects. The 1979 Act is hereby amended by restating it in its entirety and superseding it with this amendment. From and after the effective date of this amendment, the Griffin Development Authority shall exist under and by virtue of this amendment, this amendment shall govern and control its rights, powers, duties and liabilities, and the 1979 Act shall have no further force or effect. The Griffin Development Authority created by the 1979 Act, as restated and superseded by this amendment, is not intended to be the same as any Development Authority of the City of Griffin (by whatever name it may be known) now or hereafter created or activated pursuant to the Development Authorities Law (1969 Ga. Laws p. 137), as now or hereafter amended.
2. Creation. There is hereby created in and for the City of Griffin a public body corporate and politic to be known as the Griffin Development Authority.
3. Purpose. The development and promotion of civic, cultural and historical growth, public welfare, tourism, education, amusement, recreation, trade, commerce, industry and employment opportunities in, and the revitalization of, the Development District of the City of Griffin (hereinafter defined) are hereby declared to be public purposes and essential governmental functions. The Authority is created to further such public purposes and to serve such governmental functions.
4. Membership, (a) The Authority shall consist of ten members.

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(b) Initially the members of the Authority shall be the individual who on the date this amendment becomes effective is the Chairman of City Commissioners of the City of Griffin, the individual who on the date this amendment becomes effective is the Chairman of the Board of Commissioners of Spalding County, and the following individuals:
Otis Blake, Jr.
Tilman T. Blakely, Jr.
Jon Crouch
Eldred Hill
Cooper N. Mills
Robert P. Shapard III
Sam Stacy
Andrew J. Whalen III
The initial members of the Authority shall serve for a term of one year from the date this amendment becomes effective.
(c) All subsequent members of the Authority shall be elected and appointed as hereinafter provided. One member of the Authority shall be the Chairman of City Commissioners of the City of Griffin. One member shall be the Chairman of the Board of Commissioners of Spalding County. Four members shall represent and be elected by the owners of fee simple title to real property located in the Development District, which owners shall collectively be known as the Real Property Owner Group. The remaining four members shall represent and be elected by the owners of businesses located in the Development District, which owners shall collectively be known as the Business Owner Group. No individual shall hold more than one membership on the Authority.
(d) All members of the Authority representing the Real Property Owner Group or the Business Owner Group shall be

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elected in a caucus of such Owner Group. Such caucuses shall be held in the City of Griffin at such time and place as the Chairman of City Commissioners of the City of Griffin shall designate. A person who owns fee simple title to real property located in the Development District and owns a business located in the Development District shall be entitled to vote for the representatives of the Real Property Owner Group and the Business Owner Group. The caucuses of the two Owner Groups shall not be held at the same time because of the possibility that one or more persons will be entitled to vote in both caucuses. Two members representing each Owner Group shall be elected for terms of one year and the remaining two members representing each Owner Group shall be elected for terms of two years. Thereafter, all terms of office of members of the Authority shall be for two years, except that the term of the Chairman of City Commissioners of the City of Griffin shall coincide with his or her term as Chairman of the City Commissioners and the term of the Chairman of the Board of Commissioners of Spalding County shall coincide with his or her term as Chairman of the Board of Commissioners.
(e) Vacancies in the membership of the Authority shall be filled as follows: (i) In the case of a vacancy occurring during the unexpired term of an initial member appointed pursuant to paragraph (a) above, the Chairman of City Commissioners of the City of Griffin shall appoint a successor to serve the remaining unexpired term, (ii) In the case of any vacancy occurring thereafter among representatives of either Owner Group, the Chairman of City Commissioners of the City of Griffin shall call a special meeting of the Owner Group represented by the former member for the purpose of electing a successor to serve out the unexpired term of office of the former member, (iii) Any vacancy created because there is at any time no Chairman of City Commissioners of the City of Griffin or no Chairman of the Board of Commissioners of Spalding County may be filled, until the election and qualification for office of such a Chairman, in accordance with any by-laws which the Authority may adopt.
(f) If a majority of the total number of the members of either Owner Group shall petition the Authority to recall any member named to the Authority by that Owner Group, the Authority shall call a caucus of such Owner Group for that pur-

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pose. If a majority of those persons present and voting at such a caucus shall vote to recall any such member of the Authority, those persons present at such caucus shall elect a successor to such recalled member to serve out the unexpired term of office of the recalled member. No petition for the recall of any single member of the Authority shall be filed within a twelve-month period after the filing of any previous petition for the recall of such member.
(g) Six members of the Authority shall constitute a quorum for purposes of taking any action. All action may be taken upon approval by a majority of the members present and voting, except that a majority of the members of the Authority must authorize the issuance of revenue bonds of the Authority.
(h) Notice of any Owner Group caucus shall be deemed to be sufficiently given to all members of such Owner Group if published once a week for two weeks in a newspaper in which sheriff's advertisements for Spalding County are published.
5. Development District. There is hereby created within the City of Griffin the Development District, which shall be composed of all that territory embraced within the following description:
All that lot, tract or parcel of land lying and being in the City of Griffin, Spalding County, Georgia, more particularly described as follows:
BEGINNING at the intersection of the north margin of West Poplar Street and the east margin of South Eleventh Street; thence from said point of beginning in a northerly direction along the east margin of South Eleventh Street to its intersection with the north margin of West Solomon Street; thence in an easterly direction along the north margin of West Solomon Street to its intersection with the east margin of North Tenth Street; thence in a northerly direction along the east margin of North Tenth Street to its intersection with the south margin of West Broad Street; thence in an easterly direction along the south margin of West Broad Street to its intersection with the west margin of North Ninth Street; thence in a northwesterly direction to the intersection of the north margin of West Broad Street and the east margin of the `North Ninth Street railroad crossing';

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thence in a northerly direction along the east margin of the `North Ninth Street railroad crossing' to its intersection with the south margin of West Broadway Street; thence in a northerly direction to the intersection of the north margin of West Broadway Street and the east margin of North Ninth Street; thence in a northerly direction along the east margin of North Ninth Street to its intersection with the south margin of West Chappell Street; thence in an easterly direction along the south margin of West Chappell Street to its intersection with the west margin of North Hill Street; thence in an easterly direction to the intersection of the south margin of East Chappell Street and the east margin of North Hill Street; thence in an easterly direction along the south margin of East Chappell Street to its intersection with the west margin of North Fifth Street; thence in a southerly direction along the west margin of North Fifth Street to its intersection with the south margin of East Broadway Street; thence in an easterly direction along the south margin of East Broadway Street to its intersection with the west margin of North Third Street; thence in a southerly direction along the west margin of Third Street to its intersection with the south margin of East Poplar Street; thence in an easterly direction along the south margin of East Poplar Street to its intersection with the east margin of South Fifth Street; thence in a southerly direction along the east margin of South Fifth Street to its intersection with the south margin of East College Street; thence in a westerly direction along the south margin of East College Street to its intersection with the west margin of South Hill Street; thence in a westerly direction along the south margin of West College Street to its intersection with the east margin of South Ninth Street; thence in a northerly direction along the east margin of South Ninth Street to its intersection with the north margin of West Poplar Street; thence in a westerly direction along the north margin of West Poplar Street to its intersection with the east margin of South Eleventh Street, being the point of beginning.
The General Assembly may expand or contract the Development District, but in no event shall the Development District be expanded to include any territory or area outside of the corporate limits of the City of Griffin, as they exist at the time of any such expansion. The Authority shall operate only within the Development District, as it may be expanded or contracted.

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6. Definitions. As used herein the following words and terms shall have the meanings specified:
(a) The word `amendment' shall mean this amendment to the Constitution of the State of Georgia.
(b) The word `Authority' shall mean the Griffin Development Authority, originally created by the 1979 Act and existing under and by virtue of this amendment.
(c) The terms `cost of the project' or `cost of any project' shall be deemed to mean and shall include: All costs of acquisition (by purchase or otherwise), construction, assembly, installation, modification, renovation or rehabilitation incurred in connection with any project or any part of any project; all costs of real property, fixtures or personal property used in or in connection with or necessary for any project or for any facilities related thereto, including but not limited to the cost of all land, estates for years, easements, rights, improvements, water rights, connections for utility services, fees, franchises, permits, approvals, licenses and certificates, the cost of securing any such franchises, permits, approvals, licenses or certificates and the cost of preparation of any application therefor and the cost of all fixtures, machinery, equipment, furniture and other property used in or in connection with or necessary for any project; all financing charges and loan fees and all interest on revenue bonds, notes or other obligations of the Authority which accrues or is paid prior to and during the period of construction of a project and for one year after the completion of construction thereof; all costs of engineering, architectural and legal services and all expenses incurred by engineers, architects and attorneys in connection with any project; all expenses of inspection of a project; all fees of fiscal agents, paying agents, trustees for bondholders under any trust agreement, indenture of trust or similar instrument or agreement, all expenses incurred by any such fiscal agents, paying agents and trustees and all other costs and expenses incurred relative to the issuance of any revenue bonds, notes or other obligations for any project; all fees of any type charged by the Authority in connection with any project; all expenses incident to determining the feasibility or practicability of any project; all costs of plans and specifications for any project; all costs of title insurance and examinations of title with respect to

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GENERAL ACTS AND RESOLUTIONS, VOL. I

any project; repayment of any loans made for the advance payment of any part of any of the foregoing costs, including interest thereon and other expenses of such loans; administrative expenses of the Authority and such other expenses as may be necessary or incident to any project or the financing thereof or the placing of any project in operation; and a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, or such other funds or reserves as the Authority may approve with respect to the financing and operation of any project and as may be authorized by any bond resolution or by any trust agreement, indenture of trust or other instrument or agreement pursuant to the provisions of which the issuance of any revenue bonds, notes or other obligations of the Authority may be authorized. Any cost, obligation or expense incurred for any of the foregoing purposes shall be a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds, notes or other obligations issued by the Authority.
(d) The term `Development District' shall mean that area within the City of Griffin designated as such herein, as it may be expanded pursuant to this amendment.
(e) The word `project' shall be deemed to mean and shall include the acquisition, construction, assembly, installation, modification, renovation or rehabilitation of buildings, structures, facilities and other improvements located or to be located within the Development District, and the acquisition, construction, assembly, installation, modification, renovation, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture and other property of any nature whatsoever used in or in connection with any such building, structure, facility or other improvement, all in furtherance of one or more of the public purposes for which the Authority is created. A project may be for any industrial, commercial, business, office, public or other use, or for any combination of such uses, provided that the Authority has determined, by a resolution duly adopted, that the project and such use thereof would further one or more of the public purposes for which the Authority is created.
(f) The terms `revenue bonds' and `bonds' shall mean any bonds of the Authority which are authorized to be issued hereunder.

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7. No Taxation or Condemnation. The Authority shall not have the power to levy taxes and shall not have the power of eminent domain.
8. Powers. The Authority shall have the powers:
(a) To sue and to be sued;
(b) To adopt and amend a corporate seal;
(c) To make and execute contracts, agreements and other instruments necessary or convenient to exercise the powers of the Authority or to further any of the public purposes for which the Authority is created, including but not limited to contracts for construction of projects, leases or projects, contracts for sale of projects, agreements for loans to finance projects, and contracts with respect to the use of projects;
(d) To acquire by purchase* lease or otherwise and to hold, lease and dispose of real and personal property of every kind and character, or any interest therein, in furtherance of any of its public purposes;
(e) To finance (by loan, grant, lease or otherwise), construct, erect, assemble, purchase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend, improve, install, sell, equip, expand, add to, operate or manage projects and to pay the cost of any project from the proceeds of revenue bonds, notes or other obligations of the Authority or any other funds of the Authority, or from any contribution or loans by persons, corporations, partnerships (limited or general) or other entities, all of which the Authority is hereby authorized to receive and accept and use;
(f) To borrow money to further or carry out any of its public purposes and to execute revenue bonds, notes, other obligations, leases, trust indentures, trust agreements, agreements for the sale of its revenue bonds, notes or other obligations, loan agreements, mortgages, deeds to secure debt, trust deeds, security agreements, assignments and such other agreements or instruments as may be necessary or desirable, in the judgment of the Authority, to evidence and to provide security for such borrowing;

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(g) To issue revenue bonds, notes or other obligations of the Authority and use the proceeds thereof for the purpose of paying, or loaning the proceeds thereof to pay, all or any part of the cost of any project and otherwise to further or carry out any of the public purposes of the Authority and to pay all costs of the Authority incident to, or necessary and appropriate to, furthering or carrying out any such purpose;
(h) To make application directly or indirectly to any federal, state, county or municipal government or agency or to any other source, public or private, for loans, grants, guarantees or other financial assistance in furtherance of any of the Authority's public purposes and to accept and use same upon such terms and conditions as are prescribed by the federal, state, county or municipal government or agency or other source;
(i) To enter into agreements with the federal government or any agency thereof to use the facilities or the services of the federal government or any agency thereof in order to further or carry out any of the public purposes of the Authority;
(j) To contract for any period not exceeding fifty (50) years with the State of Georgia, State institutions or any city, town, municipality or county of the State for the use by the Authority of any facilities or services of the State or any such State institution, city, town, municipality or county, or for the use by any State institution or any city, town, municipality or county of any facilities or services of the Authority, provided such contracts shall deal with such activities and transactions as the Authority and any such subdivision with which the Authority contracts are by law authorized to undertake;
(k) To extend credit or make loans to any person, corporation, partnership (limited or general) or other entity for the costs of any project or any part of the costs of any project, which credit or loans may be evidenced or secured by loan agreements, notes, mortgages, deeds to secure debt, trust deeds, security agreements, assignments and such other instruments, or by rentals, revenues, fees or charges, upon such terms and conditions as the Authority shall determine to be reasonable in connection with such extension of credit or loans, including provision for the establishment and maintenance of reserves and insurance

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funds, and, in the exercise of powers granted hereby in connection with any project, the Authority shall have the right and power to require the inclusion in any such loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment or other instrument of such provisions or requirements for guaranty of any obligations, insurance, construction, use, operation, maintenance and financing of a project, and such other terms and conditions, as the Authority may deem necessary or desirable;
(l) As security for repayment of any revenue bonds, notes or other obligations of the Authority, to pledge, mortgage, convey, assign, hypothecate or otherwise encumber any property of the Authority (including but not limited to real property, fixtures, personal property and revenues or other funds) and to execute any lease, trust indenture, trust agreement, agreement for the sale of the Authority's revenue bonds, notes or other obligations, loan agreement, mortgage, deed to secure debt, trust deed, security agreement, assignment or other instrument as may be necessary or desirable, in the judgment of the Authority, to secure any such revenue bonds, notes or other obligations, which instrument may provide for foreclosure or forced sale of any property of the Authority upon default in any obligation of the Authority, either in payment of principal or interest or in the performance of any term or condition contained in any such instrument, and any such instrument encumbering such property may be foreclosed in accordance with law and the terms thereof;
(m) To appoint, select and employ engineers, architects, urban or city planners, fiscal agents, attorneys and others, and to fix their compensation and pay their expenses, provided that members of the Authority shall receive no compensation for their services as such but shall be reimbursed for all reasonable and necessary expenses incurred in carrying out their duties;
(n) To encourage and promote the improvement and revitalization of the Development District and to make, contract for or otherwise cause to be made long-range plans or proposals for the Development District in cooperation with the City of Griffin and Spalding County;

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GENERAL ACTS AND RESOLUTIONS, VOL.

(o) To adopt by-laws governing the conduct of business by the Authority, the election and duties of officers of the Authority and other matters which the Authority determines to deal with in its by-laws;
(p) To exercise any power granted by the laws of the State of Georgia to public or private corporations which is not in conflict with the public purposes of the Authority; and
(q) To do all things necessary or convenient to carry out the powers conferred by this amendment.
The powers enumerated in each paragraph above are cumulative with and in addition to those enumerated in the other paragraphs above, and no such power limits or restricts any other power of the Authority.
9. Revenue Bonds. The Authority is hereby authorized to issue revenue bonds, notes or other obligations from time to time to further or carry out any of its public purposes. Revenue bonds, notes or other obligations so issued shall be paid solely from the property (including but not limited to real estate, fixtures, personal property, revenue or other funds) pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered to secure or to pay such bonds. All revenue bonds, notes and other obligations shall be authorized by resolution of the Authority, adopted by a majority vote of the members of the Authority at a regular or special meeting. Such revenue bonds, notes or other obligations shall bear such date or dates, shall mature at such time or times not more than forty (40) years from their respective dates, shall bear interest at such rates or rates, shall be subject to redemption on such terms, and shall contain such other terms, provisions, covenants, assignments and conditions as the resolution authorizing the issuance of such bonds, notes or other obligations may permit or provide. The terms, provisions, covenants, assignments and conditions contained in any resolution authorizing the issuance of such revenue bonds, notes or other obligations shall bind the members of the Authority then in office and their successors. The Authority shall have power from time to time and whenever it deems refunding expedient to refund any bonds by the issuance of new bonds, whether the bonds to be refunded have or have not matured, and may issue bonds partly to refund bonds then outstanding and partly for any other purpose

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permitted hereunder. The refunding bonds may be exchanged for the bonds to be refunded, with such cash adjustments as may be agreed upon, or may be sold and the proceeds applied to the purchase or redemption of the bonds to be refunded. Revenue bonds, notes or other obligations and the interest thereon are hereby declared to be tax exempt for any and all purposes. There shall be no limitation upon the amount of revenue bonds, notes or other obligations which the Authority may issue. The interest rate or rates on or to be borne by any revenue bonds, notes or other obligations issued by the Authority shall be determined by resolution of the Authority authorizing such bonds, notes or other obligations, and any limitations with respect to interest rates or any maximum interest rate or rates found in the Constitution of the State of Georgia, the Revenue Bond Law (1937 Ga. Laws p. 761), as now or hereafter amended, the usury laws of the State of Georgia or any other laws of the State of Georgia shall not apply to revenue bonds, notes or other obligations of the Authority.
10. Trust Indenture. In the discretion of the Authority, any issue of bonds pursuant hereto may be secured by a trust indenture or trust agreement by and between the Authority and a trustee, which may be any trust company, any bank having the powers of a trust company within or outside the State, or any national banking association organized under the laws of the United States. Such trust indenture or trust agreement may pledge, mortgage, convey, assign, hypothecate or otherwise encumber rentals, revenues, fees charges or other funds to be received by the Authority of other property of the Authority. The resolution providing for the issuance of such bonds or the trust indenture or trust agreement may set forth the rights and remedies of the bondholders and of the trustee (if any) and may prescribe the procedure by which bondholders may enforce their rights. Such resolution, trust indenture or trust agreement also may provide that any project shall be constructed and paid for under the supervision and approval of engineers or architects satisfactory to the trustee or to the bondholders, may require that the security given by any contractors and by any depository of the proceeds of the bonds or of any revenues or other moneys be satisfactory to such trustee or bondholders, and may contain provisions concerning the terms and conditions (if any) upon which additional revenue bonds may be issued pari pasu with the revenue bonds initially issued pursuant to such resolution, trust indenture or trust agreement. It shall be lawful for any bank or trust company

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GENERAL ACTS AND RESOLUTIONS, VOL. I

incorporated under the laws of this State or any national banking association organized under the laws of this State or any national banking association organized under the laws of the United States to act as such depository and to furnish such security as may be required by the Authority. This section is illustrative and does not limit the types of instruments or agreements which may secure or provide for any issue of bonds or the terms and provisions which any resolution adopted by the Authority or any instrument or agreement executed by the Authority may contain. Any resolution adopted by the Authority or any indenture of trust, trust agreement, or other instrument or agreement executed by the Authority may contain such terms and provisions as the Authority shall approve. Such approval of the Authority shall be conclusively established by the execution of any such resolution, indenture of trust, trust agreement or other instrument or agreement by an authorized officer of the Authority. Nothing herein shall be construed to require, for any issue of revenue bonds, a trustee or a trust indenture, trust agreement or similar instrument or agreement.
11. Investments and Deposits. Any revenue bonds issued by the Authority under the provisions of this amendment 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 whomsoever 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 revenue bonds of the Authority 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.
12. Tax Exempt Property. All property of the Authority held pursuant to the terms of this amendment, and any income or revenue therefrom, is held for an essential public purpose and governmental function. All such property shall be deemed to be public

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property and exempt from any and all taxes, except that property of the Authority used primarily by private enterprise or business shall be taxable as if it were not owned by the Authority, and the private enterprises or businesses using such property shall pay the taxes thereon. The determination of whether a particular item or parcel of the Authority's property is used primarily by private enterprise or business shall be made by the Tax Commissioner of Spalding County, whose decision shall be conclusive and binding. The exemption of the Authority's property from taxes does not apply to interests of others (such as, for example, an estate for years) in property of the Authority.
13. Form, Denomination, Registration and Place of Payment of Bonds. 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 the principal thereof, the premium, if any, and the interest thereon. The bonds may be issued in coupon or registered forms, or both, as the Authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest. The bonds may carry such provisions for registration as the Authority may determine.
14. Signature and Seal on Bonds. All revenue bonds shall be signed by a duly authorized officer of the Authority and the official seal of the Authority shall be affixed thereto and attested by the secretary or any assistant secretary of the Authority, and any coupons attached thereto may bear the facsimile signatures of a duly authorized officer of the Authority and the secretary or any assistant secretary of the Authority. Any bond may be signed, sealed and attested on behalf of the Authority by such persons, and any coupon may bear the facsimile signatures of such persons, as at the actual time of the execution of such bonds or coupons shall be duly authorized, although at the date of such bonds or coupons such persons may not have been so authorized or may not have held such office. In case any officer whose signature shall appear on any revenue bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds or coupons, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery.

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15. Negotiability of Bonds. Regardless of whether any revenue bonds would otherwise be negotiable instruments under the Uniform Commercial Code, as now or hereafter in effect in Georgia, all revenue bonds shall be and are hereby made negotiable instruments within the meaning of and for all the purposes of the Uniform Commercial Code, as now or hereafter in effect in Georgia.
16. Sale of Bonds. The revenue bonds, notes and other obligations of the Authority may be sold in such manner, at public or private sale, and at such prices as the Authority may determine.
17. Interim Receipts and Certificates or Temporary Bonds. Prior to the preparation of definitive bonds, the Authority may issue interim receipts, interim certificates or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter.
18. Replacement of Mutilated, Lost or Destroyed Bonds. The Authority may provide for the replacement of any bonds or coupons which shall become mutilated or be destroyed or lost.
19. Conditions Precedent to Issuance. All revenue bonds, notes and other obligations of the Authority may be issued without any proceedings, without the happening of any conditions or things and without the satisfaction of any requirements other than those proceedings, conditions, things and requirements specified by this amendment. Any resolution providing for the issuance of revenue bonds, notes or other obligations of the Authority under the provisions hereof shall become effective immediately upon its passage and need not be advertised, published or posted.
20. Credit not Pledged and Debt not Created. Revenue bonds, notes and other obligations issued by the Authority hereunder shall not be deemed to constitute a debt of, or the incurring of any debt by, the City of Griffin or any county, municipality or political subdivision of the State of Georgia within the meaning of Article IX, Section VII, Paragraph I of the Constitution of the State of Georgia of 1976. No contracts entered into by the Authority with the City of Griffin or any such county, municipality, or political subdivision of the State shall constitute or create a debt of the City of Griffin or of any county, municipality or political subdivision of the State within the meaning of Article IX, Section VII, Paragraph I of the

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Constitution of the State of Georgia of 1976, and any such county, municipality or political subdivision of the State may obligate itself to make the payments required under such contracts from moneys received from taxes or from any other source without creating a debt within the meaning of Article IX, Section VII, Paragraph I of the Constitution of the State of Georgia of 1976.
21. Remedies of Bondholders. The rights and remedies of the holders of any revenue bonds of the Authority or any coupons appertaining thereto, and the rights and remedies of any trustee under a trust indenture or trust agreement, may be prescribed by resolution of the Authority adopted prior to issuance of the revenue bonds or by the terms of the trust indenture or trust agreement. Except as any such rights or remedies may be so prescribed, any holder of revenue bonds of the Authority and any coupons appertaining thereto, and any trustee under a trust indenture or trust agreement with respect to any such bonds, may protect and enforce any and all rights and remedies available under this amendment or the laws of the State of Georgia by proceeding, either at law or in equity, by suit, action, mandamus or other proceedings.
22. Validation. Revenue bonds of the Authority shall be validated in accordance with the procedure set forth in the Revenue Bond Law (1937 Ga. Laws p. 761), as now or hereafter amended and in effect at the time of such validation. The petition of validation shall make a party defendant to such action (in addition to the Authority and any other defendant required in accordance with the Revenue Bond Law, as now or hereafter amended and in effect at the time of such validation) any county, municipality or political subdivision of the State of Georgia which has contracted with the Authority with respect to the services and facilities of the project for which bonds are to be issued and sought to be validated, and any such county, municipality or political subdivision shall be required to show cause at such time and place and either in term or chambers within twenty (20) days from the filing of the petition, as the judge may direct, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the contract or contracts confirmed and validated as a part of the security for the payment of any such bonds of the Authority. The judgment of validation shall be final and conclusive with respect to the validity of such bonds and the security for the payment thereof against the Authority and all other defendants in the validation pro-

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GENERAL ACTS AND RESOLUTIONS, VOL. I

ceedings, including but not limited to any county, municipality or political subdivision contracting with the Authority and made a party defendant. Notes of the Authority and obligations of the Authority other than revenue bonds may be, but are not required to be, validated in the same manner and in accordance with the same procedure as revenue bonds. Validation proceedings shall be filed in and heard and adjudicated by the Superior Court of Spalding County, which shall have exclusive and original jurisdiction of all validation proceedings brought pursuant to this amendment.
23. Construction. This amendment, all provisions hereof and all right, power and authority granted hereunder shall be effective notwithstanding any other provision of the Constitution to the contrary, and this amendment and any law enacted with respect to the Authority shall be liberally construed for the accomplishment of the purposes of the Authority.
24. Effective Date. This amendment shall be effective immediately upon proclamation of its ratification by the Governor.
25. Self-Executing Amendment. This amendment is self-executing and does not require any enabling legislation for it to become effective. The General Assembly may, however, by local act further define and prescribe the powers and duties of the Authority and the exercise thereof, may enlarge and restrict such powers and duties and may further regulate the management and conduct of the Authority in a manner which does not conflict with the provisions of this amendment."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of the State of Georgia of 1976.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to ratify the Griffin Development Authority
[ ] NO created for the purpose of encouraging and

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promoting the economic improvement, development, and rehabilitation of the City of Griffin's central business area pursuant to Act of the General Assembly approved April 11, 1979, as amended and to amend such Act by restating it in its entirety and superseding it and, in so doing, to authorize the Authority to issue its revenue bonds, notes and other obligations and to provide for the method and manner of such issuance and for the validation thereof, to authorize the Authority to contract with the City of Griffin and with counties,
mumicipalities and other political subdivisions of the State, and to provide other terms and conditions upon which the Authority shall operate within a Development District in the City of Griffin?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

BUTTS COUNTY *f- HOMESTEAD EXEMPTIONS.
Proposed Amendment to the Constitution.
No. 264 (House Resolution No. 827-1887). A RESOLUTION
Proposing an amendment to the Constitution so as to redefine that homestead property in Butts County which is exempt from ad

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GENERAL ACTS AND RESOLUTIONS, VOL. I

valorem taxes levied for school purposes because owned by an individual 62 years of age or older whose income is within certain limits to include not more than $12,000.00 of the assessed value thereof; to provide for submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA;
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by striking the following paragraph which was added by an amendment appearing at Ga. Laws 1978, p. 2401:
"Any other provisions of this Constitution to the contrary notwithstanding, each resident of Butts County who is 62 years of age or over is hereby granted an exemption from all Butts County school ad valorem taxes on the full value of the homestead owned and occupied by him as a residence if his adjusted gross income (as defined in the Internal Revenue Code of 1954, as now or hereafter amended), together with the adjusted gross income of his spouse who also occupies and resides at such homestead, does not exceed $8,000.00 for the immediately preceding taxable year. Such adjusted gross income, as used herein, shall include income from whatever source derived other than any federal old-age survivors or disability insurance benefits or benefits received from any retirement or pension fund when such benefits are based on contributions made thereto by such resident or his spouse. The exemption contained herein does apply to bonded indebtedness. 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 of Butts County, 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 to make a determination as to whether such owner is entitled to such exemption. The Tax Commissioner shall provide affidavit forms for this purpose. Such applica-

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tions shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto. Provided, that after any such owner has filed the proper affidavit, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he make application and file the said affidavit and certificate thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any such owner, however, to notify the Tax Commissioner in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The General Assembly may provide by law for the proper administration of this exemption, including penalties necessary therefor. The increased exemption provided for herein shall apply to all taxable years beginning after December 31,1978.",
and inserting in its place a new paragraph to read as follows:
"Any other provisions of this Constitution to the contrary notwithstanding, each resident of Butts County who is 62 years of age or over is hereby granted an exemption from all Butts County school ad valorem taxes in the amount of $12,000.00 on the assessed value of a homestead owned and occupied by him as a residence if his adjusted gross income (as defined in the Internal Revenue Code of 1954, as now or hereafter amended), together with the adjusted gross income of his spouse who also occupies and resides at such homestead, does not exceed $8,000.00 for the immediately preceding taxable year. Such adjusted gross income, as used herein, shall include income from whatever source derived other than any federal old-age survivors or disability insurance benefits or benefits received from any retirement or pension fund when such benefits are based on contributions made thereto by such resident or his spouse. The exemption contained herein does apply to bonded indebtedness. 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 of Butts County, 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 to make a determination as to whether such owner is entitled to such

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exemption. The Tax Commissioner shall provide affidavit forms for this purpose. Such applications shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto. Provided, that after any such owner has filed the proper affidavit, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he make application and file the said affidavit and certificate thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any such owner, however, to notify the Tax Commissioner in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The General Assembly may provide by law for the proper administration of this exemption, including penalties necessary therefor. The exemption provided for herein shall be in addition to and not in lieu of any other exemption from taxation. The exemption provided for herein shall apply to all taxable yea rs beginning after December 31, 1980."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to redefine that homestead property which is
[ ] NO exempt from Butts County school taxes because owned by an individual 62 years of age or older whose income is within certain limits to include not more than $12,000.00 of the assessed value thereof?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

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CENTRAL ALBANY DEVELOPMENT AUTHORITY ABOLISHED.
Proposed Amendment to the Constitution.
No. 265 (House Resolution No. 828-1891).
A RESOLUTION
To repeal that certain amendment to Article VII, Section VII, Paragraph V of the Constitution of 1945 creating the Central Albany Development Authority, ratified November 2, 1976, and published at Ga. Laws 1976, p. 1854, carried over in the Constitution of 1976 pursuant to Article XIII, Section I, Paragraph II of said Constitution; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That certain amendment to Article VII, Section VII, Paragraph V of the Constitution of 1945 creating the Central Albany Development Authority, ratified November 2, 1976, and published at Ga. Laws 1976, p. 1854, carried over in the Constitution of 1976 pursuant to Article XIII, Section I, Paragraph II of said Constitution, is hereby repealed.
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the Constitution be amended so as to abolish the Central Albany Development
[ ] NO Authority?"

74

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All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

MARION COUNTY ,-4 HOMESTEAD EXEMPTIONS.
Proposed Amendment to the Constitution.
No. 266 (House Resolution No. 864-1901).
A RESOLUTION
Proposing an amendment to the Constitution so as to change the income limits for homestead exemptions of persons sixty-two years of age or over from ad valorem taxes levied for school purposes in the Marion County School District; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following paragraph:
"The homestead of each resident of the Marion County School District who is sixty-two years of age or over and who does not have a gross income from all sources, including the gross income of all members of the family residing within said homestead, exceeding $10,000.00 per annum, is hereby exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system, including taxes to retire school bond indebtedness, which exemption shall be in the same amount as may now or hereafter be

GEORGIA LAWS 1980 SESSION

2339

exempted by general law enacted pursuant to the provisions of this Paragraph IV of Section I of Article VII of the Constitution relating to the homestead of county school district residents who are sixtytwo years of age or older with income below certain limits. The exemption granted by this Paragraph shall be in the same amount as the exemption granted by said general law and shall be in lieu of, and not in addition to, said exemption granted by general law. The value of the homestead in excess of the above exempted amount shall remain subject to taxation. No such exemption shall be granted unless an affidavit of the owner of the homestead is filed with the Tax Commissioner of Marion County giving his age, the amount of gross income which he received for the immediately preceding calendar year, the gross income which the members of his family residing within the homestead received for such period, and such other additional information relative to receiving the benefits of the exemption granted by this Paragraph as will enable the tax commissioner to make a determination as to whether such owner is entitled to said exemption. The tax commissioner shall provide affidavit forms for this purpose. The exemption granted to the homestead within this Paragraph shall extend to and shall apply to those properties, the legal title to which is vested in one or more titleholders, if actually occupied by one or more such owners as a residence, and one or more such titleholders possesses the qualifications provided for in this Paragraph. In such instances, such exemptions shall be granted to such properties, if claimed in the manner herein provided by one or more of the owners actually residing on such property. Such exemptions shall also extend to those homesteads, the title to which is vested in an administrator, executor, or trustee, if one or more of the heirs or cestui que uses residing on such property shall possess the qualifications provided for herein and shall claim the exemptions granted by this Paragraph in the manner herein provided. The exemption provided for herein shall apply to all taxable years beginning after December 31, 1980. The General Assembly may provide by law for the proper administration of this exemption including penalties necessary therefor."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

2340

GENERAL ACTS AND RESOLUTIONS, VOL. I

"[ ] YES Shall the Constitution be amended so as to change the income limits for homestead
[ gf NO exemptions of persons sixty-two years of age or. over from ad valorem taxes levied for school purposes in the Marion County School District?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

2341
OFFICE OF THE GOVERNOR Atlanta, Georgia 30334 April 14, 1980
George Busbee Governor
Honorable Thomas B. Murphy Speaker, House of Representatives State Capitol Atlanta, Georgia 30334
Dear Speaker Murphy:
I have vetoed House Bills 206, 463, 895, 1099, 1121, 1153, 1210, 1301,1500 and 1578 which were passed by the General Assembly of Georgia at the 1980 Regular Session.
Article V, Section II, Paragraph VI of the Constitution requires that I transmit such bills to you, together with a list of reasons for such vetoes. The bills and corresponding reasons for their veto are enclosed.
Sincerely, /s/ George Busbee
George Busbee
GB:ctl Enclosures cc: Honorable Zell Miller, Lieutenant Governor of Georgia
Honorable Glenn W. Ellard, Clerk, House of Representatives
Honorable Hamilton McWhorter, Jr., Secretary of Senate
Honorable Frank H. Edwards, Legislative Counsel Honorable Arthur K. Bolton, Attorney General Honorable David B. Poythress, Secretary of State
Veto No. 12--H. B. 206 by Representative Pinkston of the 100th
House Bill 206 changes the venue for suits brought against corporations. During the legislative process an amendment inadvertently has permitted the possibility of a corporation being sued in contract in any county in which the corporation has an office even though that county has

2342
not the slightest nexus with the contract. This is an unwise circumstance; therefore, I have vetoed House Bill 206.
Veto No. 13--H. B. 463 by Representatives Johnson of the 74th, Buck of the 95th, Wilson of the 19th and others
House Bill 463 amends the Act which provides for a health insurance program for public school employees to add to those eligible to participate in the program classroom aides, paraprofessionals and non-certified administrative and clerical personnel of all public school systems. Senate Bill 145 is an identical version of House Bill 463. Senate Bill 145 has been approved by me. Therefore, I have vetoed House Bill 463 to avoid an unnecessary duplication.
Veto No. 14--H. B. 895 by Representatives Harris of the 8th, Battle of the 124th and Logan of the 62nd
House Bill 895 is designed to more clearly establish a public policy statement concerning the authority and responsibility of the State Board of Education to develop standards for programs in teacher certification. The original thrust of the bill espoused an acceptable philosophical approach to the solution of the problem presently being experienced and evoked by a proposed course of action by the State Board of Education in this regard. However, as the bill was subsequently amended and passed, it is my belief that more confusion concerning the issue would result if the bill were allowed to become law. Additionally, school systems would not be permitted to employ as teachers graduates of out-of-state colleges or universities unless such institutions are accredited by the National Council for Accreditation of Teacher Education. Georgia presently recruits many talented teachers from out-of-state institutions who are not so accredited. The problems which subsequently arose by the rewriting of the original version of House Bill 895 were unintended. Prior to taking this veto action, I have counseled with those most closely affected and responsible for the programs and the consequences connected with the proposed solution embraced within House Bill 895 as introduced. I am persuaded that the difficulties which provoked the introduction of this bill are capable of resolve without the necessity of legislative intervention. If not, I will look with favor upon a proposal which does not contain the problems present in this bill.

2343
Veto No. 15--H. B. 1099 by Representatives Cason of the 96th, Buck of the 95th, Thompson of the 93rd and others
House Bill 1099 would establish criteria for programs of evaluation prior to implementation of certain projects to be undertaken by the Deparment of Medical Assistance which govern the reimbursement of licensed hospitals for the cost of providing medical assistance. This bill would severely impair the effectiveness of the State to design, develop and implement cost containment programs which are intended to help bring under control the costs of health services. The concerns of the hospital industry which provoked the introduction and passage of this legislation have been recognized and appropriate administrative actions have been implemented which will afford to the industry adequate opportunity to become informed of any proposed new policy or program, to submit their reaction and to adequately evaluate the impact upon the hospital's fiscal policy. With these safeguards, the constraints which would otherwise be' imposed upon effective cost containment projects should not be permitted, and I have accordingly vetoed House Bill 1099.
Veto No. 16--H. B. 1121 by Representatives Snow of the 1st, Murphy of the 18th and Thompson of the 93rd
House Bill 1121 was one of a package of bills sponsored by the Code Revision Commission preparatory to the adoption in 1981 of a new Code. Through inadvertence a perfecting amendment to the bill was omitted. Therefore, the author of House Bill 1121 has requested that I veto the bill because of technical problems which would have otherwise resulted if the measure were allowed to become law. I have acceded to the author's request.
Veto No. 17--H. B. 1153 by Representatives Lambert of the 112th, Hatcher of the 131st, Nichols of the 27th and others
As a result of other legislative measures which have been adopted and approved at the 1980 session of the General Assembly, the responsibility for training fire fighting personnel previously exercised by the Georgia Fire Academy will be transferred to the Board of Public Safety. Eventually when constructed and completed, fire fighting personnel will receive their training at the proposed comprehensive public safety training facility to be located in Monroe County. House Bill 1153 was an administration bill to add as an additional member of the Board of Public Safety a

2344
fire fighter. The addition of a fire fighter to the Board would more than adequately have provided the necessary input of fire fighters' interests into the Board's responsibility concerning their training. Despite repeated agreements by these interests with me that one additional member was sufficient, House Bill 1153 was amended and passed to add two members to the Board of Public Safety to come from the membership of the Georgia State Firemen's Association. For the foregoing reasons, there will be no member of the Firemen's Association on the Board of Public Safety.
Veto No. 18--H. B. 1210 by Representatives Buck of the 95th, Harris of the 8th and Daugherty of the 33rd
House Bill 1210 provides an increase of 15.5 percent in retirement benefits available to members of the Superior Court Clerks' Retirement Fund. No corresponding increase in member contributions to the retirement fund or other appropriate increase in measures which fund the payment of retirement benefits were accomplished. The maximum required employee contribution to the fund of $18.00 has not been changed in 17 years. Previously, I have given my approval to House Bill 104 which enhances the jointsurvivorship benefits to recipients of benefits of the fund. Based upon sound actuarial projections, I am advised that if House Bill 1210 were also approved, the situation could arise that within one year the retirement fund could be experiencing unfunded liabilities. For these reasons I have not permitted House Bill 1210 to become law. I am informed that at the next session of the General Assembly, an actuarially sound program to increase retirement benefits for members of the Superior Court Clerks' Retirement Fund will be introduced.
Veto No. 19--H. B. 1301 by Representatives Burruss of the 21st, Carrell of the 75th and Marcus of the 26th
House Bill 1301 is a comprehensive bill intended to provide through expanded training and new procedures an improved property tax administration. Many of the features of the bill are laudable and should result in better property tax administration; others, however, have the potential to be counterproductive to good tax administration and merit more intense scrutiny and evaluation before being allowed to become law. The more troublesome and disturbing features of the bill relate to a fundamental change and departure in the methods for the evaluation of public utility property. Presently the value of public utility property is

2345
determined by the State Revenue Commissioner and the State Board of Equalization, if the taxpayer is dissatisfied. House Bill 1301 allows for the first time local boards of tax assessors a voice in determining the value of the utility's property. This concept in and of itself is not the problem, but rather the manner in which local boards are given this authority and the implications which necessarily flow from the course embarked upon by the bill. Many questions are raised by the various provisions of the bill for which no answers are provided. Particularly troublesome is the unresolved question of what would be the proper venue for an appeal of the decision of the Board of Equalization if a local board of tax assessors has appealed the Revenue Commissioner's determination. The preoccupation which the potential for the large number of appeals which are made possible by this fundamental change in utility taxation could inhibit and indeed paralyze the Revenue Department's ability to administer the complex annual evaluation and assessment of public utility property in future years. If this were to occur, chaos and disaster could surface in many counties and municipalities if these local governments should be denied in a timely manner the vital and essential source of revenue which enables these units of governments to provide basic and essential governmental services. Before a change in direction of the magnitude contemplated within this legislation is embarked upon, the full impact and all possible implications should be thoroughly analyzed and evaluated and answers found for the questions raised for which there are presently no answers. Because the changes wrought by the bill insofar as public utility taxation are concerned would not become effective until the next calendar tax year, I deem it to be the more prudent and responsible position to afford to the Tax Reform Commission the time to reassess all of the implications in its recommended course of action contained within House Bill 1301 rather than dealing with potential problems as they might arise in the future and perhaps suffering the consequences which might be devastating. Accordingly, I have reluctantly vetoed House Bill 1301.
Veto No. 6--H. B. 1500 by Representatives Childs of the 51st, Collins of the 144th and Williamson of the 45th
House Bill 1500 would require that a tax at the rate of one percent of the gross direct premiums received from life insurance policies written on persons who reside in the unincorporated areas of this State be levied and collected by each county governing authority. Each life insurance company would have been permitted to deduct from its obligation to pay a state premium tax a figure corresponding

2346
the tax directed to be levied by this bill. The State treasury would thus lose an estimated 10 million dollars annually. The granting of a tax authority to counties at the expense of State revenues at this critical economic juncture is not prudent and is unwise, and I have therefore vetoed House Bill 1500.
Veto No. 20--H. B. 1578 by Representatives Marcus of the 26th, Collins of the 144th and Harris of the 8th
House Bill 1578 requires that the Department of Medical Assistance formulate a plan which will allow Georgia residents who are 65 years or older regardless of their financial status to purchase prescription drugs for their use from pharmacists without paying the applicable State and local sales and use tax imposed upon the transaction. After properly maintaining the necessary tax records and accomplishing the requisite accounting procedures, the pharmacist may deduct from his State sales tax liability a figure which corresponds to the tax not paid on the purchase. The overall objective sought to be accomplished by the bill is to relieve the elderly of the burden, if any, of the sales and use tax which is otherwise applicable. Whether it can be argued successfully that the payment of a sales tax on prescription drugs is a burden to the well-to-do or extremely wealthy elderly resident is doubtful. Unquestionably, the measure would provide some relief to low income elderly residents who are required to expend an inordinate amount of their disposable income on medicine. I am in complete sympathy with the desire to relieve this class of citizens of some of their tax burdens. I have previously approved of legislation which will allow those who qualify to defer a portion of their ad valorem property tax payments. Unfortunately, our Constitution prohibits the enactment of a scheme ' contemplated by House Bill 1578. Even though this measure, because of its unconstitutionality cannot be brought to fruition, the very same relief from any burden imposed upon the elderly by the sales tax on prescriptions can be afforded very simply and effectively without the necessity of imposing upon the pharmacist additional record-keeping and accounting burdens by simply exempting such transactions from the sales and use tax.

COUNTIES AND SUPERIOR COURT CIRCUITS

2347

2348

APPELLATE COURTS

SUPREME COURT OF GEORGIA As of May 1, 1980

H. E. NICHOLS HIRAM K. UNDERCOFLER ROBERT H. JORDAN t HAROLD G. CLARKE .... HAROLD N. HILL, JR. .... JESSE G. BOWLES ... THOMAS 0. MARSHALL ...
ROBERT J. AUGUSTINE .... ANSLEY B. BARTON JANE BARWICK ... EDWARD G. CUNNINGHAM ANNE S. EMANUEL ... CAROLYN C. HALL .... ELEANOR D. HENDERSON ... CHARLES N. HOOPER ... CLARENCE LORENTZSON ... LEE PERRY ...
CAROLYN J. TATUM ... VELMA C. TILLEY .... WARREN A. WEBB ... SIMON J. WEINSTEIN ... JONATHAN WEINTRAUB ... MRS. SHERIE WELCH ... MRS. JOLINE BATEMAN WILLIAMS MRS. HAZEL E. HALLFORD GUY M. MASSEY

Associate Justice Associate Justice Associate Justice .... Associate Justice ..... Associate Justice Associate Justice
Associate Justice Law Assistant ..Law Assistant Law Assistant Law Assistant
..Law Assistant ..Law Assistant
. Law Assistant. ..Law Assistant . Law Assistant Law Assistant Law Assistant Law Assistant ..Law Assistant . Law Assistant . Law Assistant ..Law Assistant
.....Clerk ... Deputy Clerk
..Reporter

COURT OF APPEALS OF GEORGIA As of May 1, 1980

BRASWELL D. DEEN, JR. J. KELLEY QUILLIAN .. WILLIAM LEROY McMURRAY, JR. GEORGE T. SMITH ...... ARNOLD SHULMAN HAROLD R. BANKE ..... A. W. BIRDSONG, JR JOHN W. SOGNIER GEORGE H. CARLEY
STEPHEN H. BLOCK ROBERT H. BRINSON, JR. LARRY H. CHESIN T. MIL CLYBURN MARGARET W. DEIMLING KENNETH A. HOWARD IKL

..Chief Judge Presiding Judge Presiding Judge
Judge Judge Judge Judge Judge Judge
Law Assistant Law Assistant Law Assistant Law Assistant Law Assistant Law Assistant

APPELLATE COURTS [

2349

JAMES MORAWETZ ALFREDDA SCOBEY RICHARD W. SNYDER MORGAN THOMAS EDNA E. BENNETT GUY M. MASSEY

Law Assistant Law Assistant Law Assistant
- Clerk Deputy Clerk
Reporter

2350 SUPERIOR COURT CALENDAR FOR 1980 JUDGES, DISTRICT ATTORNEYS, AND CALENDAR July 1, 1980
ALAPAHA CIRCUIT. HONS. H. W. LOTT, Chief Judge, Lenox, Ga.; W. D. "Jack" Knight,
Judge, Nashville. VICKERS NEUGENT, D.A., Austin St., Pearson. Atkinson--Third Monday in January & October. Berrien--Third Monday in February & November. Clinch--First Monday in March & November. Cook--First Monday in February & October. Lanier--Second Monday in January & September.
ALCOVY CIRCUIT. HONS. THOMAS W. RIDGWAY, Judge, P.O. Box 805, Monroe;
GREELEY ELLIS, Judge, Covington. J. W. (JIM) MORGAN, D.A., Covington. Newton--Second & third Mondays in January, April, July &
October. Walton--First and second Mondays in February, May, August &
November.
ATLANTA CIRCUIT. HONS. LUTHER ALVERSON, Chief Judge; SAM P. McKENZIE,
CHARLES A. WOFFORD, OSGOOD 0. WILLIAMS, JOHN S. LANGFORD, JOEL J. FRYER, CHARLES L. WELTNER, RALPH H. HICKS, FRANK M. ELDRIDGE, WILLIAM W. DANIEL, ISAAC JENRETTE, Judges, Atlanta. LEWIS R. SLATON, D.A., Courthouse, Atlanta. Fulton--First Monday in January, March, May, July, September
& November.
ATLANTIC CIRCUIT. HONS. JAMES R. HARVEY, Chief Judge, Pembroke.
JAMES E. FINDLEY, Judge, Reidsville. DUPONT K. CHENEY, D.A., Hinesville. Bryan--Third Monday in March; first Monday in November. Evans--First Monday in February & August. Liberty--Third Monday in February & September. Long--First Monday in March; third Monday in August. McIntosh--Fourth Monday in February & May; second Monday
in September; first Monday in December. Tattnall--Third Monday in April & October.

SUPERIOR COURT CALENDAR FOR 1980 2351
AUGUSTA CIRCUIT. HONS. WILLIAM M. FLEMING, JR., Presiding Judge, Augusta;
FRANKLIN H. PIERCE, EUGENE M. KERR, ALBERT McELVEEN PICKETT, BERNARD J. MULHERIN, SR., Judges, Augusta. RICHARD E. ALLEN, D.A., Augusta. Burke--Second Monday in May & November. Columbia--Fourth Monday in March & September. Richmond--Third Monday in January, March, May, July, Sep-
tember & November.
BLUE RIDGE CIRCUIT. HONS. MARION T. POPE, JR., Chief Judge, P.O. Box 589, Canton;
RICHARD B. NEVILLE, JR., Judge, Cumming. FRANK C. MILLS, III, D.A., Canton. Cherokee--Third Monday in January; first Monday in May;
second Monday in September. Fannin--Third Monday in April; fourth Monday in August; first
Monday in December. Forsyth--Fourth Monday in March & July; second Monday in
November. Gilmer--Third Monday in May; fourth Monday in October. Pickens--Second Monday in March; fourth Monday in September.
BRUNSWICK CIRCUIT. HONS. GORDON KNOX, JR., Chief Judge, Hazlehurst; WILLIAM
R. KILLIAN, A. BLENN TAYLOR, JR., Judges, Brunswick. GLENN THOMAS, JR., D.A., P.O. Box 416, Jesup. Appling--Second & third Mondays in February; third & fourth
Mondays in October. Camden--First Monday in April & November. Glynn--Second Monday in January, May & September. Jeff Davis--First & second Mondays in March; fourth Monday
in September; first Monday in October. Wayne--Third & fourth Mondays in April & November; fourth
Monday in January & June. CHATTAHOOCHEE CIRCUIT.
HONS. JOHN H. LAND, Presiding Judge, R.F.D., Whitesville Rd., Columbus; OSCAR D. SMITH, JR., Judge, Columbus. E. MULLINS WHISNANT, Judge, Columbus. KENNETH BEMIS FOLLOWILL, Judge, Columbus. WILLIAM J. SMITH, D.A., Columbus Chattahoochee--Fourth Monday in March & September. Harris--Second Monday in January, May & September. Marion--Fourth Monday in April & October. Muscogee--First Monday in February, April, June, August, October & December. Talbot--Second Monday in March & November; third Monday in August. Taylor--First & second Mondays in January & July.

2352 SUPERIOR COURT CALENDAR FOR 1980
CHEROKEE CIRCUIT. HONS. JERE F. WHITE, Chief Judge, Cartersville,
ROBERT THOMAS POPE, Judge, Calhoun. CHARLES CRAWFORD, D.A., Cartersville. Bartow--First Monday in February & August; fourth Monday in
April & October. Gordon--First Monday in March & December ; second Monday in
September; fourth Monday in May.
CLAYTON CIRCUIT. HONS. MARVIN A. MILLER, Chief Judge, JOE C. CRUMBLEY,
Judge, Jonesboro; WILLIAM H. (BILL) ISON, Judge, Jonesboro. ROBERT E. KELLER, D. A., Jonesboro. Clayton--First Monday in February, May, August & November.
COBB CIRCUIT. HONS. HOWELL COBB RAVAN, Chief Judge, LUTHER C.
HAMES, JR., JAMES L. BULLARD, WATSON WHITE, Judges, Marietta. TOM CHARRON, D.A., Marietta. Cobb--Second Monday in January, March, May, July, September
& November.
CONASAUGA CIRCUIT. HONS. COY H. TEMPLES, Chief Judge, Dalton, CHARLES A.
PANNELL, JR., Judge, Chatsworth. STEPHEN A. WILLIAMS, D.A., Dalton. Murray--Second Monday in February & August. Whitfield--Second Monday in January & July.
CORDELE CIRCUIT. HONS. HARDY GREGORY, JR., Presiding Judge, Courthouse, Cor-
dele, WHITFIELD R. FORRESTER, Judge, Cordele. GARY C. CHRISTY, D.A., Abbeville. Ben Hill--Second and third Mondays in January; first and second
Mondays in April; third and fourth Mondays in June; third and fourth Mondays in September and Monday following. Dooly--Fourth Monday in January and Monday following; third and fourth Mondays in April; third and fourth Mondays in July; third and fourth Mondays in October. Crisp--Third and fourth Mondays in February and Monday following; second, third and fourth Mondays in May; second and third Mondays in August; second, third and fourth Mondays in November. Wilcox--Second and third Mondays in March; fourth Monday in August and Monday following; first and second Mondays in December,

SUPERIOR COURT CALENDAR FOR 1980 2353
COWETA CIRCUIT. HONS. LAMAR KNIGHT, Chief Judge, P.O. Box 315, Carrollton;
JOSEPH C. JACKSON, Judge, LaGrange, DEWEY SMITH, Judge, Carrollton. WILLIAM F. LEE, JR., D.A., Newnan. Carroll--First Monday in April & October. Coweta--First Monday in March; first Tuesday in September. Heard--Third Monday in March & September. Meriwether--Third Monday in February, May, August & No-
vember. Troup--First Monday in February, May, August & November.
DOUGHERTY CIRCUIT. HONS. ASA D. KELLEY, JR., Chief Judge, Courthouse, Albany.
LEONARD FARKAS, Judge, Albany. WILLIAM S. (BILLY) LEE, D.A., Albany. Dougherty--Second Monday in January, March May, July, Sep-
tember & November.
DUBLIN CIRCUIT. HON. WILLIAM MALCOLM TOWSON, Judge, Dublin.
BEVERLY B. HAYES, JR., D.A., Dublin. Johnson--Third Monday in March, June, September & December. Laurens--Fourth Monday in January, April, July & October. Treutlen--Third Monday in February & August. Twiggs--Second Monday in January, April, July & October.
EASTERN CIRCUIT. HONS. GEORGE E. OLIVER, Chief Judge; FRANK S. CHEATHAM,
JR., EUGENE H. GADSDEN, PERRY BRANNEN, JR., Judges, Savannah. ANDREW JOE RYAN, III D.A., Savannah Chatham--First Monday in March, June, September & December.
FLINT CIRCUIT. HONS. SAM L. WHITMIRE, Chief Judge, Barnesville,
R. ALEX CRUMBLEY, Judge, P.O. Box 775, McDonough. E. BYRON SMITH, D.A., Barnesville. Butts--First & second Mondays in February & November; first
Monday in May; third & fourth Mondays in August. Henry--Second, third & fourth Mondays in January, April, July
& October. Lamar--First & second Mondays in March, June & December;
second & third Mondays in September. Monroe--Third & fourth Mondays in February, May & November;
first & second Mondays in August.

2354 SUPERIOR COURT CALENDAR FOR 1980 GRIFFIN CIRCUIT.
HONS. ANDREW J. WHALEN, JR., Chief Judge, Griffin; BEN J. MILLER, Judge, Thomaston. JOHNNIE L. CALDWELL, JR., D.A., Thomaston. Fayette--First Monday in March; second Monday in September. Pike--Third Mondays in April & November. Spalding--First Mondays in February, June & October. Upson--Third Mondays in March & August; first Monday in November.
GWINNETT CIRCUIT.
HONS. CHAS. C. PITTARD, Chief Judge, Duluth; REID MERRITT, HOMER M. STARK, Judges, Lawrenceville. WILLIAM BRYANT HUFF, D.A., 256 Crogan St., Lawrenceville. Gwinnett--First Monday in January, March, May, July & November; second Monday in September.
HOUSTON CIRCUIT.
HON. WILLIS B. HUNT, JR., Judge, Perry. STEPHEN PACE, JR., D.A., Perry Houston--First Monday in January, March, May, July, September & November.
LOOKOUT MOUNTAIN CIRCUIT.
HONS. ROBERT E. (BOB) COKER, Chief Judge, LaFayette; PAUL W. (JOHNNY) PAINTER, Judge, Rossville, JOSEPH E. LOGGINS, Judge, Summerville. WILLIAM M. (BILL) CAMPBELL, D.A., LaFayette. Catoosa--First Monday in March; second Monday in September. Chattooga--First Monday in February & August. Dade--First Monday in April; second Monday in October. Walker--First Monday in May & November.
MACON CIRCUIT.
HONS. C. CLOUD MORGAN, Chief Judge, Macon; GEORGE B. CULPEPPER, III, Judge, Fort Valley; WALKER P. JOHNSON, JR., Judge, Macon. WILLARD DONALD THOMPSON, D.A., Macon. Bibb--First Monday in February, April, June, August, October & December. Crawford--Third & fourth Mondays in March & October. Peach--First & second Mondays in March & August ;-''thi rd & fourth Mondays in November,

SUPERIOR COURT CALENDAR FOR 1980 2355 MIDDLE CIRCUIT.
HONS. WALTER C. McMILLAN, JR., Chief Judge, P.O. Box 701, Sandersville; MARVIN B. HARTLEY, JR., Judge, Lyons. H. REGINALD THOMPSON, D.A., P.O. Box 286, Swainsboro. Candler--First and second Mondays in February and August. Emanuel--Second Monday in January, April, July and October. Jefferson--Second Monday in May and November. Toombs--Fourth Monday in February, May, August, and November. Washington--First Monday in March, June, September, and December.
MOUNTAIN CIRCUIT. HON. JACK N. GUNTER, Judge, P.O. Box 485, Clarkesville.
V. D. STOCKTON, D.A., Clayton. Habersham--First Monday in January; fourth Monday in April;
first Monday in August. Rabun--Third Monday in February; fourth Monday in May;
fourth Monday in October. Stephens--Second Monday in January; third Monday in May;
first Monday in September. Towns--First Monday in April and November. Union--Fourth Monday in February; second Monday in Sep-
tember. NORTHEASTERN CIRCUIT.
HONS. A. R. KENYON, Chief Judge, JAMES E. PALMOUR, III, Judge, Gainesville. JEFF WAYNE, D.A., P. 0. Box 430, Gainesville. Dawson--First Monday in February and August. Hall--First Monday in May and November; second Monday in January, March, July and September. Lumpkin--Fourth Monday in February and August. White--First Monday in April and October. NORTHERN CIRCUIT.
HONS. RAY B. BURRUSS, JR., Chief Judge, P.O. Box 950, Hartwell; WILLIAM F. GRANT, Judge, Elberton. CLEVE MILLER, D.A., P.O. Box 247, Elberton. Elbert--Third Monday in January; fourth Monday in July. Franklin--Third Monday in March; first Monday in August; third Monday in October. Hart--Third Monday in February and October; fourth Monday in May. Madison--Third Monday in April and October. Oglethorpe--Third Monday in May and November.

2356 SUPERIOR COURT CALENDAR FOR 1980 OCMULGEE CIRCUIT.
HONS. GEORGE L. JACKSON, Chief Judge, Gray; JOSEPH B. DUKE, HUGH P. THOMPSON, Judges, Milledgeville. JOSEPH H. BRILEY, D.A., Gray. Baldwin--Second Monday in January, April, July, and October. Greene--Fourth Monday in January, April, July, and October. Hancock|--Fourth Monday in March and September; second Monday in June and December. Jasper--Second Monday in February, May, August, and November. Jones--First Monday in February and August; third Monday in April and October. Morgan--First Monday in March, June, September, and December. Putnam--Third Monday in March, June, September, and December. Wilkinson--First Monday in January, April, July and October.
OCONEE CIRCUIT.
HONS. JAMES B. O'CONNOR, Chief Judge, P.O. Box 865, Eastman, ROGER HUGH LAWSON, JR., Judge, Hawkinsville. PHILLIP R. WEST, D.A., P. O. Box 571, Eastman. Bleckley--First Monday in March; second Monday in July and November. Dodge--Third Monday in February, May, August and November. Montgomery--First Monday in February, May, August and November. Pulaski--Second and third Mondays in March and September; second Monday in June and December. Telfair--Fourth Monday in February and June; third and fourth Mondays in October. Wheeler--Second Monday in February and October; third Monday in June.
OGEECHEE CIRCUIT.
HONS. WILLIAM COLBERT HAWKINS, Chief Judge, Box 439, Sylvania; FAYE SANDERS MARTIN, Judge, Statesboro. J. LANE JOHNSTON, D.A., Statesboro. Bulloch--First Monday in February, May, August, and November. Effingham--First Monday in June and December. Jenkins--First Monday in March and September. Screven--Second Monday in January; first Monday in April, July and October.

SUPERIOR COURT CALENDAR FOR 1980 2357
PATAULA CIRCUIT. HON. A'DELBERT BOWEN, Judge, Cuthbert.
CHARLES M. FERGUSON, D.A., Cuthbert. Clay--Third Monday in March and November. Early--Third Monday in January and July. Miller--Fourth Monday in February and October. Quitman--Fourth Monday in March and September. Randolph--First Monday in May and November. Seminole--Second Monday in April and October. Terrell--First Monday in June and December.
PIEDMONT CIRCUIT. HON. JAMES L. "JIM" BROOKS, Judge, Jefferson.
NAT HANCOCK, D. A., Jefferson. Banks--First and second Mondays in April and October. Barrow--First and second Mondays in February and August;
first Monday in May and November. Jackson--First and second Mondays in March; second and third
Mondays in September.
ROME CIRCUIT. HONS. ROBERT L. ROYAL, Chief Judge, JOHN A. FRAZIER, JR.,
ROBERT G. WALTHER, Judges, Rome. LARRY SALMON, D. A., Rome. Floyd--Second Monday in January, March, July and September;
first Monday in May and November.
SOUTH GEORGIA CIRCUIT. HONS. ROBERT E. L. CULPEPPER, JR., Chief Judge, Camilla,
ANTHONY WALLACE CATO, Judge, Bainbridge. BEN L. BATEMAN, D.A., Box 304, Camilla. Baker--Third Monday in January and July. Calhoun--Last Monday in May and November. Decatur--First Monday in February, May, August and November. Grady--Third Monday in March and September. Mitchell--Second Monday in January and July; third Monday in
April and October.
SOUTHERN CIRCUIT. HONS. GEORGE A. HORKAN, JR., Chief Judge, Moultrie; W. G.
"GUS" ELLIOTT, Judge, Valdosta, ROY M. LILLY, Judge, Thomasville. H. LAMAR COLE, D. A., Valdosta. Brooks--First Monday in April and November. Colquitt--First Monday in February and August. Echols--First Monday in February and August.

2358

SUPERIOR COURT CALENDAR FOR 1980

Lowndes--First Monday in March, and the Tuesday immediately following the first Monday in September.
Thomas--First Monday in April and October.

SOUTHWESTERN CIRCUIT.
HON. WILLIAM F. BLANKS, Judge, Circuit Office, P.O. Box 784, Americus. CLAUDE N. MORRIS, D. A., Americus. Lee--Fourth Monday in April and October. Macon--Second Monday in May and November. Schley--Second Monday in February and August. Stewart--Second Monday in January and July. Sumter--Fourth Monday in February, May and August; first Monday in December. Webster--Fourth Monday in January and July.

STONE MOUNTAIN CIRCUIT.
HONS. WILLIAM T. DEAN, Chief Judge, Conyers; CLARENCE L. PEELER, JR.; CURTIS V. TILLMAN; CLYDE HENLEY; EWELL T. HENDON, JR.; ROBERT K. BROOME; KEEGAN FEDERAL, Judges, Decatur. RANDALL PEEK, D.A., Conyers. DeKalb--First Monday in January, March, May, July, September, and November. Rockdale-2-First Monday in February, May, August and November.

TALLAPOOSA CIRCUIT.
HONS. DAN WINN, Chief Judge, Cedartown. ARTHUR W. FUDGER, Judge, Dallas, ROBERT J. NOLAND, Judge, Douglasville. W. A. (BILL) FOSTER, D.A., Dallas. Douglas--Second Monday in February and December; third Monday in May and September. Haralson--Second Monday in April; fourth Monday in August and November. Paulding--Second Monday in June and October. Polk--Fourth Monday in January; first Monday in May and November.
TIFTON CIRCUIT.
HONS. W. J. FOREHAND, Chief Judge, P.O. Box 253, Tifton, JOHN R. ROGERS, Judge Ashburn. THOMAS H. PITTMAN, D.A., Tifton. Irwin--Third and fourth Mondays in February; second and third Mondays in May and November.

SUPERIOR COURT CALENDAR FOR 1980 2359
Tift--First Monday in March and September; first and second Mondays in June and December.
Turner--Second and third Mondays in January and July; second Monday in April and October.
Worth--Fourth Monday in January, April, July, and October.
TOOMBS CIRCUIT. HON. ROBERT L. STEVENS, Judge, P. 0. Box 27, Thomson.
KENNETH E. GOOLSBY, D.A., P. 0. Box 405, Thomson. Glascock--Third Monday in February, May, August and No-
vember. Lincoln--Fourth Monday in January, April, July and October. McDuffie--Second Monday in March, June, September and De-
cember. Taliaferro--Fourth Monday in February, May, August, and
November. Warren--Third Monday in January; first Monday in April, July
and October. Wilkes--First Monday in February, May, August, and Novem-
ber.
WAYCROSS CIRCUIT. HONS. BEN A. HODGES, Chief Judge, P.O. Box 894, Waycross;
ELIE L. HOLTON, Judge, P.O. Box 604, Douglas. DEWEY HAYES, D. A., Douglas. Bacon--Fourth Monday in May and November. Brantley--First Monday in February; first Tuesday in Septem-
ber. Charlton--Fourth Monday in February and September. Coffee--Third Monday in March and October. Pierce--First Monday in May; second Monday in December. Ware--Second Monday in April and November.
WESTERN CIRCUIT. HONS. JAMES BARROW, Chief Judge, P.O. Box 167, Athens;
JOSEPH J. GAINES, Judge, Athens. HARRY N. GORDON, D.A., 193 Hancock Ave., Athens. Clarke--Second Monday in January, April, July and October. Oconee--Second Monday in March and September.

2360

INDEX

TABULAR INDEX

PROPOSED AMENDMENTS TO THE CONSTITUTION

Acworth Downtown Development Authority

Ad valorem taxation exemptions in certain counties

(600,000 or more)

Albany, Central, Development Authority; abolished

Appling County; board of commissioners

Appling County; homestead exemptions

Ashburn, City of; homestead exemptions

Atkinson County; homestead exemptions

Atlanta, City of; off street parking

Augusta, City of; homestead exemptions

Austell, City of; homestead exemptions

Banks County; jurisdiction of justices of the peace

Bartow County; homestead exemptions

Bartow County; jurisdiction of justices of the peace

Bartow County School District; homestead exemptions

Ben Hill County; homestead exemptions .

Bibb County; ad valorem taxation

Bibb County; homestead exemptions

Brantley County; jurisdiction of justices of the peace

Butts County; homestead exemptions

Catoosa County; board of tax administrators

Certified teachers

Charlton County; homestead exemptions

Chatham County--City of Savannah; consolidation votes

Chatham County; recorder's court

Civil procedure; judgments without jury verdicts

Clarke County; merit system of employment

Classes of tangible property

Clayton County Business and Industrial Authority; authorized

Clayton County; homestead exemptions

.

Clinch County; homestead exemptions

Cobb County; homestead exemptions

College Park Business and Industrial Development Authority

Colquitt County; taxation for education

Columbus, City of; charter review commissions

Dalton, City of; homestead exemptions

Danville, City of; homestead exemptions

Decatur, City of; ad valorem taxation

DeKalb County; medical examiner

DeKalb County; recorder's court jurisdiction

Doraville, City of; homestead exemptions

Douglas County; ad valorem taxation

Douglas County; ordinances, etc

Education; uniforms used by public schools

Fayette County; funds to promote county

Floyd County; jurisdiction of justices of the peace

Floyd County; juvenile court judge

Floyd County; staggered terms of commissioners.

Fulton County; public safety service districts

2134
2094 2337 2118 2111 2266 2292 2112 2211 2121 2159 2288 2184 2185 2219 2096 2133 2261 2333 2154 2033 2297 2158 2209 2103 2305 .. . 2027 2290 2310 2295 2098 2071 2127 2045 2223 2169 2196 . 2106 2125 2102 2148 2146 2108 2225 2176 2200 2202 2048

INDEX

2361

Fulton County; retirement of certain former employees

2053

Gainesville Development Authority

2024

General obligation debt for education facilities

2032

Georgia Firemen's Pension Fund

2087

Gordon County; homestead exemptions

2247

Griffin Development Authority; created, etc

2315

Gwinnett Judicial Building Authority

2010

Habersham County; homestead exemptions

2283

Habersham County; taxes for educational purposes

2280

Hall County; board of elections

2227

Hapeville Development Authority

2055

Henry County; homestead exemptions

2255, 2257

Henry County; ordinances, etc

2303

Homestead exemptions for elderly residents

2114

Houston County; homestead exemptions

2163

Indemnification to certain law enforcement officers, etc

2166

Jackson County; board of education

2276

Juvenile Courts; venue.

2174

Liberty County Industrial Authority; amended

2221

Life insurance companies, taxation

2203

Lowndes County; homestead exemptions

2207

Lowndes County; jurisdiction of justices of the peace

2160

Macon-Bibb County Urban Development Authority; bonds

2128

Macon, City of; ad valorem taxation

2092

Marietta, City of; homestead exemptions

2123

Marion County; homestead exemptions

2338

Meritorious service, etc. awards by counties and municipalities 2105

Monroe County; homestead exemptions

2216

Municipal Courts; jurisdiction

2026

Murray County; homestead exemptions

2050

Murray County; jurisdiction of justices of the peace

2173

Muscogee County; homestead exemptions

2009

Newton County; homestead exemptions

2171,2187

Paulding County; homestead exemptions

2312

Perry, City of; homestead exemptions

2151

Powder Springs Downtown Development Authority

2035

Redevelopment powers to counties and municipalities

2089

Richmond County; ad valorem taxation

2162, 2177

Richmond County; homestead exemptions

2190

Rockdale County Public Facilities Authority; created

2232

St. Marys, City of; homestead exemptions

2260

St. Marys, City of; hospital authority members

2150

Savannah, City of--Chatham County; consolidation votes

2158

Sylvester, City of; homestead exemptions

2268

Taylor County; homestead exemptions

2205

Thomas County; 1979 proposed amendment repealed

2052

Thomaston, City of; business development authority

2286

Towns County; taxes for education

2029

Towns County; use of funds by board of education

2168

Trion, town of; homestead exemptions

2198

Turner County; homestead exemptions

2307

2362

INDEX

Twiggs County; homestead exemptions Union City, City of; homestead exemptions . Valdosta, City of; homestead exemptions Ware County; homestead exemptions Waycross, City of; homestead exemptions Wayne County; homestead exemptions White County; homestead exemptions Worth County; homestead exemptions

2180 2271 2273 2299 2301 2109 2252 2263

CODE SECTIONS

Chapter 3-10 amended

1173

5-908, amended

713

Title 5A, created

1573

Title 8, amended

1065

13-203.1, amended

1082

13-207.1, amended

542

13-207.3, amended

1081

Chapter 21-1, amended

543

21-105, amended

1185

Title 22, amended

603,623,715

Chapter 22-13, amended

1188

23-406, amended. .

..... .... v . 1178

23-407, amended

. .1280

23-1704, amended

534

Chapter 23-22, repealed

451

23-

2304, amended

24-

601, amended

24-1716, amended

1661

24-1801, amended

365

24-2606.3, amended

596

24-2703a, amended

755

24-2727, amended

1045

24-2805, amended

495

24-2812, amended

493

Chapter 24-29, amended

830

Title 24A, amended

416, 1013

Title 26, amended

405

26-1601, amended

770

Chapter 26-17, amended

. . .

1083

26-1704, amended

1034, 1147

26-2306, amended

, . . .

733

Chapter 26-25, amended .

387

Chapter 26-26, amended . . .

388

Chapter 26-28,amended

. . 1062

Chapter 26-29, amended

1509

26-

3004, amended

27-

407, amended

Chapter 27-7, amended

452

27-901, amended

1359

Chapter 27-13, amended

1388

INDEX

2363

Chapter 27-25, amended.

390

Chapter 27-30, enacted . .

1382

Title 32, amended

835

32-910, amended

1508

Title 34, amended

312, 1256

34-1003A, amended

5

34-1208, amended

437

34-1514, amended

685

Title 34A, amended

1005

Chapter 34A-3, amended.

314

34A-1409, amended ....

684

Title 35, amended

335

Chapter 35-7, repealed . .

645

Title 38, amended

426

40-604.1, enacted

644

40-802, amended

485

Title 41 A, amended

972, 1076

41A-207, amended

919

Chapter 42-3B, enacted. .

1767

Title 45, amended

. 323,2004

45-114, amended

95

45-513, amended

95

Title 46, amended

1769

Title 49, amended

1661

Title 51, amended

952

Chapter 53-2, amended . .

438

Title 56, amended

516, 1108, 1163, 1393

56-222.1, amended

1063

56-405, amended

760

56-407A, amended

1428

56-712, amended

1011

56-1709, amended

68

Chapter 56-24, amended.

1249

56-2446, enacted

1418

56-3016, amended

1251

56-

3019, enacted

1266

Title 57, amended

511,514

57-

108, amended

1118

Chapter 58-6, amended . .

1206

58-

806.1, enacted

1561

58-828, amended

501

Chapter 65-2, amended . .

635,924

67-1305.1, amended

976

67-

2003, amended

831

Chapter 67-24. amended.

822

68-

260; amended

357

Chapter 68-5, amended . .

479, 616

68-510, amended

1119

Chapter 68-6, amended . .

475,618

68-9901, amended

746

Chapter 68A-10, amended

1334

2364

INDEX

Title 68B, amended

. . . . . . : . i lf;l691

68B-215, amended ...

:...) .917

Chapter 72-2, amended. . . 74-108, amended

',620 1154

74-111, amended

-. . . . 9211

Chapter 74-3, enacted . ...

. ..:

1374

79-209, repealed Title 79A, amended.

. . '7.

1661 1746

Chapter 79A-8, amended. .

, 1288

7C9hAa-p8t1er1,79amA-e1n2d,eedna.c.t.e.d....

. 432 1761

Title 84, amended . . . .

. 82

84-203, amended Chapter 84-3A, amended. .

I-.,-i .I..ci,.i..k7;r65 v . , .>. f. 4.357

Chapter 84-5; amended

. . .

i . . 6:7

Chapter 84-9, amended . . ,

3,321

Chapter 84-9A, enacted... . Chapter 84-11, amended . .

, 4:7

. ,82

Chapter 84-14, amended . .

,SJ ,,1;398

Chapter 84-15, amended":,.

. 64

Chapter 84-21, amended....

968

Chapter 84-21 A, amended.

-50

84-4005, amended

!... 591

Chapter 84-76, enacted . ...

... ... . .!, 1.28.2

Chapter 85-10, amended . .

7513

Title 88, amended ......

678, 1040, 1245, 1451

Chapter 88-18, amended . ,

1140

Chapter 88-19c, enacted . .

1261

Chapter 88-20, amended . . Chapter. 88-22, repealed . .

.

.

.

..,.<

.-.a;:...

1328 rJ.i-784

Chapter- 88-25, amended . .

1160

Chapter 88-27, amended.

1434

Chapter 88-31, amended .

.

1170

88-

3112.13, enacted

1758

89-

308, amended. . ...

527

Chapter! 89-8, amended:. .

. . . 969

#Eitle 90, amended

51,9

91-112a.l, amended

... 5,87

Title 91 A, amended .....

. . 10, 4.9lj, 1390,1759

91A-236, amended 91A-1002, amended . ... .

. ...-....: ,.i.i..50.815'741.17420

91 A-13, amended

, . . . .v.s9 35)3,, 547

91A-1439, amended ....

. . 77':1

91 A-1449, amended ....

...

........ . 1722

91 A-1601, amended ....

463

Chapter 91 A-17;:amended

.

, 367

Chapter 91A-22, amended

.1736

91A-2209, amended

1735

INDEX

2365

Chapter 91A-24, enacted

1707

Chapter 91A-31, amended

332

91A-3915, amended

459

Chapter 91A-41, enacted

1555

91A-4503, amended

586, 805, 1188

Chapter 91A-60, amended

1175, 1298

Chapter 91A-99, amended

436, 834

92-3905A, amended

463

Title 95A, amended

576, 773, 775, 1017

100-101, amended

763

Chapter 105-11, amended

69

Chapter 105-13, amended

1154

108-610, amended

472

Title 109A, amended

443

109A-9, amended

1134

110-

401, amended

Chapter 111-1, repealed

639

111-

9901, repealed

Chapter 113-9, amended

1432

Chapter 114-1, amended

1145

Chapter 114-6a, enacted

1686

SUPERIOR COURTS

See also General Index under name of county.

Alcovy Circuit; judges'compensation

498

Alcovy Circuit; terms in Walton County

362

Atlantic Circuit; supplements forjudges and district attorney 1222

Brunswick Circuit; additional judge

959

Clarke County; terms

355

Clayton Circuit; compensation of district attorney

378

Clayton Circuit; compensation of judges

375

Clayton Circuit; compensation of official court reporters

383

Clerks fees for attendance

1045

Clerks' Retirement System Act amended

1547

Clerks' salaries

553

Cobb Circuit; compensation of full time court reporters

1456

Compensation of secretaries of district attorneys in certain circuits

(103,000-135,000) .V

1157

Cordele Circuit; additional judge

1212

Cordele Circuit; terms

687

Coweta Circuit; additional judge

1447

District attorneys, emeritus office

939

District attorneys; retirement svstem amended

925

District attorneys, salary supplements

830

Douglas Circuit; created

563

Dublin Circuit; additional judge

316

Evans County; terms

4000

Expenses of judges attending educational programs

596

Judges' law clerks

455

Lookout Mountain Circuit; district attorney's clerical assistance.... 1179

Northeastern Circuit; salaries of official court reporters

369

2366

INDEX

Northern Circuit; salary, etc. of additional judge Northern Circuit; terms Ogeechee Circuit; terms Retirement system, amended Rome Circuit; additional judge Salaries of judges and district attorneys in certain counties
(145,000-163,000) Service by senior judges while non-residents Tifton Circuit; additional judge Western Circuit; terms
CIVIL COURTS
See also General Index under name of county. Judges' salaries in certain counties (145,000-165,000) Richmond County; costs, sales, etc

1232 364 374 925 782 3723 458 680 355
3723 3533

JUVENILE COURTS
See also General Index under name of county. Cobb County; judges'compensation Juvenile Court Code amended Judges' salaries in certain counties (180,000-190,000) Venue; proposed amendment to the Constitution

4133 416 3600
2174

MUNICIPAL COURTS

See also General Index under name of municipality or county.

Judges' salaries in certain counties (180,000-190,000)

3600

Jurisdiction; proposed amendment to the Constitution

2026

PROBATE COURTS

See also General Index under name of county.

Columbus, Georgia; judge

4143

Elbert County; judge's salary

4201

Franklin County; judge placed on salary basis

4173

Glynn County; judge's compensation

3766

Haralson County; judge's salary

4224

Jasper County; judge placed on salary basis

3753

Judges'salaries

351

Judges' salaries in certain counties (145,000-165,000)

3723

Judges' salaries in certain counties (180,000-190,000)

3600

Laurens County; judge's compensation

4275

Marriage licenses, notification of parents in certain circumstances . . 438

Mitchell County; judge placed on salary basis

4088

Retirement system for judges

1346

Telfair County; judge's salary

3635

Turner County; judge placed on salary basis

4237

Walker County; compensation of personnel

3939

INDEX

2367

STATE COURTS

See also General Index under name of county.

Bibb County; Act creating court amended

3899

Bulloch County; compensation of judge and solicitor

3389

Chatham County; pre-trial division, etc

4380

Clayton County; compensation of judge and solicitor, terms, etc. . . . 3890

Cobb County; arrest powers of investigators

3812

Cobb County; judge pro hac vice

3608

Cobb County; magistrate pro hac vice

3894

DeKalb County; services of former judges, etc

4002

Dougherty County; judge's salary

4258

Effingham County; salaries of judge and solicitor

3527

Elbert County; terms

4199

Fulton County; costs

3309

Fulton County; judge emeritus

3363

Fulton County; magistrates

. 3735

Fulton County; vacancies

3855

Glynn County; salaries

4517

Hall County; judge's compensation

3605

Judges' salaries in certain counties (180,000-190,000)

3600

Laurens County; abolished

3268

Laurens County; salaries of judge and solicitor

3320

Muscogee County; compensation of judge and solicitor

4327

Polk County; judge's compensation

4540

Salaries of judges and solicitors in certain counties

(145,000-165,000)

3723

Service by judges in other state courts

600

Spalding County; terms, juries, etc.

3048

Sumter County; compensation of judge and solicitor

4247

Thomas County; salaries, practice and procedure

4278

Troup County; compensation of judge and solicitor

3376

Walker County; juries, procedure, etc

3102

COUNTY AND COUNTY MATTERS

See General Index under name of county.

COUNTY MATTERS BY POPULATION

4,482-4,476; 1945 Act repealed

640

5.890-

5,900; 1943 Act repealed

6.890-

6,900; 1945 Acts repealed

6,940-6,970; 1945 Act repealed

640

8,330-8,340; 1945 Act repealed

640

8,750-8,800; 1945 Act repealed

640

8,835-8,850; 1945 Act repealed

640

9,100-9,110; 1945 Act repealed

640

9,110-9,120; 1943 Act repealed

640

9,130-9,140; 1945 Act repealed

640

10,435-10,445; 1945 Act repealed

640

10,570-10,900; boards of education

4310

10,600-10,900; coroners'compensation

1185

2368

INDEX

11,340-11,390; boards of elections

3003

11,790-11,810; 1945 Act repealed

640

12,190-12,210; 1943 Act repea led

640

12,990-13,010; 1943 Act repealed

640

13,365-14,765; small claims courts

3194

15,140-15,150; 1945 Act repealed

640

17,510-17,560; coroners' compensation

4332

20,400-20,600; compensation of county commissioners

4184

20,490-20,500; 1945 Act repealed

640

29,080-29,100; 1945 Act repealed

640

31,700-32,300; small claims courts

4285

32.300-

32,700; small claims court created

33.300-

34,056; small claims courts

33,600-34,500; coroners' compensation

3607

73.000-

89,000; clerks of probate courts

90.000-

140,000; coroners' compensation

100.000-

160,000; fluoridation of potab

145.000-

165,000; ad valorem taxation

145.000-

165,000; compensation of nam

170.000-

190,000; legislative advisory c

180.000-

190,000; compensation of nam

190.000-

300,000; fees of tax collectors

200.000 or more; purchasing departments

3858

200.000-

500,000; annexation by munic

200.000-

600,000; boards of registration

200.000-

600,000; sales of malt beverag

beverage by the drink on Sundays

3661

350.000-

500,000; annexation by munic

350.000-

500,000; minors prohibited in

350.000-

550,000; sale of malt beverage

beverages by the drink on Sundays

3661

350.000-

600,000; ad valorem tax due d

350,000-600,000; boards of registrations and elections

4001

550.000 or more; contributions of public funds

for charitable purposes

3406

550,000 or more; county building authority Act

4488

550,000 or more; per diem allowances for development authorities. . 806

550,000 or more; purchasing departments

3858

COUNTY MATTERS-HOME RULE ACTIONS

Camden County; County administrator DeKalb County; employee retirement DeKalb County; structures unfit for human habitation Floyd County; merit system amended Richmond County; auditing firm, county administrator, etc Richmond County; construction supervisor, etc Richmond County; employees' pension fund Richmond County; personnel board Richmond County; trash, etc. depositories, land fills, etc Rockdale County; board of commissioners Whitfield County; commission meetings Whitfield County; purchasing

4570 4572 4577 4583 4590 4603 4606 4599 4595 4610, 4615 4630 4627

INDEX

2369

MUNICIPAL CORPORATIONS--NAMED CITIES

See General Index under name of City

MUNICIPAL CORPORATIONS--BY POPULATION

300,000 or more; pension system for members of police

departments amended

3205, 3208

More than 300,000; pension system for employees

3691,3852

More than 300,000; pension system for members of paid fire

departments amended

3201,3204, 3692

More than 300,000; public zoos

3734

MUNICIPAL CORPORATION-BY POPULATION OF COUNTIES

200.000350.000-

500,000; annexation 500,000; annexation

MUNICIPALITIES--HOME RULE AMENDMENTS

Albany, City of; improvement of alleys Atlanta, City of; chief of police Atlanta, City of; department and bureau directors Atlanta, City of; director of bureau of police services Atlanta, City of; executive branch of government Atlanta, City of; mayor's veto Atlanta, City of; parks and recreation, cultural affairs Atlanta, City of; section 5-302(b) of charter repealed Atlanta, City of; taxes College Park, City of; pension board College Park, City of; pension rights College Park, City of; service pensions, etc College Park, City of; utility liens Covington, City of; charter amended East Point, City of; ordinances Elberton, City of; salaries Hazlehurst, City of; salaries Lyons, City of; charter amended Marietta, City of; board of lights and waterworks Marietta, City of; mayor pro tern Newnan, City of; retirement Oakwood, City of; insurance license fees Peachtree City, City of; municipal court St. Marys, City of; city manager Thomasville, City of; salaries Warner Robins, City of; meetings of mayor and council

4634 4676 4681 4665 4652, 4658 4671 4646 4642 4636 4700 4690 4693 4687 4747 4703 4710 4712 4716 4721 4718 4725 4728 4732 4737 4740 4745

RESOLUTIONS AUTHORIZING COMPENSATION

Blackmon, Robert L

4543

Callaway, Ms. Teresa M

4554

Cartledge, Donald K

4543

Crouch, Jerry

4551

Dean, W. P

75

2370

INDEX

Easterling, Ms. M. Kathy Florence, Norma Jean Forest, Ben Hamrick, Mrs. Margret B Healey, Mrs. Mari Parker Hemperley III, Mr. & Mrs. Carlos Mason Jordan, Sr., James C King, Allen D Plumley, Janice T Shoemaker, Carl E Simmons, Johnny E Thomas, Jr., Tom W Todd, Richard Allen Wissing, Donald R

4555 4547 4560 4556 4550 4546 4563 4552 4562 4559 4549 4558 4557 4548

RESOLUTIONS AUTHORIZING LAND CONVEYANCES, LEASES AND EASEMENTS

Acquisition of part of Sapelo Island authorized

359

Barton, Charles C., exchange of land

1500

Bingham, Reed, State Park, easement authorized.

810

Camden County, land conveyance authorized

1501

Charles G. Edwards Post 660 of the V.F. W., lease of land

41

Consolidated Atlanta Properties Ltd. (CAPCO), lease amendment. . . 1520

Fisher, Tom S., land conveyance

796

Georgia Power Company, exchange of land

1202

Goodwill Industries of Coastal Empire, Inc.,

lease of land authorized

43

Grumman Aerospace Corporation, land conveyance authorized .... 808

Henry County, land conveyance authorized of property

located in Henry County

799

Johnson, George H., exchange of land

1500

Land conveyances authorized in Fulton, Bartow, Gordon,

Whitfield and Catoosa Counties

1495

Louisville & Nashville Railroad Company, easement

1489

Macon, City of, conveyance of land located in

City of Macon authorized

803

Oglethorpe Power Corporation, corrective easement

1194

Rowland, Grattan W.; exchange of land

3990

Smith, Clifford W., land conveyance authorized . .

1484

Spartan Radiocasting Company, lease authorized

1490

Sumter County, land conveyance

1192

Thurmond, Charles, J., land conveyance

791

Tift County Development Authority, land conveyance

794

Victory Temple, land conveyance authorized

1506

Wallis, H. W., Estate of, land conveyance .

.

791

Warm Springs Foundation, land conveyance authorized

815

MISCELLANEOUS RESOLUTIONS Agriculture, State Museum of Andersonville Trail designated

788 1499

INDEX

2371

Brown, Governor Joseph Emerson, portrait

787

Carpenter, George S.; bridge designated

3992

Colwell, Pat E., road designated

4564

Congress urged to designate any increase in motor fuel

taxes to states

1201

Council for North American Affairs of the Republic

of China, privileges, etc

46

Elkins, Liston, Parkway designated

3989

Expenses of members of select committee on constitutional revision. . 1480

Floyd, James H. "Sloppy," Veterans Memorial Building designated . 785

Fortson, Ben W. Jr., State Archives and Records Building designated. 1199

Georgia Energy Regulatory Reform Commission

812

Georgia High School Association Study Committee

1205

Georgia tax reform commssion amended

1684

Holland, Archibald, Bridge designated

4561

Jail Standards Study Commission

385

Joint Child Abuse Study Committee created

819

Joint Emergency Medical Services Study Committee

1486

Joint Local Mental Health and Mental Retardation

Governance Study Committee

1493

Metropolitan Atlanta Rapid Transit Overview Committee

790

Morgan, Joel Nathaniel, National Guard Armory

789

Patterson, Stonewall Jackson, Memorial Bridge

3604

Public zoos in certain municipalities (more than 300,000)

3734

Services for the Aged Study Committee

1482

Silver-haired Legislature created

807

Smith, Honorable George T., portrait

1503

Smith, Leon, Bridge designated

4544

Smith, W. B., Bridge designated

3603

Study of Public Notice procedure by Secretary of State

1197

2372

INDEX

GENERAL INDEX

ABATEMENT OF NUISANCES -

Procedure, etc

620

ACCOUNTANCY, STATE BOARD OF-

Members

65

ACWORTH DOWNTOWN DEVELOPMENT AUTHORITY--

Created, proposed amendment to constitution

2134

ADEQUATE PROGRAM FOR EDUCATION IN GEORGIA ACT-S

Amended Amended, instructional media, ete Special education leadership positions

448,450,465,1010 1413 698

ADMINISTRATIVE PROCEDURE ACT-H

Amended .

820

ADMINISTRATIVE SERVICES, DEPARTMENT OF-- .

Purchase, transfer, etc; of state property

90

AD VALOREM TAXATION^ ; * Due dates in certain counties (350,000--600,000) Exemptions in certain counties (600,000 or more), proposed amendment to the constitution Homestead exemptions for elderly residents, proposed amendment to the constitution

710 2094 2114

ADVISORY COUNCIL FOR PROBATION--

Created

400

AGRICULTURAL COMMODITIES PROMOTION ACT-

Membership, etc

568

AGRICULTURE--

Compensation for destroyed bee hives, etc

713

Erosion and Sedimentation Act of 1975 amended

942

Establishment, etc. of farmers markets

572

Georgia Dairy Act of 1980

981

Georgia Pesticide Control Act of 1976 amended

747

Georgia Pesticide Use and Application Act of 1976 amended,

license fees, etc

749

INDEX

2373

Labeling, etc. of cases of eggs

690

Livestock dealers licensing act repealed

1107

Nuisances, agricultural or farming operations

1253

Plant Food Act of 1970 amended

1150

State Museum of Agriculture

788

AGRIRAMA DEVELOPMENT AUTHORITY ACT-

Amended

598

AIRCRAFT--

Mechanic liens

831

AlRPORTS-sad

Sale of alcoholic beverages on election days

1126

ALBANY, CENTRAL, DEVELOPMENT AUTHORITY--

Abolished, proposed amendment to the constitution

2337

ALBANY, CITY OFSee Tabular Index--Municipalities--Home Rule Amendments.

ALBANY-DOUGHERTY COUNTY INNER CITY AUTHORITY ACT--

Amended

4340

Members, etc

3184

ALCOHOLIC BEVERAGE CODE-

Enacted

1573

ALCOHOLIC BEVERAGES--

Control and taxation of wines within boundaries of airports. ... 501

Legal age to drink and possess alcoholic beverages

1206

Manufacture and sale of wine regulated

1561

Minors prohibited in places of business in certain

counties (350,000--500,000)

3161

Posting of notices

1174

Sale by the drink on Sundays in certain counties

(200,000-600,000) (350,000-550,000)

3661

Sale on election days

1126

ALCOHOLISM ADVISORY COUNCIL ACT-UKj

Amended

566

ALCOV Y JUDICIAL CIRCUIT-

Judges'compensation

498

Terms in Walton County

362

2374

INDEX

ALCOVY SHORES WATER AND SEWERAGE AUTHORITY ACTJ

Amended

4411

ALIENsfvp

Licensing of medical practitioners

3

ALPHARETTA, CITY OF-

Elections, etc

3730

AMBULANCE SERVICESAct amended

1758

ANDERSONVILLE TRAIL-- Designated

1499

ANIMALS-- Removal of identifying marks, etc

1062

APPLING COUNTY-* Additional judge of superior court Board of commissioners, proposed amendment to the constitution Homestead exemptions, proposed amendment to the Constitution Meetings of board of commissioners

959 2118 2111 4467

APPROPRIATIONS-- General Appropriations Act Offender rehabilitation Supplemental Appropriations Act

1799 7 98

ARABIC, TOUR OF-

Elections

3700

ARAGON, CITY OF-- ' Ad valorem taxation

4330

ARCHIVES AND HISTORY, DEPARTMENT OFyg-IV(

Objects and purposes

485

ARCHIVES AND RECORDS BUILDING-- ,

Named for Ben W. Fortson, Jr

1199

INDEX

2375

ASHBURN, CITY OF-

Homestead exemptions, proposed amendment

to the Constitution

2266

ATHENS, DOWNTOWN DEVELOPMENT AUTHORITY ACT-

Amended

3053

ATHLETIC TRAINERS, STATE BOARD OF-

Members

55

ATKINSON COUNTY--

Homestead exemptions, proposed amendment

to the Constitution

2292

ATLANTA, CITY OFSee also Tabular Index--Municipalities--Home Rule Amendments.

Appropriations to purchase evidence, etc

4288

Off-street parking, proposed amendment to the

Constitution

2112

ATLANTIC JUDICIAL CIRCUITSupplements for judges and district attorney
ATTACHMENTJudicial supervision, etc
ATTORNEY GENERALCriminal prosecutions involving property of Department of Transportation
AUCTIONEERS COMMISSIONTermination date
AUGUSTA, CITY OFCorporate limits Elections Employees' retirement system act amended Homestead exemptions, proposed amendment to the Constitution
AUSTELL, CITY OFHomestead exemptions, proposed amendment to the Constitution

1222 1065
590 1357 3085 3863 3198 2211
2121

2376

INDEX

AVERA, CITY OFName changed from town of Avera, charter amended
-BBAD CHECKS-
Code section 26-1704 amended Defined, crime, etc BAIL JUMPING-- Crime defined, etc
BAKER COUNTYTax collector placed on salary basis
BALDWIN COUNTY-- Board of county commissioners, referendum Magistrates court, powers, deputies, etc
BANKRUPTCY-H Homestead exemptions. .
BANKS AND BANKING-- Bank holding companies Financial Institutions Code of Georgia amended Mergers Restrictions on commissioner, officials and examiners Unlawful acquisitions by bank holding companies
BANKS COUNTY--IB Jurisdiction of justices of the peace, proposed amendment to the Constitution
BARBERSGeorgia barbers act amended Members
BARTON, CHARLES C.Resolution authorizing exchange of land repealed

BARTOW COUNTY Homestead exemptions, proposed amendment to the Constitution

3156
1034 1147
387 3253 3043 3651 952 542 972 1082 919 1081 2159 530
59 1500
2288

INDEX

2377

Jurisdiction of justices of the peace, proposed amendment to

the Constitution

2184

School district homestead exemptions, proposed amendment

to the Constitution

2185

BARTOW, TOWN OF-

Charter amended

3978

BEE HIVES--

Compensation for destruction when destroyed

to combat diseases

713

BEN HILL COUNTY--

Additional judge of superior court

1212

Homestead exemptions, proposed amendment

to the Constitution

2219

Office of tax commissioner created

3954

Terms of superior court

687

BIBB COUNTY-

Ad valorem taxation, proposed amendment to the Constitution . 2096

Homestead exemptions, proposed amendment

to the Constitution

2133

Macon-Bibb County Water and Sewerage Authority

Act of 1974 reenacted

3150

BIBB COUNTY, MACON, TRANSIT AUTHORITY ACT OF 1980-

Enacted

4313

BIBB COUNTY, MACON, WATER AND SEWERAGE AUTHORITY ACTA mended

4004

BIBB COUNTY, STATE COURT OF-

Amended

3899

BINGHAM, REED, STATE PARK-

Easement of land authorized

810

BINGO--

Regulation by Georgia Bureau of Investigation

422

BLACKMON, ROBERT L.--

Compensation for damages

4543

2378

INDEX

BLIND, FACTORY FOR THE-wj.-

Surplus funds

759

BLIND PERSONS-

Rights

1131

BOARD OF FUNERAL SERVICE-- Termination date, inspectors, etc.

1097

BOARD OF PHARMACY ACTAmended

1746

BOARD OF PILOTAGE COMMISSIONERS ACTNumber of pilots for Port of Savannah

1355

BOARD OF RECREATIONAL EXAMINERS ACTAmended

00, 1511

BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS--

Members, etc

968

BOATING^

Georgia Boat Safety Act amended

738

BONDED WAREHOUSES-

Code Chapter 111 -- 1 repealed

639

BONDS-

Revenue Bond Law amended

709

BRANTLEY COUNTYBoard of commissioners Compensation of sheriff's personnel Jurisdiction of justices of the peace, proposed amendment to the Constitution

4262 3664 2261

BREMEN, CITY OF-

Recorder's Court

4347

BROWN, GOVERNOR JOSEPH EMERSON-

Portrait

787

INDEX

2379

BRUNSWICK-GLYNN COUNTY CHARTER COMMISSION-

Appropriations, etc

3950

BRUNSWICK JUDICIAL CIRCUIT-

Additional judge

959

BRYAN COUNTY-

Salary supplements forjudges of superior court and

district attorney

1222

BUILDING AUTHORITIES--

Created in certain counties (550,000 or more)

4488

BUSINESS CORPORATION CODE--

Amended

715

Reviver of corporations, etc

1188

BUSINESS OPPORTUNITIES^^

Fraudulent and deceptive practices

1233

BULLOCH COUNTY-

Compensation of board of commissioners clerical assistants. . . . 3395

Compensation of deputy sheriffs, etc

3392

Compensation of employees of clerk of superior court

3400

Compensation of probate court clerical employees

3398

Compensation of tax commissioner's assistants

3403

Terms of superior court

^^

BULLOCH COUNTY, STATE COURT OF-

Compensation of judge and solicitor

3389

BURGLARY-

Defined, etc

^7

BURKE COUNTY-

Coroner's compensation

3468

BURKE COUNTY HOSPITAL AUTHORITY--

Vacancies

3976

BUTTS COUNTY-

Homestead exemptions, proposed amendment

to the Constitution

2333

2380

INDEX

CALLAWAY, MS. TERESA M.--

Compensation for damages

4554

CAMDEN COUNTY-H See also Tabular Index--County Matters--Home Rule Actions.

Additional judge of superior court Land conveyance authorized

959 1501

CAMPAIGN AND FINANCIAL DISCLOSURE ACT--H

Amended

724

CARPENTER, GEORGE S.-

Bridge designated

3992

CARROLL COUNTY-

Additional judge of superior court

1447

Salary of clerk of superior court

3961

CARTLEDGE, DONALD K.-

Compensation for damages

4543

CATOOSA COUNTY-^*

Board of education referendum

4250

Board of tax administrators, proposed amendment

to the Constitution

2154

Board of utilities commissioners

3935

Commissioner's salary, etc

4166

Compensation, etc. of named county officers and employees . . . 3570

Compensation of coroner

3555

District attorney's clerical assistance

1179

Sheriff's budget

4163

Tax commissioner's clerical allowance

4255

CECIL, CITY OF-

New charter

3331

CEMETERIES^*

Registration and regulation

719

CENTERVILLE, CITY OF-H

Corporate limits

3702

INDEX

2381

CHARITABLE CONTRIBUTIONS-

Contributions of public funds in certain counties

(550,000 or more)

3406

CHARITIES--

Professional fund raising for eleemosynary institutions

335

CHARLTON COUNTY-

Homestead exemptions, proposed amendment

to the Constitution

2297

Vacancies on board of commissioners

4358

CHATHAM COUNTY-

Consolidation votes with City of Savannah, proposed

amendment to the Constitution

2158

Recorder's court, proposed amendment to the Constitution .... 2209

CHATHAM COUNTY, STATE COURT OF--

Pre-trial division, etc

4380

CHATSWORTH, CITY OF-

Mayor's court fines

3153

CHATTOOGA COUNTY-- District attorney's clerical assistance Small claims court act amended

1179 4293

CHEROKEE COUNTY--

Board of education elections, etc., referendum

3275

Compensation of county attorney

3278

CHILD ABUSE-

Reports by physicians, etc

921

CHILD ABUSE JOINT STUDY COMMITTEE--

Created

819

CHILD SUPPORT PAYMENTS-

Fees of receiver

755

CHILDREN AND YOUTH ACT-

Amended, juvenile detention centers.

1046

2382

INDEX

CHINA, REPUBLIC OF-

Privileges, etc. of Coordination Council for North American

Affairs of Republic of China

46

CHIROPRACTIC EXAMINERS, STATE BOARD OF--

Members

67

CHIROPRACTORS-- Insurance policies covering services within scope of chiropractors

1279

CIVIL COURTSSee also numed court

Judges' salaries in certain counties (145,000--165,000)

3723

CIVIL DEFENSE ACT OF 1951 -

State grants

1247

CIVIL PRACTICE ACTSee also practice and procedure Alternate form of service of process Amended, forms

1124 649

CLARKE COUNTY^H

Merit system of employment, proposed amendment to the

Constitution

2305

Terms of superior court

355

CLAY COUNTY-

Small claims court

3545

CLAYTON COUNTY--

Compensation of board of commissioners

3514

Compensation of coroner, deputy coroner, etc

3511

Compensation of judge of probate court

3517

Compensation of named county officers

3887

Compensation of tax commissioner

3519

Homestead exemptions, proposed amendment

to the Constitution

2310

CLAYTON COUNTY BUSINESS AND INDUSTRIAL AUTHORITY--

Authorized, proposed amendment to the Constitution

2290

CLAYTON COUNTY, STATE COURT OF-

Compensation of judge, solicitor, terms of court

3890

INDEX
CLAYTON JUDICIAL CIRCUIT-- Compensation of district attorney Compensation of judges of superior court Compensation of official court reporters
CLERKS OF SUPERIOR COURTSSee also named county Recording of maps, plats, etc
CLINCH COUNTYCompensation of board of commissioners Homestead exemptions, proposed amendment to the Constitution Tax commissioner's salary
COBB COUNTYCompensation of judge of juvenile court Homestead exemptions, proposed amendment to the Constitution
COBB COUNTY-MARIETTA WATER AUTHORITY-- Bonds
COBB COUNTY, STATE COURT OFArrest powers of investigators Judge pro hac vice Magistrate pro hac vice
COBB JUDICIAL CIRCUIT-M Compensation of full time court reporters
COBB-MARIETTA COLISEUM AND EXHIBIT HALL AUTHORITY-- Created
COFFEE COUNTYElection of school superintendent, referendum Small Claims Court Act amended
COHUTTA, CITY OFCorporate limits, referendum
COLEMAN, CITY OFNew charter

2383 378 375 383
826 3318 2295 3316 4133 2098 3265 3812 3608 3894 1456
4091 1795 4384 4122 4205

2384

INDEX

COLQUITT COUNTY-aB Allocation of proceeds of local sales and use tax Taxation for education, proposed amendment to the Constitution
COLLEGE PARK BUSINESS AND INDUSTRIAL DEVELOPMENT AUTHORITY-- Created, proposed amendment to the Constitution

4565 2127
2071

COLLEGE PARK, CITY OFSee Tabular Index--Municipalities--Home Rule Amendments.

COLUMBIA COUNTY-

Board of commissioners created, referendum

3707

COLUMBUS, GEORGIA--

Charter amended. .3918, 3921,3924, 3927, 3929, 4140, 4147, 4158

Charter review commissions, proposed amendment

to the Constitution

2045

Convention and visitors board of commissioners

3983

Council meetings

4160

Elections

4149

Interim provisions repealed

4138

Judge of probate court

4143

Ordinances

4136

Property taxes

4378

Salary of judge of municipal court

4241

Salaries of mayor and council

4155

Taxing districts

4152

COLWELL, PAT

Pat E. Colwell Road designated

4564

COMMERCE, CITY OF-

Encroachments on sidewalks

4537

COMMISSIONER OF THE POOROffice abolished
COMMUNITY AFFAIRS, DEPARTMENT OF-- Duties, etc
COMPILER OF LAWS-- Secretary of State to employ

451 1316
88

INDEX

2385

CONDOMINIUM ACTAmended :

487, 1406

CONSOLIDATED ATLANTA PROPERTIES LIMITED (CAPCO)-

Lease amendment

1520

CONSTITUTION REVISIONExpenses of select committee

1480

CONSTRUCTION INDUSTRY LICENSING BOARD--

Created

1299

CONTROLLED SUBSTANCES ACT--

Amended

432

CONTROLLED SUBSTANCES THERAPEUTIC RESEARCH ACT-

Enacted

82

CONVICTS--

Possession of currency, etc

1095

COOPERATIVE MARKETING ACTAmended

635, 924

CORDELE JUDICIAL CIRCUIT--

Additional judge

1212

Terms

687

CORDELE OFFICE BUILDING AUTHORITY--

Projects

3972

CORONERS-

See also named county.

Compensation in certain counties (10,600-- 10,900)

1185

Compensation in certain counties (17,510-- 17,560)

4332

Compensation in certain counties (33,600--34,500)

3607

Compensation in certain counties (90,000-- 140,000)

3513

Compensation in certain counties (145,000--165,000)

3723

Compensation in certain counties (180,000-- 190,000)

3600

Deputies, etc

543

Office abolished, etc. in DeKalb County

3827

CORPORATE SURETIES--

Obligee defined

1159

2386

INDEX

CORPORATIONS-- Georgia Business Corporation Code amended Registered agents, etc Reviver of corporations, etc
CORRECTIONAL INDUSTRIES ACT-- Amended
CORRECTIONS, STATE BOARD OFFunds to counties Habitual offenders, etc Possession of currency, etc. by convicts
COSMETOLOGY, STATE BOARD OF-- ^ Membership, termination date, etc
COUNTIES-- Contracts Delegation of authority to approve, certain claims Funds for burial of paupers Funds from State Board of Corrections Meritorious service, etc. awards to employees, proposed amendment to the Constitution Redevelopment powers, proposed amendment to the Constitution
COUNTY COMMISSIONERS-- Compensation in certain counties (20,400--20,600)
COUNTY LINES-- Survey and plat, when recorded
COUNTY OFFICERS-- Compensation of named offices in certain counties (180,000--190,000)
COUNTY PURCHASING DEPARTMENTS-- Amended as to certain counties (200,000 or more) (550,000 or more)
COURT REPORTERSSee also named circuit or court. Georgia Court Reporting Act amended, temporary employment permits

623, /15 603
1188 731 470 2002
1095 1420
534 463 722 470 2105 2089 4184 1178
3600
3858
528

INDEX

2387

COURTS-

Fees for receiving child support payments

755

Subpoenas, etc.; witness fees, etc

70

Superior court clerks, fees for attendance upon the courts 1045

COURTS OF INQUIRY--

Jurisdiction, etc

415

COVINGTON, CITY OF-

See also Tabular Index--Municipalities--Home Rule Amendments.

Charter amended

3896

COWETA JUDICIAL CIRCUIT--

Additional judge

1447

CRAWFORD COUNTY-

Office of treasurer abolished

4184

CRIME INFORMATION CENTER-

Audits

394

CRIMES--

Bad checks

1034, 1147

Bail jumping

387

Burglary defined, etc

770

Furnishing, etc. alcoholic beverages to underage persons 1206

Georgia Racketeer Influenced and Corrupt Organizations Act. . 405

Illegal use of financial transaction cards, etc

1083

Loitering and prowling

388

Operation of motor vehicles in violation of Code section 68-201. 746

Removal of dead bodies from graves

1434

Removal of identifying marks, etc. from animals

1062

Sales to political subdivisions, etc

733

Unlawful conversion of tax proceeds

834

CRIMINAL PROCEDUREAppeal bonds Courts of inquiry Criminal investigation warrants, importation or sale of marijuana Discovery Prosecution involving property of the Department of Transportation Restitution Trials on accusations, etc Sealing of certain criminal records

1359 415 326
1388 590
1382 452
1683

2388

INDEX

Unified review procedure in death penalty cases Use of depositions Witness fees to law enforcement officers
CRISP COUNTY-W Additional judge of superior court Terms of superior court
CROUCH, JERRY-- Compensation for damages
CUMMING, CITY OFPunishment imposed by police court
-D-
DADE COUNTY-- District attorney's clerical assistance Sheriff's budget, etc
DAIRY ACT OF 1980-- Enacted
DALTON, CITY OF-fl Compensation of recorder Homestead exemptions, proposed amendment to the Constitution Retirement system amended
DANVILLE, CITY OFHomestead exemptions, proposed amendment to the Constitution
DAWSON COUNTYSalaries of official court reporters
DEAD BODIES-- Removal from graves, etc. . . . .
DEAF PERSONS-- Rights
DEAN, W. P.-- Compensation for damages . .

390 426 439 1212 687 4551 3159
1179 3125
981 3463 2223 3242
2169 369
1434 1131 3104

INDEX

2389

DEBTS DUE STATE AND LOCAL GOVERNMENTSInterest rate

1759

DECATUR, CITY OFAd valorem taxation, proposed amendment to the Constitution .2196

DECATUR COUNTY-

Board of education residency requirements, referendum

3272

Small claims court act amended

3186

DEEDS--

Taxation of certain deeds

491

DEEDS OFTRUST-

Domestic corporations

472

DEEDS TO SECURE DEBTEffect of "open-end" conveyances Transfer

1550, 1765 976

DEFAULT JUDGMENTS-

Procedure, etc

833

Dekalb county-

Seealso Tabular Index--County Matters-Home Rule Actions.

Board of commissioners, referendum

3996

Compensation of judge of probate court

3502

Medical examiner, proposed amendment to the Constitution ... 2106

Office of medical examiner created

3827

Recorder's court jurisdiction, proposed amendment

to the Constitution

2125

Dekalb county, state court of-

Services of former judges, etc

4002

DEPARTMENT OF HUMAN RESOURCES-

Aging section created

1008

DEPARTMENT OF NATURAL RESOURCES--

Disposition of property

587

DEPARTMENT OF TRANSPORTATION--

Criminal prosecutions involving property of department

590

2390

INDEX

DEPOSITORY ACTState Depository Board Act amended
DEPOSITS OF PUBLIC FUNDSRegulated
DEPUTY SHERIFFS- Oaths
Desoto, city ofNew charter
DEVELOPMENT AUTHORITIES LAW-B Amended, per diem allowances in certain counties (550,000 or more) Amended, project defined, etc
DISABLED PERSONS-- Access to buildings and facilities Handicapped parking law
DISTRICT ATTORNEY EMERITUS- Act creating office amended
DISTRICT ATTORNEYSSee also named circuit or county. Compensation of secretaries in certain circuits(103,000-135,000) Salary supplements
DISTRICT ATTORNEYS' RETIREMENT SYSTEM-- Amended
DODGE COUNTY-||| Small claims court act amended
DOOLY COUNTYAdditional judge of superior Court Terms of superior court
DORAVILLE, CITY OFHomestead exemptions, proposed amendment to the Constitution

763 969 527 4422 806 1332 1344 1334 939
1157 830 925 4194 1212 687 2102

INDEX

2391

DOUGHERTY, ALBANY, INNER CITY AUTHORITY ACPpR

Amended Members, etc

4340 3184

DOUGHERTY COUNTY-

Small claims court act amended

4407

DOUGHERTY COUNTY BOARD OF EDUCATION--

Contracts with Dougherty County Board of

Education

3007

DOUGHERTY COUNTY, STATE COURT OF-Jii

Judge's salary

4258

DOUGLAS, CITY OF-

Quorum of Board of Commissioners

4298

DOUGLAS COUNTY-

Ad valorem taxation, proposed amendment

to the Constitution

2148

Board of commissioners

4371

Compensations of board of education,

referendum

4120

Ordinances, etc., proposed amendment to the

Constitution

2146

DOUGLAS JUDICIAL CIRCUIT-

Created

563

DRUGS-- Georgia Controlled Substances Act amended Third-Party'Prescription Program Act

432, 1288 1761

DUBLIN, CITY OF^gl

Terms of mayor and council, referendum

3189

DUBLIN JUDICIAL CIRCUIT^?

Additional judge

316

-E-

EARLY COUNTY-

Clerk for board of commissioners

3575

Office of treasurer abolished

3577

2392

INDEX

EASTERLING, MS. M. KATHY-M

Compensation for damages

4555

EAST POINT BUSINESS AND INDUSTRIAL DEVELOPMENT AUTHORITY ACT-

Amended

4080

EAST POINT, CITY OF--

See also Tabular Index--Municipalitions-- Home Rule Amendments.

Elections

3116

ECHOLS COUNTY-

Board of commissioners

3727

Compensation of clerk of superior court

3724

EDUCATION--

Adequate Program for Education in Georgia Act

amended

448,450,465, 1010

Adequate Program for Education in Georgia Act

amended, instructional media, etc. . .

1413

Assistance in obtaining education beyond

twelfth grade

835

Boards of education in certain counties

(10,750--10,900)

4310

General obligation debt for education facilities,

proposed amendment to the Constitution

2032

Grants to local public school systems

1789

Health Insurance for public school

employees

1538, 1541

Local hearings, handicapped children exemption

1508

Professional Teaching Practices Act

1214

Program for certified teachers, proposed amendment

to the Constitution

2033

Purchase of uniforms used by public schools,

proposed amendment to the Constitution

2108

School bus drivers' sick leave

2001

Special education leadership positions

698

EDUCATION, STATE BOARD OF--

Schools for deaf and blind

645

EDWARDS, CHARLES G., POST 660 OF VFW.--

Lease of land

41

INDEX

2393

EFFINGHAM COUNTY--

Board of county commissioners

3523

Board of education, referendum

3542

Coroner's compensation

3521

Terms of superior court

374

EFFINGHAM COUNTY, STATE COURT OF-., , Salaries of judge and solicitor

.... 3527

EGGS-

Labeling, etc. of cases of eggs

690

ELBERT COUNTY--

Compensation of clerk of superior court and

judge of probate court

4201

Salary, etc. of additional judge of

superior court

1232

Terms of superior court

364

ELBERT COUNTY, STATE COURT OFTerms

4199

ELBERTON, CITY OFSee Tabular Index -- Municipalities --Home Rule Amendments.

ELDERLY--

Residential Care Facilities for Elderly

Authorities Act

1466

Services for the Aged Study Committee created

1482

Tax deferral program

1707

ELECTIONS-- Boards of elections created in certain counties (11,340-- 11,390).' Boards of registration and elections in certain counties (200,000-600,000) (350,000-600,000) Campaign and Financial Disclosure Act Amended Georgia Election Code Amended Municipal Election Code Amended Municipal Election Code Amended, deputy registrars, etc Placement of names on voting machines Presidential perference primaries Public Officers Recall Act Amended Sale of alcoholic beverages on election days Special elections Special municipal elections

3003 4001 724 312,1256 314 1005 ^37
3 1436 1 \rP.
385 "84

2394

INDEX

ELECTRIC MEMBERSHIP CORPORATION ACT-

Amended

72

ELEEMOSYNARY INSTITUTIONS-

Professional fund raising

335

ELKINS, LISTON, PARKWAY-

Liston Elkins Parkway designated

3989

EMANUEL COUNTY-

Small claims court act amended

4273

EMERGENCIES--

Removal of civil liability when equipment is

provided without cost

1048

EMERGENCY MEDICAL TECHNICIANSHealth Code Amended

1170

EMERGENCY TELEPHONE NUMBER "911 " SERVICE ACT of 1977-M

Amended

699

EMPLOYEES' HEALTH INSURANCE--

Dental coverage, vision care, etc

966

Health insurance plan amended

94

Health maintenance organizations

965

EMPLOYEES' RETIREMENT SYSTEMS-H Amended Prior service with counties

925 1544

EMPLOYMENT SECURITY LAW-H Amended

1553, 1563, 1565

EMPLOYMENT TAXES-- Levy by municipalities limited

1298

ENERGY REGULATORY REFORM COMMISSION-

Created

812

ENERGY RESOURCES, COUNCIL FORAct amended

1169

INDEX
EROSION AND SEDIMENTATION ACT OF 1975Amended
ESTATES, ADMINISTRATION OFInheritance by and from illegitimates
ETOWAH WATER AND SEWER ACTEnacted
EVANS COUNTYSalary supplements forjudges of superior court and district attorney Superior court terms
EVIDENCE-- Depositions in criminal cases
EXECUTIVE REORGANIZATION ACT OF 1972Amended, Division of Forensic Sciences of Bureau of Investigation
--F-- FACTORY FOR THE BLIND--
Surplus funds FAIR BUSINESS PRACTICES ACT OF 1975-
Regulation of professional fund raising FAIR EMPLOYMENT PRACTICES ACT OF 1978-
Repealer repealed FAMILY AND CHILDREN SERVICES AGENCIES--
Investigations, etc FANNIN COUNTY-
Compensation, etc. erf board of commissioners Salary, etc. of clerk of superior court Sheriff's personnel FARMERS MARKETSEstablishments, etc

2395
942 1432 3407 1222 4000
426 497
759 335 356 1149 3809 4324 3689 572

2396

INDEX

FAYETTE COUNTYl$f|

Funds to promote county, proposed amendment to the

Constitution

2225

Small claims court Act amended

4344

FEDERAL INTERGOVERNMENTAL COOPERATION ACT OF 1968-

Amended

736

FELONSPossession of firearms

1509

FINANCIAL INSTITUTIONS--

Tenancy in common, etc. defined

753

FINANCIAL INSTITUTIONS CODE OF GEORGIA-- Amended Change of control of financial institution

972 1076

FINANCIAL TRANSACTION CARDS--

Illegal use

1083

FIRE ACADEMY ACT-

Amended

431

FIREARMS-- Possession by convicted felons

1509

FIRE DEPARTMENTS-

Authority and power

1395

Pension system for members of paid departments in certain cities

amended (more than 300,000)

3201,3204, 3692

FIRE FIGHTERS STANDARDS AND TRAINING ACT-

Enacted

1242

FIRE FIGHTERS STANDARDS AND TRAINING COUNCIL-

Qualifications of fire fighters

601

FIREMEN-- Indemnification, proposed amendment to the Constitution Tort liability

2166 1173

FIREMEN'S PENSION FUND-

Increase in benefits, proposed amendment

to the Constitution

2087

INDEX

2397

FISHER, TOM S.--

Land conveyance authorized

796

FLORENCE, NORMA JEAN-

Compensation for damages

4547

FLOWERY BRANCH, CITY OF-

Election of councilmen

3646

FLOYD COUNTY--

See also Tabular Index--County Matters--Home Rule Actions.

Additional judge of superior court

782

Jurisdiction of justices of the peace, proposed amendment

to the Constitution

2176

Juvenile court judge, proposed amendment

to the Constitution

2200

Rome, Floyd County Development Authority Act amended .... 3060

Staggered terms of commissioners, proposed amendment

to the Constitution

2202

FLOYD, JAMES H. "SLOPPY"James H. "Sloppy" Floyd Veterans Memorial Building named. . . 785

FLUORIDATION--

Water supplies of certain counties (100,000-160,000)

4343

FOOD-

Kosher food defined, etc

1767

FORECLOSURE PROCEDURE-

Personal property

822

FOREST, BEN-

Compensation for damages

4560

FORESTERS, STATE BOARD OF-

Members

54

FORESTRY COMMISSION, STATE--

Sale of seedlings, etc

561

FORTSON, BEN W., JR --

State Archives and Records Building designated

1199

2398

INDEX

FRANKLIN COUNTY-

Clerk of superior court placed on salary basis

4169

Compensation of county commissioner

4177

Judge of probate court placed on salary basis

4173

Salary, etc. of additional judge of superior court

1232

Tax commissioner placed on salary basis

4180

Terms of superior court

364

FRANKLIN COUNTY WATER AND SEWERAGE AUTHORITY ACT--

Enacted

4388

FRAUDULENT, ETC. PRACTICES IN THE SALE OF BUSINESS OPPORTUNITIES--

Enacted

1233

FULTON COUNTY-

Board of education pension fund

3196

Employee pension system

3611

Public safety service districts, proposed amendment

to the Constitution.

2048

Retirement of certain former employees, proposed amendment

to the Constitution

2053

FULTON COUNTY, STATE COURT OF-H

Costs

3309

Judge emeritus

3363

Magistrates

3735

Vacancies

3855

FUNERAL SERVICE, BOARD OF-

Termination date, inspectors, etc

1097

--G-

GAINESVILLE AREA PARK COMMISSION ACT-

Enacted

4054

GAINESVILLE DEVELOPMENT AUTHORITY--

Authorized, proposed amendment to the Constitution

2024

GAME AND FISH-

See also Natural Resources, Department of--

Code amended .

2004

Georgia Boat Safety Act amended

738

Raccoon trapping

323

INDEX

2399

GARNISHMENT-- Procedure, etc

1769

GENERAL ASSEMBLY--

Compensation of members . . .

756

Legislative Retirement System amended

925

Redevelopment powers to counties and municipalities,

proposed amendment to the Constitution

2089

GEOLOGISTS--

Registration Act of 1975 amended

50

GEORGIA ADMINISTRATIVE PROCEDURE ACT-

Amended

820

GEORGIA AGRICULTURAL COMMODITIES PROMOTION ACT-

Membership, etc

568

GEORGIA AGRIRAMA DEVELOPMENT AUTHORITY ACT-a: >;

Amended

598

GEORGIA ALCOHOLIC BEVERAGE CODE--

Enacted

1573

GEORGIA AUCTIONEERS COMMISSION^ hi

Termination date

1357

GEORGIA BARBERS ACTAmended.

59, 530

GEORGIA BOAT SAFETY ACT- '

Amended

738

GEORGIA BUREAU OF INVESTIGATION-fyp

Arrest powers of agents

420

Division of Forensic Sciences

497

Regulation of non profit bingo games

422

GEORGIA BUSINESS CORPORATION CODEAmended Registered agents Revivers, etc

623,715 603
1188

2400

INDEX

GEORGIA CIVIL DEFENSE ACT OF 1951 -

Amended, state grants

1247

GEORGIA CODE OF PUBLIC TRANSPORTATION-

Amended

1017

Amended, parking facilities

773

Amended, trailers, etc

576

Leases of property, etc

775

GEORGIA CONDOMINIUM ACTAmended

487, 1406

GEORGIA CONTROLLED SUBSTANCES ACTAmended

432, 1288

GEORGIA CORRECTIONAL INDUSTRIES ACT--"J

Amended

731

GEORGIA COUNCIL FOR ENERGY RESOURCESAct amended

1169

GEORGIA COURT REPORTING ACT-- ;

Amended, temporary employment permits

528

GEORGIA CRIME INFORMATION CENTER!^

Audits

394

GEORGIA DAIRY ACT OF 1980-

Enacted

981

GEORGIA EDUCATIONAL LOAN PROGRAM-

Enacted

835

GEORGIA ENERGY REGULATORY REFORM COMMISSION-

Created

. . . .

812

GEORGIA FACTORY FOR THE BLIND--

Surplus funds

759

GEORGIA FIRE ACADEMY ACT-

Amended

431

GEORGIA FIRE FIGHTER STANDARDS AND TRAINING ACT-

Amended

1242

INDEX

2401

GEORGIA FIRE FIGHTERS STANDARDS AND TRAINING COUNCIL--

Qualifications of fire fighters

601

GEORGIA FIREMEN'S PENSION FUND-

Increase in benefits, proposed amendment

to the Constitution

2087

GEORGIA HIGH SCHOOL ASSOCIATIONStudy committee created

1205

GEORGIA HIGHER EDUCATION ASSISTANCE CORPORATION-

Created

835

GEORGIA HISTORIC PRESERVATION ACTJM

Enacted

1723

GEORGIA INDUSTRIAL LOAN ACT-

A mended

509

Amended, penalty provisions

1784

GEORGIA INSURANCE CODE-*'** Amended Amended, license fees, etc Amended, reinsurance, etc Property insurance

516 1163 1108
760

GEORGIA JUSTICE COURTS TRAINING COUNCIL ACT-

Amended

638

GEORGIA LEGISLATIVE RETIREMENT SYSTEM ACT--

Amended

611

GEORGIA MICROFORMS ACT-H

Enacted

519

GEORGIA MILITARY FORCES REORGANIZATION ACT OF 1955-

A mended

589

Amended, liability of members

824

GEORGIA MILITARY SCHOLARSHIP ACT-

Enacted

1292

76

2402

INDEX

GEORGIA MOUNTAIN FAIR AUTHORITY OF TOWNS COUNTY-

Created

3134

GEORGIA PEACE OFFICERS STANDARDS AND TRAINING ACT-

Amended, police chaplains Amended, radar operators

1127 979

GEORGIA PESTICIDE CONTROL ACT OF 1976-

Amended, violations, etc

747

GEORGIA PESTICIDE USE AND APPLICATION ACT OF 1976-

Amended, license fees, etc

749

GEORGIA PLANT FOOD ACT OF 1970Amended

1150

GEORGIA PORTS AUTHORITY--

Arrest powers of investigators

503

GEORGIA POWER COMPANY--

Exchange of land authorized

1202

GEORGIA PUBLIC REVENUE CODESee also Public Revenue Amended

10, 436

GEORGIA PUBLIC SAFETY TRAINING CENTER ACT--

Enacted

429

GEORGIA RESIDENTIAL FINANCE AUTHORITY ACT--' " Amended Amended, bonds, etc

1269 351

GEORGIA RICO ACT-- Racketeer influenced and corrupt organizations act enacted. . . . 405

GEORGIA SAFE DAMS ACT OF 1978-

Amended

922

GEORGIA SEED DEVELOPMENT ACT--IOJ

Amended

348

INDEX

2403

GEORGIA STATE BOARD OF PHYSICAL THERAPYAct amended

1053

GEORGIA STATE FINANCING AND INVESTMENT COMMISSION ACT--

Amended

555

GEORGIA STUDENT FINANCE AUTHORITY ACT--

Enacted

835

GEORGIA STUDENT FINANCE COMMISSION-

Created

835

GEORGIA TAX REFORM COMMISSION-

Amended

1684

GLYNN COUNTY-

Additional judge of superior court

959

Compensation, etc. of clerk of superior court and

probate court judge

3766

Facilities, etc. for sheriff's office

4457

GLYNN COUNTY, BRUNSWICK, CHARTER COMMISSION--

Appropriations, etc

3950

GLYNN COUNTY, STATE COURT OF^Si

Salaries

4517

GOODWILL INDUSTRIES OF THE COASTAL EMPIRE, INC.--

Lease authorized

43

GORDON COUNTY- to

Compensation of named county officers

3586

Compensation of tax commissioner

3588

Homestead exemptions, proposed amendment

to the Constitution

2247

Vacancies on board of education, referendum

3720

GOVERNOR-

Appointment of members of examing boards

1162

Compensation

758

GRANDPARENTS-

Visitation rights, etc

936

2404

INDEX

GRAVES-

Removal of dead bodies

1434

GREAT PARK AUTHORITY- _

Created

328

GREENE COUNTY-

Development Authority Act amended

3105

GRIFFIN DEVELOPMENT AUTHORITYCreated, etc., proposed amendment to the Constitution

2315

GRIFFIN DEVELOPMENT AUTHORITY ACT-|||j

Amended

4413

GRUMMAN AEROSPACE CORPORATION--

Land conveyance authorized

808

GUARDIAN AND WARD--

Guardians of incapacitated adults

1661

GWINNETT COUNTY-- Recorder's Court .................................... 3539

GWINNETT JUDICIAL BUILDING AUTHORITY*^ Created, proposed amendment to the Constitution

'. . 2010

--H-

HABERSHAM COUNTYHomestead exemptions, proposed amendment to the Constitution Taxes for educational purposes, proposed amendment to the Constitution

. 2283 2280

HALL COUNTY

Board of elections, proposed amendment to the Constitution . . . 2227

Salaries of official court reporters

369

HALL COUNTY, STATE COURT OF-

Judge's compensation

3605

HAMRICK, MRS. MARGRET B.-

Compensation for damages

4556

INDEX

2405

HANDICAPPED PARKING LAWEnacted
HANDICAPPED PERSONSAccess to buildings and facilities
HAPEVILLE, CITY OFNew charter
HAPEVILLE DEVELOPMENT AUTHORITY-- Created, proposed amendment to the Constitution
HARALSON COUNTYCompensation of judge of probate court Treasurer's compensation
HARRISON, TOWN OF- ^ Charter amended

1334 1344 3769 2055 4224 3967 3582

HART COUNTY -

Salary, etc. of additional judge of Superior Court

1232

Terms of superior court

364

HAWKINSVILLE, PULASKI COUNTY, DEVELOPMENT AUTHORITY ACT- ;

Amended

3905

HAZLEHURST, CITY OF^^ See Tabular Index--Municipalities--Home Rule Amendments.

HEALEY, MRS. MARI PARKER--

Compensation for damages

4550

HEALTHEye Banks Habilitation of mentally retarded persons Licensure of home health agencies etc Long-Term Care Facility Resident Abuse ReportingAct Notification and consultation rights, etc Peer review protection Registration of spinal-cord disabled persons Removal of dead bodies from graves

1328 1160 1790 1261 1451 1282 1245 1434

2406

INDEX

HEALTH CODEAmended, advanced emergency medical technicians, etc Teaching hospitals, reports of non-accidental injuries

1170 1040

HEALTH INSURANCE--

Coverage for retired State employees

9

Employees health plan amended

94

Health maintenance plans for State employees

965

Public school teachers

963

HEARD COUNTYAdditional judge of superior court

1447

HELENA, CITY OF-

Charter amended

4354

HEMPERLEY, III, MR & MRS. CARLOS MASON-) ^

Compensation for damages

4546

HENRY COUNTY--

Board of County Commissioners, referendum

3009

Conveyance of land located in Henry County authorized

799

Development Authority Act amended

3087

Homestead exemptions, proposed amendment

to the Constitution

2255, 2257

Ordinances, etc., proposed amendment to the Constitution .... 2303

Small Claims Court Act amended

3958

HIGHER EDUCATION ASSISTANCE CORPORATION--..^

Created

835

HISTORIC PRESERVATION ACTJg|

Enacted

1723

HOLLAND, ARCHIBALD

Archibald Holland Bridge designated

4561

HOLLY SPRINGS, CITY Of|H|

New charter

3281

HOME HEALTH AGENCIES--

Licensure, etc

1790

INDEX

2407

HOMESTEAD EXEMPTIONS-

See also named County or municipality

Code Title 51 amended

952

HOSPITAL AUTHORITIES-H Revenue Anticipation certificates

1140

HOSPITAL SERVICE NONPROFIT CORPORATIONS-

Directors

68

HOSPITALS^!

Advisory Council for construction and licensure abolished. .... 784

Reports of non-accidental injuries by teaching hospitals

1040

HOUSE OF REPRESENTATIVES--

Compensation of members

756

HOUSING AUTHORITIES LAW-sge i Amended, bonds

1094

HOUSTON COUNTY-

Homestead exemptions, proposed amendment

to the Constitution

2163

HUMAN RESOURCES, DEPARTMENT OF--

Aging section created

1008

--I-

ILLEGITI MATES--

Inheritance

1432

INDEMNIFICATION FOR DEATHS OF CERTAIN LAW ENFORCEMENT OFFICERS, ETC.-

Provisions for indemnifications

700

INDIAN AFFAIRS--f|i!

Commission abolished, functions transferred

346

INDUSTRIAL LOAN ACT-

Amended

509

INHERIT ANCE-

By and from illegitimates

1432

2408

INDEX

INSURANCE--

Act authorizing self insurance of State agencies amended

399

Cancellation or modification of policies

1011

Conversion privileges of certain policies

1393

Filing of rates, etc

1063

Georgia Insurance Code amended

516, 1108

Liability insurance for members of organized militia

1358

License fees, etc

1163

Medicare supplement health insurance

1266, 1418

Outpatient surgical procedures

1251

Policies covering services within scope of applied psychologists . 1249

Policies covering services within scope of chiropractors

1279

Property insurance, etc

760

Taxation of life insurance companies, proposed amendment

to the Constitution

2203

Uninsured motor vehicle insurance coverage, etc

1428

INSURANCE PREMIUM FINANCE COMPANY ACT-

Amended

505

INTANGIBLE PROPERTY--

Taxation

332

INTEREST AND USURYInterest rates Interest rates on commercial accounts Motor Vehicle Sales Finance Act amended Penalty provisions under Georgia Industrial Loan Act

511 514 523 1784

INTERROGATORIES--

Use in civil cases

938

IRWIN COUNTY-

Additional judge of superior court

680

Office of tax commissioner created, referendum

3030

JACKSON COUNTY-- Board of education, proposed amendment to the Constitution . . 2276

JAIL STANDARDS STUDY COMMISSION-

Amended

385

INDEX

2409

JASPER COUNTY-

Judge of probate court placed on salary basis

3753

Small claims court act amended

3658

JEFF DAVIS COUNTY-

Additional judge of superior court

959

JEFFERSON COUNTY-

Small claims court act amended

3465

JEFFERSONVILLE, CITY OF-

Compensation of mayor and councilmen

4192

JENKINS COUNTY^

Terms of superior court

374

JOHNSON, GEORGE H.-

Resolution authorizing exchange of land repealed

1500

JOINT BOARD OF FAMILY PRACTICE ACT--

Amended

571

JOINT EMERGENCY MEDICAL SERVICES STUDY COMMITTEE--

Created

1486

JOINT LOCAL MENTAL HEALTH AND MENTAL RETARDATION GOVERNANCE STUDY COMMITTEE--

Created

1493

JONES COUNTY-

Clerk of superior court placed on salary basis

3621

Compensation, etc. of board of commissioners

3625

Probate court clerks, etc

3628

Tax collector placed on salary basis

3613

Tax receiver placed on salary basis

3617

JORDAN, SR., JAMES C -

Compensation for damages

4563

JUDGMENTSGarnishments, etc Interest rate Judgements without jury verdicts, proposed amendment to the Constitution

1769 1118 2103

2410

INDEX

JUDGMENTS, DEFAULTProcedure, etc

........

JUSTICE COURTS TRAINING COUNCIL ACTAmended

JUSTICES OF THE PEACEDuties

JUVENILE COURT CODEAmended Amended, designated felony acts, etc.

JUVENILE COURTSJudges salaries in certain counties (180,000-190,000) Venue, proposed amendment to the Constitution
JUVENILE DETENTION CENTERS-*8B Children and Youth Act amended

833 638 441 416 1013
3600 2174 1046

KING, ALLEN D!

Compensation for damages

4552

KITE, TOWN OF-ljP

Charter amended

3505

KOSHER FOODSDefined, etc

1767

--L--

La GRANGE, CITY OF-

Elections

3323

La GRANGE, DOWNTOWN DEVELOPMENT AUTHORITY--

Amended

3034

LAKE LANIER ISLANDS DEVELOPMENT AUTHORITY ACT-

Amended

765

INDEX

2411

LAMAR COUNTY--

Compensation of board of commissioners

3593

Compensation of judge of probate court

3595

Compensation of tax commissioner

3597

LANDSCAPE ARCHITECTS--

Board of Landscape Architects Act amended

591

LAND SURVEYORS-

Compensation when settling county line disputes

1280

LANIER ISLANDS DEVELOPMENT AUTHORITY ACT-

Amended

765

LAURENS COUNTYBoard of county commissioners, referendum Compensation of judge of probate court Office of treasurer abolished, etc Small claims court act amended

3016 4275 3480 . 4265

LAURENS COUNTY, STATE COURT OF-

Abolished

3268

Salaries of judge and solicitor

3320

LAW ENFORCEMENT OFFICERS--

Indemnification for death of certain officers

700

Indemnification for deaths of certain law enforcement officers. . 1343

Indemnification, proposed amendment to the Constitution 2166

Witness fees

439

LEGISLATIVE ADVISORY COMMITTEES--

Created in certain counties (170,000-190,000)

4281

LEGISLATIVE COUNSEL-

Secretary of.State to furnish laws

644

LEGISLATIVE RETIREMENT SYSTEM ACT-H Amended

611, 925

LENOX, TOWN OF--

Elections

3860

LESLIE, CITY OF-;

Appeals from municipal court

4244

2412

INDEX

LIBERTY COUNTY Salary supplements for judges of superior court and district attorney

1222

LIBERTY COUNTY INDUSTRIAL AUTHORITY--

Members, etc., proposed amendment to the Constitution

2221

LIBRARIANS, STATE BOARD FOR CERTIFICATIONAct amended Members

489 1075

LICENSE FEES-

Date of payment when due date falls on Saturday, Sunday

or legal holiday

712

LILBURN, CITY OFNew charter

3164

LILLY, CITY OF-

Elections, etc

3970

LIVESTOCK DEALERS-

Licensing act repealed

1107

LOCAL GOVERNMENT FINANCIAL MANAGEMENT STANDARDS-

Enacted

. 1738

LOCAL GOVERNMENT INVESTMENT POOL ACTEnacted

1715

LOCAL OPTION SALES AND USE TAX ACTA mended

1764

LOITERING AND PROWLING-

Crime defined, etc

388

LONG COUNTYSalary supplements forjudges of superior court and district attorney Small claims court created Tax commissioner's compensation

1222 4110 3579

LONG-TERM CARE FACILITY RESIDENT ABUSE REPORTING ACT-

Enacted

1261

INDEX

2413

LOOKOUT MOUNTAIN JUDICIAL CIRCUITDistrict attorney's clerical assistance

1179

LOUISVILLE & NASHVILLE RAILROAD COMPANY-^ Easement authorized

1489

LOWNDES COUNTY -

Compensation of board of commissioners

3567

Homestead exemptions, proposed amendment

to the Constitution

2207

Jurisdiction of justices of the peace, proposed amendment

to the Constitution

2160

LUDOWICI, CITY OF-

Charter amended

3667

LUMPKIN COUNTY-

Small claims court created

3815

Salaries of official court reporters

369

LYONS, CITY OF-

See also Tabular Index--Municipalities--Home Rule Amendments.

Vacancies on city council

3499

--M--

MACON-BIBB COUNTY TRANSIT AUTHORITY ACT OF 1980-

Enacted

4313

MACON-BIBB COUNTY URBAN DEVELOPMENT AUTHORITY--

Bonds, proposed amendment to the Constitution

2128

MACON-BIBB COUNTY WATER AND SEWERAGE AUTHORITY-

1974 Act reenacted Amended

3150 4004

MACON, CITY OF-

Ad valorem taxation, proposed amendment to the Constitution . 2092

Conveyance of land located in city of Macon authorized

803

Taxation

4311

MADISON, CITY OF-

Mayor's court. . . . ,

4296

2414

INDEX

MADISON COUNTYCompensation of chairman of board of commissioners Compensation of coroner Salary, etc. of additional judge of superior court Terms of superior court

3559 3562 1232 364

MALT BEVERAGES-

Sale by the drink on Sundays in certain counties

(200,000-600,000) (350,000-550,000)

3661

MANCHESTER, CITY OF-

Corporate limits

3564

MAPS, PLATS, ETC.--

Recording by superior court clerks

826

MARIETTA, CITY OF-

See also Tabular Index--Municipalities--Home Rule Amendments.

Cobb County--Marietta Water Authority bonds Corporate limits Homestead exemptions, proposed amendment
to the Constitution

3265 4350 2123

MARIETTA, COBB, COLISEUM AND EXHIBIT HALL AUTHORITY--

Created

4091

MARIETTA, DOWNTOWN DEVELOPMENT AUTHORITY ACT--

Amended

3866

MARIJUANA--

Criminal investigation warrants

326

MARION COUNTY-

Homestead exemptions, proposed amendment

to the Constitution

.2338

MARRIAGE LICENSES-

Notification of parents in certain circumstances

438

MARTIN, TOWN OF-

New charter

3215

MCDUFFIE COUNTY-

Compensation of board of commissioners

3259

Compensation of coroner

3262

INDEX

2415

McIntyre, town of-

Elections, etc

3932

MCINTOSH COUNTY-

Board of education, referendum

3112

Salary supplements for judges of superior court

and district attorney

1222

MECHANIC LIENS--

Aircraft

.

831

MEDICAL PRACTITIONERS--

Annual renewal of provisional licenses

321

Licensing of aliens, discipline of physicians

3

MENTALLY RETARDED PERSONS-

Habilitation

1160

MERIWETHER COUNTY

Additional judge of superior court

1447

Conveyance of land in Meriwether County authorized

815

METROPOLITAN AREA PLANNING AND DEVELOPMENT COMMISSION ACT OF 1971 --

Amended

366

METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY ACT OF 1965--

Amended

3831,4333

METROPOLITAN ATLANTA RAPID TRANSIT OVERVIEW COMMITTEE--

Amended

790

MICROFORMS-- Georgia Microforms Act. . . . .

... 519

MILEAGE ALLOWANCE FOR STATE TRAVEL-

. State employees

350

MILITARY FORCES REORGANIZATION ACT OF 1955-

Amended

589

Amended, liability of members

824

2416

INDEX

MILITARY SCHOLARSHIP ACTEnacted
MILLEDGEVILLE, CITY OFBudgets, etc
MILLER COUNTYTax commissioner's compensation
MINORS-- Prohibited from certain businesses in certain counties (350,000-500,000)
MITCHELL COUNTYClerk of superior court placed on salary basis Coroner placed on salary basis Probate Court judge placed on salary basis Tax commissioner placed on salary basis
MONROE COUNTYHomestead exemptions, proposed amendment to the Constitution
MORGAN, JOEL NATHANIEL-- National Guard Armory designated
MORTGAGESEffect of "open-end" mortgages limited
MOTOR COMMON CARRIERS *' ' Public service commission, fees, etc Rates, etc Temporary emergency authority
MOTOR CONTRACT CARRIERS-H Public Service Commission, fees, etc Temporary permits
MOTOR FUEL TAXES-H Congress urged to designate any increase to States
MOTOR VEHICLE CERTIFICATE OF TITLE ACTAmended Amended, reports of county tag agents

1292 3649 3038
3161 4085 4290 4088 3716
2216 789
1550, 1765 618
1119 475 616 479
1201 507
1038

INDEX

2417

MOTOR VEHICLE SALES FINANCE ACT--

Amended

523

MOTOR VEHICLES-- Abstracts of driving records Certificate of title Act amended Duty upon striking unattended vehicle Handicapped parking law Licensing of vehicles over 24,000 pounds License plates of State and subdivision owned vehicles Operation in violation of Code section 68-201 Removal of abandoned motor vehicles Suspension, etc. of operators' licenses Uninsured motor vehicle insurance coverage, etc

917 518 1059 1334 1050 357 746 995 691 1428

MOULTRIE, CITY OF-pW

Civil service system, etc

4301

MUNICIPAL COURTS--

See also named county or municipality.

Jurisdiction, proposed amendment to the Constitution

2026

MUNICIPAL ELECTION CODE-

A mended

314

Special elections

684

MUNICIPAL ELECTIONS^H

Deputy registrars, etc

1005

MUNICIPAL ELECTRIC AUTHORITY OF GEORGIA-- Tax exemption repealed
MUNICIPAL PENSION SYSTEMS Amended as to certain municipalities (more than 300,000)
MUNICIPALITIES- See also named municipality. Annexation in certain counties (200,000-500,000) (350,000-500,000) Delegation of authority to approve certain claims Levy of employment taxes limited Meritorious service, etc. awards to employees, proposed amendment to the Constitution Redevelopment powers, proposed amendment to the Constitution Taxation of businesses, etc

1128
3691,3852
4357 463 1298 2105 2089 1175

2418

INDEX

MURRAY COUNTYCoroner placed on salary basis Homestead exemptions, proposed amendment to the Constitution Jurisdiction of justices of the peace, proposed amendment to the Constitution

3041 2050 2173

MURRAY COUNTY WATER AND SEWER AUTHORITY ACT--;

Enacted

3447

MUSCOGEE COUNTYSee also Columbus, Georgia. Compensation of clerk of superior court Compensation of tax commissioner Homestead exemptions, proposed Constitution Salary of judge of Municipal Court

. ^ amendment

3248 3250 to the 2009 4241

MUSCOGEE COUNTY, STATE COURT OF--

Compensation of judge, solicitor, etc

4327

MUSEUM OF AGRICULTURE--

Designated

788

MYERS, HENRY TIFT, AIR MUSEUM AUTHORITY--

Created

3981

NAHUNTA, CITY OF--

New charter

4012

NATURAL RESOURCES, DEPARTMENT OF--

See also Game and Fish.

Authority to acquire part of Sapelo Island

359

Disposition of property

587

State park fund abolished, etc

324

Transfer of functions of Franklin D. Roosevelt Warm

Springs Memorial Commission

593

Use of funds, bag limits on deer

95

NEWINGTON, TOWN OF--**

Elections

4232

INDEX

2419

NEWNAN, CITY OF-- See Tabular Index--Municipalities--Home Rule Amendments.

NEWTON COUNTY-- Board of education Compensation of judges of superior court Homestead exemptions, proposed amendment to the Constituiton Jurisdiction of small claims court

3473 498 2171,2187 3470

NORCROSS, CITY OF--

Corporate limits

4187

NORTHEASTERN JUDICIAL CIRCUIT-

Terms

369

NORTHERN JUDICIAL CIRCUIT-^

Salary, etc. of additional judge

1232

Terms

364

NUISANCES--

Agricultural or farming procedures

1253

Manner of abatement, etc

620

NURSES, STATE BOARD OF LICENSED PRACTICAL--

Members

58

NURSING HOMES-

State Board of Nursing Homes Act amended

536

-O-

OAK PARK, TOWN OF-

Charter amended

3426

OAKWOOD, CITY OFSee Tabular Index--Municipalities--Home Rule Amendments.

OCCUPATIONAL THERAPY, STATE BOARD OF-

Members

61

OCONEE COUNTY-

Board of county commissioners

3757

2420

INDEX

OCONEE COUNTY PUBLIC UTILITY AUTHORITY ACT-

Enacted

3429

OFFENDER REHABILITATION ACT-- ^

Correctional Industries Act Amended

. .

731

Habitual offenders, etc. . . .

2002

Notice of escapes to Board of Pardons and Paroles

393

Supplementary appropriation

7

OGEECHEE JUDICIAL CIRCUIT-

Terms

374

OGLETHORPE COUNTY-

Board of education

3907

Salary, etc. of additional judge of superior court

1232

Terms of superior court

364

OGLETHORPE POWER CORPORATION-H

Corrective easement

1194

OPEN-END MORTGAGESEffect limited

1550, 1765

OPEN MEETING ACT-

Amended, recorded votes

595

OPTICIANS, STATE BOARD OF-

Examinations, fees, etc

1101

OPTOMETRISTS-H

Board members; uses of pharmaceutical agents for

diagnostic purposes

47

ORGANIZED CRIME PREVENTION COUNCIL--

Created .

396

ORGANIZED MILITIAl^K Liability insurance for members

1358

--P-

PARDONS AND PAROLES, BOARD OF-

Earned time to parolees

402

INDEX

2421

Notification by Department of Offender Rehabilitation

of escapes

393

Parole guidelines

404

PARENT AND CHILD-- Paternity suits, etc Visitation rights, etc. of grandparents

1374 936

PARKING FACILITIES--

Code of Public Transportation amended

773

PARKING FEESDeduction of fees from State employees wages

1049

PARKS-

Great Parks Authority created

328

PATERNITY SUITS-

Procedure, etc

1374

PATTERSON, STONEWALL JACKSON, MEMORIAL BRIDGE--

Designated

3604

PAULDING COUNTY-

Civil Service System Act

3119

Compensation of clerk of superior court

4461

Fire prevention districts

4463

Homestead exemptions, proposed amendment

to the Constitution

2312

PAUPERS-

Funds for burial of paupers

722

PEACE OFFICER STANDARDS AND TRAINING ACT-Uft

Amended, police chaplains

1127

Amended, radar operators

979

PEACE OFFICERS' ANNUITY AND BENEFIT FUND ACT-

Amended

1121

PEACHTREE CITY, CITY OFSee Tabular Index--Municipalities--Home Rule Amendments.

PELHAM, CITY OFElections, etc., referendum

3914

2422

INDEX

PERRY, CITY OF-4*fj| Homestead exemptions, proposed amendment to the Constitution
PESTICIDE CONTROL ACT OF 1976Amended, violations, etc
PESTICIDE USE AND APPLICATION ACT OF 1976Amended, license fees, etc
PHARMACEUTICAL AGENTS-H Use by optometrists for diagnostic purposes
PHARMACIES-- Third-party Prescription Program Act
PHARMACY, BOARD OF^B Act amended
PHYSICAL THERAPY, STATE BOARD OFAct amended Members
PHYSICANS4, v Annual renewal of provisional licenses Joint Board of Family Practice Act amended Licensing of aliens, discipline of physicians Reports of child abuse
PIKE COUNTY-- Small Claims Court Act amended
PILOTAGE, BOARDS OF COMMISSIONERSNumber of pilots for Port of Savannah
PLAINS, CITY OFCharter amended
PLATSCounty line surveys Recording by superior court clerks
PLANT FOOD ACT OF 1970-- Amended

2151 747 749 47
1761 1746 1053
53 321 571
3 921 4419 1355 4402 1178 826 1150

INDEX

2423

PLUMLEY, JANICE T.--

Compensation for damages, etc

4562

POLICE CHAPLAINS-- Georgia Peace Officer Standards and Training Act amended ... 1127

POLICE DEPARTMENTS-

Pension system amended for members of police departments

of certain cities (300,000 or more)

3205, 3208

POLK COUNTY--

Coroner's compensation, deputy coroner, etc

4469

Small claims court created

4472

POLK COUNTY, STATE COURT OF-

Judge's compensation

4580

POLYGRAPH EXAMINERS, STATE BOARD OF--

Members

57

POOLER, TOWN OF-

Corporate limits

3131

PORT OF SAVANNAH-- TM

Number of pilots

1355

PORT WENTWORTH, CITY OF-, ^

Ordinances

4226

Taxation

4230

POWDER SPRINGS, CITY OF-

Corporate limits, etc

3640

POWDER SPRINGS DOWNTOWN DEVELOPMENT AUTHORITY--

Created, proposed amendment to the Constitution

2035

PRACTICAL NURSES, STATE BOARD OF-

Members

58

PRACTICE AND PROCEDURE-

Alternate form of service of process

1124

Attachment

1065

Civil Practice Act amended, forms

649

Default judgments

833

2424

INDEX

Foreclosure procedure on personal property

822

Interest rate on judgments

1118

Judgments without jury verdicts, proposed amendment to the

Constitution

2103

Garnishment

1769

Mechanic liens on aircraft

831

Paternity suits, etc

1374

Recovery in wrongful death actions

1154

Use of interrogations

938

Visitation rights of grandparents

936

PRESIDENTIAL PREFERENCE PRIMARY--

Names of candidates

5

PRISON GUARDSIndemnification, proposed amendment to the Constitution

2166

PROBATE COURTS-
See also named county.
Clerks in certain counties (73,000-89,000) Judges' retirement system Judges' salaries Judges'salaries in certain counties (145,000-165,000) Judges' salaries in certain counties (180,000-190,000) Marriage licenses, duty to notify parents in
certain circumstances

365 1346
551 3723 3600
438

PROBATION-- Statewode Probation Act amended

1136

PROBATION ADVISORY COUNCIL-

Created

400

PROFESSIONAL ENGINEERS-- '

Board of registration Act amended, members

968

PROFESSIONAL FUND RAISING-- )S |

Eleemosynary institutions

335

PROFESSIONAL TEACHING PRACTICES ACT^H Enacted

1214

PROPERTY-- .

Tenancy in common defined, etc |

753

INDEX

2425

PROPERTY, PERSONAL-

Foreclosure procedure

822

PSYCHOLOGISTS, STATE BOARD OF EXAMINERS-- Act amended Members

1336 62

PUBLIC ACCOMMODATIONS

Rights of blind, visually handicapped and deaf persons

1131

PUBLIC ACCOUNTANCY ACT OF 1977--ud

Amended, inactive status licenses

1543

PUBLIC DEBT-

General obligation debt for education facilities, proposed

amendment to the Constitution

2032

PUBLIC FUNDS-

Deposits

969

Local Government Investment Pool Act

1715

PUBLIC FUNDS FOR CHARITABLE PURPOSES-

Contributions of public funds in certain counties

(550,000 or more)

3406

PUBLIC HEALTH-

Notice of petitions, release of certain individuals Registration of spinal-cord disabled persons ....

678 1245

PUBLIC: MKKTINGS-jJ

1972 Act amended

1254

PUBLIC NOTICE--

Study by Secretary of State of procedure

1197

PUBLIC OFFICERS RECALL ACT--

Amended

1436

PUBLIC REVENUE-

Ad valorem exemptions in certain counties (600,000 or

more), proposed amendment to the Constitution

^09

Ad valorem Ad valorem

taxation taxation

in of

certain counties public utilities

(145,000-165,000)...

35 *'

Ad valorem tax due dates in certain counties (350,000-600,000) 7

2426

INDEX

Alcoholic Beverage Code

1573

Classes of tangible property, proposed amendment

to the Constitution

2027

Collection of debts to State, etc

1555

Date of payment when due date falls on Saturday, Sunday or

legal holiday

712

Estimated income tax by individuals

459

Homestead exemptions for elderly residents, proposed amendment

to the Constitution

*.2114

Intangible personal property taxation

332

Interest on taxes, etc

1759

Local Option Sales and Use Tax Act amended

1764

Municipal taxation of businesses, etc.

1175

Paper stock exemption from sales and use tajees- . .

805

Public Revenue Code, amended

10

Public Revenue Code amended

1390

Revenue Code amended

436

Review of assessments by county board of equalization ....... 1722

Sales and use tax exemption, blood banks .

1188

Sales and use tax on sales of motor vehicles to nonresidents

586

Taxation of certain deeds

491

Taxation of life insurance companies, proposed amendment

to the Constitution

2203

Taxation of railroad equipment companies

1735

Tax deferral for the elderly

1707

Unlawful conversion of tax proceeds

834

PUBLIC SAFETY, DEPARTMENT OF-

Abstracts of driving records

917

Arrest powers of G.B.I. agents

420

PUBLIC SAFETY TRAINING CENTER ACT-H

Enacted

429

PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM ACT--

Amended

1787

PUBLIC SERVICE COMMISSION-

Employment of experts within state government

675

Employment of full time state employees to assist commission . . 1004

Motor common carrier rates

1119

Motor common carriers

479, 618

Motor contract carriers

479, 616

PUBLIC TRANSPORTATION, CODE OF

Amended

1017

Amended, parking facilities

773

Amended, trailers, etc

576

Leases of property, etc

775

INDEX
PUBLIC TELECOMMUNICATIONS TASK FORCE-- Created
PUBLIC UTILITIES-- Ad valorem taxation
PULASKI COUNTYSmall claims court
PULASKI COUNTY-HAWKINSVILLE DEVELOPMENT AUTHORITY ACTAmended

2427 956
1736 3075 3905

--R--

RABUN COUNTY-

Compensation of clerk of superior court

3329

Small claims court created

3742

RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS ACT-

Enacted

405

RADAR OPERATORSGeorgia Peace Officer Standards and Training Act amended . 979

RAILROAD EQUIPMENT COMPANIES-
Taxation
RANDOLPH COUNTYri)?f Small Claims Court Act amended

1735 3963

REAL ESTATE-

Act regulating transactions amended

535

REAL ESTATE BROKERS AND SALESMEN-

Act amended

1398

REALPROPERTYEffect of "open-end" mortgages limited Tenancy in common, etc Transfer of deeds to secure debt

1550 753 gyc

2428

INDEX

RECALL ELECTIONS-* Public Officers Recall Act amended

1436

RECREATION EXAMINERS ACT-- Amended Members
REGISTERED PROFESSIONAL SANITARIANS^! Board members

1511 60 49

REMERTON, CITY Of9|

Taxation

3211

REPUBLIC OF CHINA-H

Privileges, etc. of coordination council for North America Affairs

of the Republic of China

46

RESIDENTIAL CARE FACILITIES FOR ELDERLY AUTHORITIES ACT-

Enacted

. . . .

1466

RESIDENTIAL FINANCE AUTHORITY ACTAmended

1269

RESIDENTIAL FINANCIAL AUTHORITY ACT-

Amended, bonds, etc

351

REVENUE-H

Ad valorem exemptions in certain counties (600,000 or more),

proposed amendment to the Constitution

2094

Ad valorem taxation of public utilities

1736

Ad valorem tax due dates in certain counties (350,000--600,000)... 710

Alcoholic Beverage Code

1573

Collection of debts to state, etc

1555

Date of payment for taxes, etc. when due date falls on Saturday,

Sunday or legal holiday

712

Estimated income tax by individuals

459

Exemption from sales and use taxes

805

Homestead exemptions for elderly residents, proposed amendment

to the Constitution .

2114

Intangible personal property taxation

332

Interest on taxes, etc

1759

Local Option Sales and Use Tax Act amended

1764

Municipal taxation of businesses . .

1175

Public Revenue Code, amended

10, 436>,J39()

Review of assessments by county board of equalization

1722

Sales and use tax exemptions, blood banks

1188

INDEX

2429

Sales and use tax on sales of motor vehicles to nonresidents Tangible property, proposed amendment to the Constitution Taxation of certa in deeds Taxation of life insurance companies, proposed amendment
to the Constitution Taxation of railroad equipment companies Tax deferral for the elderly Unlawful conversion of tax proceeds
REVENUE BOND LAW-- * Revenue defined
REVENUE DEPARTMENT-- Notices, resale of alcoholic beverages

586 2027 491 2203 1735 1707 834
709
1174

RICHMOND COUNTYSee also Tabular Index--County Matters--Home Rule Actions.

Ad valorem taxation, proposed amendment to the Constitution .2162

Ad valorem taxation, proposed amendment to the Constitution .2177

Board of education, referendum

3841

Homestead exemptions, proposed amendment

to the Constitution

2190

Opening of bids, etc

3695

Removal of school superintendent

3257

RICHMOND COUNTY, CIVIL COURT OF-

Costs, sales, etc

3533

RICHMOND HILL, CITY OF-,fo\\

Elections, etc

3911

RINGGOLD, CITY OF-H

Charter amended

3880

ROCKDALE COUNTYSee also Tabular Index--County Matters--Home Rule Actions.

Compensation, etc. of board of commissioners

3496

Compensation, etc. of clerk of superior court

3484

Compensation, etc. of coroner

3490

Compensation, etc. of probate court judge

3482

Compensation, etc. of sheriff

3494

Compensation, etc. of tax commissioner

3492

Magistrates court act amended

3486

2430

INDEX

ROCKDALE COUNTY PUBLIC FACILITIES AUTHORITY--

Created, proposed amendment to the Constitution

2232

ROCKMART, CITY OF-

Charter amended

4483

ROME-FLOYD COUNTY DEVELOPMENT AUTHORITY ACT-

Amended

3060

ROME JUDICIAL CIRCUIT--

Additional judge

782

ROOSEVELT, FRANKLIN D.-

Transfer of functions of Franklin D. Roosevelt Warm

Springs Memorial Commission

593

ROWLAND, GRATTAN W.--

Exchange of land authorized

3990

--S--

SAFE BOATING-H

Georgia Boat Safety Act amended

738

SAFE DAMS ACT OF 1978--

Amended

922

ST. MARYS, CITY OF-- V

See also Tabular Index--Municipalities-- Home Rule Amendments.

Homestead exemptions, proposed amendment

to the Constitution

2260

ST. MARYS HOSPITAL AUTHORITY, CITY OF-

Member, proposed amendment to the Constitution

2150

SALES AND USE TAXSee also Public Revenue.

Exemptions, blood banks

1188

Local Option Sales and Use Tax Act amended

1764

Paper stock exemption

805

SALES FINANCE ACT-

Motor Vehicle Sales Finance Act amended

523

INDEX

2431

SANITARIANS, STATE BOARD OF REGISTERED PROFESSIONAL-

Act amended Board members

1459 49

SAPELO ISLAND--

Authority of Department of Natural Resources to acquire a

part of Sapelo Island

359

SAVANNAH, CITY OFrjffl

Consolidation votes with Chatham County, proposed

amendment to the Constitution

2158

SAVANNAH PORT AUTHORITY--'

Definitions, etc

380

SCHOOL BUS DRIVERS--

Sick leave

2001

SCREVEN COUNTY-

Terms of superior court

374

SECRETARY OF STATE-

Copies of laws to Legislative Counsel

644

Employment of compiler of Georgia Laws

88

Study of public notice procedure

1197

SECURED TRANSACTIONS--

Uniform Commercial Code amended

443

SEED DEVELOPMENT ACT-

Amended

348

SENATE-

Compensation of members

756

SHERIFFS--

Acts providing for extra compensation repealed

640

Bonds

495

Liability for misconduct of jailers

493

Oaths of deputy sheriffs .

527

Salaries

550

Salaries in certain counties (145,000--165,000)

3723

Salaries in certain counties (180,000-- 190,000)

3600

2432

INDEX

SHERIFFS' RETIREMENT FUND OF GEORGIA ACTAmended Benefits
SHOEMAKER, CARL E.-H Compensation for damages
SILVER-HAIRED LEGISLATURE-- Created
SIMMONS, JOHNNY E.HB Compensation for damages
SMALL CLAIMS COURTS-- Act amended as to certain counties (31,700--32,000) (33,300--34,056) Act creating small claims courts in certain counties amended (13,635--14,765) Created in certain counties (32,300--32,700)
SMITH, CLIFFORD W Land conveyance authorized
SMITH, GEO. L., WORLD CONGRESS CENTER-| Executive board Security guards
SMITH, HONORABLE GEORGE T.-9 Portrait
SMITH, LEON^B Leon Smith Bridge designated
SMITH, W. B,, MEMORIAL BRIDGE,.Designated
SNELLVILLE, TOWN OFRecorder's court
SOIL CLASSIFIERS, BOARD FOR REGISTRATION-H Termination date
SOUTHERN GROWTH POLICIES AGREEMENT ACDsa rti Amended

461 768 4559 807 4549
4285 3194 . 4045 1484 1176 1043 1503 4544 3606 3994 1061 473

INDEX

2433

SPALDING COUNTYSmall claims court fees, etc
SPALDING COUNTY, STATE COURT OFTerms, juries, etc
SPARTAN RADIOCASTING COMPANY-- Lease of real estate authorized
SPINAL-CORD DISABLED PERSONSRegistration
STATE AGENCIES Self Insurance Act amended
STATE AGENCY MAILING LISTS-- Annual revision
STATE ALCOHOLISM ADVISORY COUNCIL ACT-- Amended
STATE BOARD FOR CERTIFICATION OF LIBRARIANS Act amended Members
STATE BOARD OF CORRECTIONSFunds to counties Habitual offenders, etc Possession of currency, etc. by convicts
STATE BOARD OF COSMETOLOGY-- Membership, termination date, etc
STATE BOARD OF DISPENSING OPTICIANSExaminations, fees, etc
STATE BOARD OF EDUCATION-- Schools for deaf and blind
STATE BOARD OF EXAMINERS OF PSYCHOLOGISTSAct amended
STATE BOARD OF NURSING HOMES ACTA mended 77

3475 3048 1490 1245 399 526 566 489 1075 470 2002 1095 1420 1101 645 1337 536

2434

INDEX

STATE BOARD OF PHYSICAL THERAPY-

Act amended

1053

STATE BOARD OF REGISTERED PROFESSIONAL SANITARIANS-^ S-

Act amended Board members

1459 49

STATE BOARD OF REGISTRATION FOR PROFESSIONAL SOIL CLASSIFIERS-

Termination date

1061

STATE BOARD OF REGISTRATION OF USED CAR DEALERS-

Act amended

707

STATE BUILDING ADMINISTRATIVE BOARDTransfer of functions, etc

1316

STATE COURTSSee also name of State Court.

Salaries of judges and solicitors in certain

counties (145,000--165,000)

3723

Salaries of judges and solicitors in certain

counties (180,000-- 190,000)

3600

Service by judges in other state courts

600

STATE DEPARTMENT OF COMMUNITY AFFAIRS-- Duties, etc

1316

STATE DEPOSITORY BOARD ACT-

Amended

763

STATE EMPLOYEES-

Certain employees exempted from self dealing prohibition

Deduction of parking fees and van pool fees from wages

Health insurance for retired employees

Health insurance plan amended

Mileage allowance for state travel

,

675 . 1049
9 94 350

STATE EMPLOYEES' HEALTH INSURANCE--

Dental coverage, vision care, etc

966

Health maintenance organizations

965

STATE EXAMINING BOARDSAppointments by the Governor

1162

INDEX

2435

STATE FORESTRY COMMISSION-

Sale of seedlings, etc

561

STATE INVESTMENTS--

Authority of state agencies

303

STATE PERSONNEL BOARD-- Health insurance for public school employees

1538, 1541

STATE PROPERTIES COMMISSION-

Land conveyances in Fulton, Bartow, Gordon, Whitfield

and Catoosa counties

1495

STATE PROPERTY-

Purchase, transfer, etc

90

STEPHENS COUNTY-

Small Claims Court

3063

STILLMORE, CITY OF--

Elections

4270

STRUCTURAL PEST CONTROL ACT--

Termination date

1446

STUDENT FINANCE AUTHORITY ACT-

Enacted

835

STUDENT FINANCE COMMISSION ACT-

Enacted

835

STATEWIDE PROBATION ACT-

Amended

1136

SUBDIVISIONS OF STATE-

Transactions with employees

733

SUBPOENAS-

Witness fees, etc

70

SUMTER COUNTY-

Compensation of employees of clerk of courts

3384

Compensation of tax commissioner

3386

2436

INDEX

Land conveyance

\

1192

Small claims court act amended

3380

SUMTER COUNTY, STATE COURT OF-

Compensation of judge and solicitor

4247

SUPERIOR COURT CLERKSSee also named county.

Salaries

553

Salaries in certain counties (145,000--165,000). . . .

3723

Fees for attendance upon the courts

1045

SUPERIOR COURTS CLERKS'RETIREMENT SYSTEM ACT-

Amended

1547

SUPERIOR COURT JUDGES-

Expenses of judge attending educational programs

596

Law clerks

455

Service by senior judges while nonresidents

458

SUPPLEMENTAL APPROPRIATIONS ACT-H

Enacted

98

Offender rehabilitation

7

SYLVESTER, CITY OfHN

Homestead exemptions, proposed amendment

to the Constitution

2268

M-tHI

TALBOT COUNTY-M

Deputy sheriffs

3423

TANGIBLE PROPERTY-

Classifications, proposed amendment to the Constitution

2027

TATTNALL COUNTY-

Salary supplements forjudges of superior court and

district attorney

1222

TAX ASSESSMENTS-H Review by county board of equalization

1722

TAX ASSESSORS-

Removal from office

771

INDEX

TAX COLLECTORSFees in certain counties (190,000--300,000) Salaries

TAX COMMISSIONERS-- Fees in certain counties (190,000--300,000) Salaries

TAYLOR COUNTY^ Coroner's compensation Homestead exemptions, proposed amendment to the Constitution

TEACHERSHealth insurance plan for public school teachers

TEACHERS, CERTIFIED-^ Program, proposed amendment to the Constitution

TEACHERS' RETIREMENT SYSTEM ACT-
Amended Amended, minimum retirement benefits

TELECOMMUNICATION'S TASK FORCE--

Created

i .

TELEPHONE SERVICE "911" EMERGENCY SERVICE ACT OF 1977-- Amended

TELFAIR COUNTYSalary, etc. of county commissioner Salary of clerk of superior court Salary of judge of probate court Salary of tax commissioner

TENANCY IN COMMONDefined, etc

TENNILE, CITY OFCorporate limits

THIRD-PARTY PRESCRIPTION PROGRAM ACTEnacted

2437
367 547 367 547 4455 2205 963 2033 828, 1783 1562 956
699 3633 3631 3635 . 3637 753 4307 1761

2438

INDEX

THOMAS COUNTY-

1979 proposed amendment to the Constitution repealed

2052

THOMAS COUNTY, STATE COURT OF-

Salaries, practice and procedure

4278

THOMAS, JR., TOM W.-

Compensation for damages

4558

THOMASTON, CITY OF, BUSINESS DEVELOPMENT AUTHORITY--

Created, proposed amendment to the Constitution

2286

THOMASVILLE, CITY OF-g| See Tabular Index--Municipalities--Home Rule Amendments.

THUNDERBOLT, TOWN OF-

Corporate limits, referendum

3653

THURMOND, CHARLES J.-

Land conveyance in Hall County

791

TIFT COUNTY-

Additional judge of superior court

680

TIFT COUNTY DEVELOPMENT AUTHORITY--

Land conveyance

794

TIFT COUNTY TRADE CENTER AUTHORITY ACT-

Enacted

4520

TIPTON JUDICIAL CIRCUIT-

Additional judge

680

TODD, RICHARD ALLEN-

Compensation for damages

4557

TORTSFood donations to nonprofit organizations Liability of firemen Recovery in wrongful death actions Removal of civil liability when equipment is provided at no cost during an emergency

69 1173 1154 1048

INDEX

2439

TOWNS COUNTY-

Georgia Mountain Fair Authority

3134

Industrial Development Authority abolished

3133

Taxes for education, proposed amendment to the Constitution . . 2029

Use of funds by board of education, proposal amendment

to the Constitution

2168

TRANSIENT MERCHANT ACT OF GEORGIA--

Enacted

581

TRANSPORTATION, DEPARTMENT OF--

Criminal prosecutions involving property of department

590

TRENTON, CITY OF--

Municipal court, etc

4361

TRIAL JUDGES AND SOLICITORS RETIREMENT FUND ACT--

Amended

1361

TRION, TOWN OFHomestead exemptions, proposed amendment to the Constitution

2198

TROUP COUNTYAdditional judge of superior court Compensation of board of commissioners Compensation of named county officers Coroner's salary Small claims court judges' salary

1447 3530 3372 3367 3369

TROUP COUNTY, STATE COURT OF--

Compensation of judge and solicitor

3376

TRUSTS, DEEDS OF-

Domestic corporations

472

TURNER COUNTY-- Additional judge of superior court Compensation of board of commissioners Homestead exemptions, proposed amendment to the Constitution Named officials placed on salary basis

680 4235 2307 4237

TWIGGS COUNTY-

Homestead exemptions, proposed amendment

to the Constitution

2180

2440

INDEX

BUS

UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS--

Amended, duty upon striking unattended vehicle

1059

UNIFORM COMMERCIAL CODESecured transactions

443, 1134

UNION CITY, CITY OF-iS

Homestead exemptions, proposed amendment

to the Constitution

2271

UNION COUNTY HOSPITAL AUTHORITY-H

Vacancies

3557

UPSON COUNTYCompensation of judge of probate court Fire protection districts School superintendent, referendum

3590 4127 3027

URBAN DEVELOPMENT LAW--

Amended

1352

URBAN RESIDENTIAL FINANCE AUTHORITIES ACT FOR LARGE MUNICIPALITIES-

Amended

556

USED CAR DEALERS' REGISTRATION ACTAmended

707, 1286

USURY-9 Interest rates Interest rates on commercial accounts Motor Vehicle Sales Finance Act amended Penalty provisions under Georgia Industrial Loan Act --vjte

511 514 523 ,1784

VALDOSTA, CITY OF^,,

Homestead exemptions, proposed amendment

to the Constitution

2273

VAN POOL FEESDeduction of fees from state employees wages

1049

INDEX
VERDICTS-- Judgments without jury verdicts, proposed amendment to the Constitution
VETERINARY MEDICINE, STATE BOARD OF- ' Members
VICTORY TEMPLELand conveyance authorized
VISUALLY HANDICAPPED PERSONS-- Rights

2441
2103 64
1506 1131

--W-U

WALKER COUNTYClerk of superior court Compensation of probate court personnel District attorney's clerical assistance

3903 3939 1179

WALKER COUNTY RURAL WATER AND SEWER AUTHORITY ACT-

Amended

4075

WALKER COUNTY, STATE COURT OF-H

Juries, procedure, etc

3102

WALKER COUNTY WATER AND SEWERAGE AUTHORITY ACT--

Amended

4071

WALLIS, H. W,, ESTATE OF-

Land conveyance in Hall County

791

WALTON COUNTY--

Compensation of judges of superior court

498

Superior court terms

362

WARECOUNTY-

Homestead exemptions, proposed amendment

to the Constitution

2299

WAREHOUSES, BONDED-

Code Chapter 111-1 repealed

639

2442

INDEX

WARM SPRINGS FOUNDATION--

Land conveyance authorized

815

WARM SPRINGS MEMORIAL COMMISSION-H

Transfer of functions

593

WARNER ROBINS, CITY OFSee Tabular Index--Municipalities--Home Rule Amendments.

Municipal court fines

4189

WASHINGTON COUNTY-H

Compensation of sheriff's secretaries

3508

WATER--

Fluoridation of potable water supplies in certain counties (100,000--160,000)

;

4343

WATER AND WASTEWATER TREATMENT PLANT OPERATORS ACT-

Amended

304

Members

63

WATER WELL STANDARDS ADVISORY COUNCIL--

Members

52

WAYCROSS, CITY OF--

Homestead exemptions, proposed amendment

to the Constitution

2301

WAYCROSS PUBLIC FACILITIES AUTHORITY ACT- *

Enacted

4502

WAYNE COUNTY-

Additional judge of superior court

959

Compensation, etc. of clerk of superior court

3805

Homestead exemptions, proposed amendment

to the Constitution

2109

WESTERN JUDICIAL CIRCUIT-

Terms

355

WHITE COUNTY--

Homestead exemptions, proposed amendment

to the Constitution

2252

Salaries of official court reporters

369

INDEX

2443

WHITFIELD COUNTY-

See also Tabular Index--County Matters--Home Rule Actions. -

Compensation of clerk of superior court and probate judge .... 3058

Deputy coroner

3698

WILCOX COUNTY- 1

Additional judge of superior court

1212

Terms of superior court

687

WILLACOOCHEE, CITY OF-

Charter amended

3941

WINES--

Control and taxation within boundaries of airports

501

Manufacture and sale regulated

1561

Sale by the drink on Sundays in certain counties

(200,000--600,000) (350,000--550,000)

3661

WISSING, DONALD R.-

Compensation for damages

4548

WITNESSES--

Fees, etc

70

WORKERS* COMPENSATION ACT-

Amended, group self insurance

1686

Employer defined, etc

1145

WORLD CONGRESS CENTERExecutive Board Security guards

1176 1043

WORTH COUNTY-

Additional judge of superior court

680

Homestead exemptions, proposed amendment

to the Constitution

2263

WRONGFUL DEATH ACTIONS-

Who may recover, etc

1154

-Z-

ZOOS, PUBLIC--

Con Ira els for the operation ol public zoos in certain municipalities

(more than 300,()()())

3734

2444

INDEX

POPULATION OF GEORGIA COUNTIES

County Appling Atkinson Bacon Baker Baldwin

1970 12,726 6,879 8,233 3,875 34,240

I960 13,246 6,188 8,359 4,643 34,064

1950 14,003 7,362 8,940 5,952 29,706

19UO I 14.497 | 7,093 | 8,096 7,344 24,190

19S0 13,314 6.894 7,066 7,818 22,878

19to 10,694 7,666 6,460 8,298 19,791

Banks Barrow Bartow Ben Hill Berrien

6,833 16,859 I 32,911 13,171 11,556

6,497 14,485 28,267 13,633 12,038

6,935 13,115 27,370 14,879 13,966

8,733 9,703 13,064 I 12,401 25,283 j 25,364 14,523 13,047 15,370 14,646

11,814 13,188 24,527 14,599 15,573

Bibb Bleckley Brantley Brooks Bryan

143,366 10,291 5,940 13,743 6,539

141,249 9,642 5,891 15,292 6,226

114,079 9,218 6,387 18,169 5,965

83,783 9,655 6,871 20.497 6,288

77,042 71,304 9,133 | 10,532 6.895 21,330 24,538 6,952 6,343

Bulloch Burke Butts Calhoun Camden

31,585 18,256 10,560 6,606 11,334

24,263 20,596 8,976 7,341 9,975

24,740 23,458 9,079 8,578 7,322

26,010 26,520 9,182 10,438 5,910

26,509 29,224 9,345 10,576 6,338

26,133 30,836 12,327 10,225 6,969

Campbell Candler Carroll Catoosa Charlton Chatham Chattahoochee Chattooga Cherokee Clarke

6,412 45.404 28,271 5,680 187,816 25,813 20,541 31,059 65,177

6,672 36,451 21,101 5,313 188,299 13,011 19,954 23,001 45,363

8,063 34,112 16,146 4,821 151,481 12,149 21,197 20,750 36,550

9,903 9,103 8,991 34,156 34.272 12,199 9,421 5,256 4,381 117,97H 0 | 105,431 15,138 8,894 18,532 15.407 20,126 20,003 28,398 25,613

11,709 9,228 34,752 6,677 4,536 100,032 5,266 14,312 18,569 26,111

Clay Clayton Clinch Cobb Coffee

3,636 98,126 6,405 196,793 22,828

4,551 46,365 6,545 114,174 21,953

5,844 22,872 6,007 61,830 23,961

7,064 6,943 5,557

11,655 10,260 11,159

6,437 1 7,016 38,272 l 35.408

7,984 30,437

21,541 | 19,739 I 18,653

Colquitt Columbia Cook Coweta Crawford Crisp Dade Dawson Decatur DeKalb Dodge Dooly Dougherty Douglas Early

32,298 22,327 12,129 32.310 5,748 18,087 9,910 3,639 22.310 415,387 15.658 10.404 89,639 28.659 12,682

34,048 | 33,999

13,423 9,525

11,822 28,893

12,201 27,786

5,816 6,080

17,768 8,666

17,663 7,364

3,590 3,712

25,203 23,620

256,782 136,395

16,483 11,474 75,680 16,741 13,151

17,865 14,159 43,617 12,173 17,413

33,012 | 30.622 9,433 | 8,793 11,919 | 11,311 26,972 | 25,127 7,128 | 7,020

17,540 | 17,343

5,894 | 4,479 j

4,146 3,502

22,234 | 23.622

86,942 | 70,278

21,022 9 21,599 16,886 | 18,025 28,565 | 22,306 10,053 | 9,461 18,679 | 18.273

29,332 11,718 11,180 29,047 8,893 18,914 3,918 4,204 31,785 44,051 22,540 20,522 20.063 10,477 18,983

County Echols Effingham Elbert Emanuel Evans Fannin Fayette Floyd Forsyth Franklin Fulton Gilmer Glascock Glynn Gordon Grady Greene Gwinnett Habersham Hall Hancock Haralson Harris Hart Heard Henry Houston Irwin Jackson Jasper Jeff Davis Jefferson Jenkins Johnson Jones Lamar Lanier Laurens Lee Liberty Lincoln Long Lowndes Lumpkin McDuffie McIntosh Macon Madison Marion Meriwether

INDEX

2445

| 1970 |

| 1,924 |

1 13,632 |

i| 1

17,262 18,357

| I

I 7,290 |

| 13,357 I|

| 11,364

| 73,742 |

| 16,928 |

| 12,784 |

I960 1,876 10,144 17,835 17,815 6,952 13,620 8,199 69,130 12,170 13,274

l 605,210 | 556,326

| |

8,956 2,280

| f*

8,922 2,672

| 50,528 | 41,954

23,570 19,228

I |

17,826 10,212

# |

1181,,011953

| 72,349 | 43,541

| 20,691 | 18,116

I I | | |

159,405 9,019 15,927 11,520 15,814 5,354

| I | | | | |

49,739 9,979 14,543 11,167 15,229 5,333

I I

23,724 62,924

| |

17,619 39,154

I I

8,036 21,093 5,760

I | |

198,,241919 6,135

| I

I

9,425 17,174 8,332 7,727 12,270

| | I |

8,914 17,468 9,148 8,048 8,468

I j | | |

10,688 |

5,031 32,738 7,044 17,569

| | |

10,240 5,097 32,313 6,204 14,487

I| 5,895 I| : 5,906

| 3,746 | 3,874

| H

55,112 I 8,728

49,270 7,241

15,276 | 12,627

7,371 | 6,364

| |

12,933 13,517

-I I

13,170 11,246

|

5,099 19,461

I |

159,,477676

1950 2,494 9,133 18,585 19,789 6,653 15,192 7,978 62,899 11,005 14,446 473,572 9,963 3,579 29,046 18,922 18,928 12,843 32,320 16,553 40,113 11,052 14,663 11,265 14,495 6,976 15,857 20,964 11,973 18,997 7,473 9,299 18,855 10,264 9,893 7,538 10,242 5,151 33,123 6,674 8,444 6,462 3,598 35,211 6,574 11,443 6,008 14,213 12,238 6,521 21,055

19 UO 2,964 9,646 19,618 23,517 7,401

1930 2.744 10,164 18,485 24,101 7.102

14,752 8,170 56,141 11,322 15,612

12,969 8,665 48,677 10,624 15,902

392,886 318,587 9,001 7,344 4,547 4,388 21,920 19,400 18,445 16,846

19,654 13,709 29,087 14,771 34,822

19,200 12,616 27,853 12,748 30,313

12,764 14,377 11,428 15,512 8,610

13,070 13,263 11,140 15,174 9.102

15,119 11,303 12,936 20,089 8,772

15,924 11,280 12,199 21,609 8,594

8,841 20,040 11,843 12,953 8,331

8,118 20,727 12,908 12,681 8,992

10,091 5,632 33,606 7,837 8,595

9.745 5,190 32,693 8,328 8,153

7,042 4,086 31,860 6,223 10,878

7,847 4,180 29,994 4,927 9,014

5,292 5,763 15,947 16,643 13,431 14,921 6,954 6,968 22,055 | 22,437

1920 3,313 9,985 23,905 25,862 6,594 12,103 11,396 39,841 11,755 19,957 232,606 8,406 4,192 19,370 17,736 20,306 18,972 30.327 10,730 26,822 18,357 14,440 15,775 17,944 11,126 20,420 21,964 12,670 24,654 16,362 7,322 22,602 14.328 13,546 13,269
39,605 10,904 12,707 9,739 26,521 5,240 11,509 5,119 17,667 18,803 7,604 26,168

2446
County Miller Milton Mitchell Monroe Montgomery Morgan Murray Muscogee Newton Oconee Oglethorpe Paulding Peach Pickens Pierce Pike Polk Pulaski Putnam Quitman Rabun Randolph Richmond Rockdale Schley Screven Seminole Spalding Stephens Stewart Sumter Talbot Taliaferro Tattnall Taylor Telfair Terrell Thomas Tift Toombs Towns Treutlen Troup Turner Twiggs Union Upson Walker Walton Ware

INDEX

1970 6,424 18,956 10,991 6,099 9,904 12,986 167,377 26,282 7,915 7,598 17,520 15,990 9,620 9,281 7,316 29,656 8,066 8,394 2,180 8,327 8,734 162,437 18,152 3,097 12,591 7.059 39,514 20,331 6,511 26,931 6,625 2,423 16.557 7,865 11.394 11,416 34,562 27,288 19,151 4,565 5,647 44,466 8,790 8,222 6,811 23,505 50,691 23,404 33,525

1960 1950 6,908 9,023 19.652 n 22,528 10,495 10,523 6,284 7,901

10,280 10,447 158,623 20,999 6,304

11,899 10,676 118,028 20,185 7,009

7,926 13,101 13,846 8,903 9,678

9,958 11,752 11,705 8,855 11,112

7,138 28,015 8,204 7,798 2,432

8,459 30,976 8,808 7,731 3,015

7,456 7,424 11,078 13,804 135,601 108,876 10,572 8,464 3,256 4,036

14,919 6,802 35,404 18,391 7,371

18,000 7,904 31,045 16,647 9,194

24.652 7,127 3,370 15.837 8,311

24,208 7,687 4,515 15,939 9,113

11,715 12,742 34,319 23,487 16.837

13,221 14,314 33,932 22,645 17,382

4,538 5,874 47,189 8,439 7,935

4,803 6,522 49,841 10,479 8,308

6,510 23,800 45,264 20,481 34,219

7,318 25,078 38,198 20,230 30,289

19UO 9,998 23,261 10,749 9,668 12,713 11,137 75,494 18,576 7,576 12,430 12,832 10,378 9,136 11,800 10,375 28,467 9,829 8,514 3,435 7,821 16,609 81,863 7,724 5,033 20,353 8,492 28,427 12,972 10,603 24,502 8,141 6,278 16,243 10,768 15,145 16,675 31,289 18,599 16,952 4,925 7,632 43,879 10,846 9,117 7,680 25,064 31,024 20,777 27,929

I960 9,076 6,730 23,620 11,606 10,020 12,488 9,215 57.558 17.290 8,082 12,927 12,327 10,268 9,687 12,522 10,853 25,141 9,005 8,367 3,820 6,331 17,174 72,990 7,247 5,347 20,503 7,389 23,495 11,740 11,114 26,800 8,458 6,172 15,411 10,617 14,997 18.290 32,612 16,068 17,165 4,346 7,488 36,752 11,196 8,372 6,340 19,509 26,206 21,118 26.558

1920 9,565 6,885 25,588 20,138 9,167 20,143 9,490 44,195 21,680 11,067 20,287 14,025 8,222 11,934 21,212 20,357 11,587 15,151 3,417 6,746 16,721 63,692 9,521 5,243 23,552 21,908 11.215 12,089 29,640 11,158 8,841 14,502 11,473 15,291 19,601 33,044 14,493 13,897 3,937 7,664 36,097 12,466 10,407 6,455 14,786 23,370 24.216 28,361

INDEX

2447

County W arren Washington Wayne Webster Wheeler White Whitfield Wilcox Wilkes Wilkinson Worth
Total

1970 , 1960 \ 1950 19UO I 1930 | 1920

6,669 7,360 i 8,779 17,480 i 18,903 | 21,012

10,236 | 24,230 |

11,181 | 25,030 j

11,828 28,147

17,858 ! 17,921 | 14,248 j 13,122 | 12,647 | 14,381

2,362 ; 3,247 I 4,081 4,726 | 5,032 | 5,342

4,596 | 5,342 | 6,712 j 8,536 | 9,149 | 9,817

7,742 I| 6,935 |I 5,951 | 6,417 |i 6,056 |I 6,105

55,108 ! 6,998

42,109 | 7,905 |

34,432 | 10,167 |

26,105 | 12,755 |

20,808 | 13,439 |

16,897 15,511

10,184 | 9,393 | 14,770 |

10,961 I 9,250 | 16,682 I

12,388 | 9,781 | 19,357

15,084 | 11,025 | 21,374 I

15,944 | 10,844 | 21,094 |

24,210 11,376 23,863

I

| 4,589,575 3,943,116 | 3,444,578 | 3,123,723 | 2,908,506 | 2,895,832

POPULATION NUMERICALLY LISTED ACCORDING TO 1970 CENSUS

County Echols .. .. Quitman Glascock .... Webster Taliaferro .. Schley Clay Dawson Long Baker Towns Wheeler ,t.. Lanier pkt Marion Heard Treutlen .... Charlton .... Crawford ... Jasper Atkinson .... Lincoln .... Brantley ... Montgomery Clinch Candler Miller Stewart Bryan Calhoun TWaalbrroetn . Union Banks Wilcox Lee . .. Seminole Evans Pike ... McIntosh ... OJoghlnesthoonrpe White Taylor

Population . ... 1,924 l.. 2,180
2,280 2,362 . 2,423 3,097 3,636 3,639 ..... 3,746 3,875 4,565 4,596 5,031 5,099 ..... 5,354 ...... 5,647 5,680 ... 5,748 5,760 5,879 . 5,895 5,940 6,099 6,405 6,412 ...... 6,424 6,511 6,639 6,606 6,625 6,669 6,811 6,833 6,998 7,044 7,059 7,290 7,316 7,371 7,598 7,727 7,742 7,866

County Oconee .... Irwin .... Pulaski .. Twiggs Bacon Rabun Jenkins Putnam Lumpkin . Randolph . Turner .... Gilmer ... Hancock .... Pierce Wilkinson Jeff Davis Pickens Morgan ... Dade Wilkes ... Greene ... Bleckley Dooly Butts Lamar .... Monroe .... Camden Fayette . . Telfair . . Terrell . Harris Berrien Cook Jones ... Screven Early Appling Franklin ... Macon Murray Ben Hill ... Fannin Madison

Population ..... 7,915
. 8,036 8,066
. 8,222 . 8,233
8,327 8,332 . 8,394 8,728 8,734 8,790 8,956 9,019 . 9,281 . 9,393 9,425 9,620 .... . 9,904 9,110 10,184 10,212 10,291 10,404 10,560 10,688 10,991 ...... 11,334 .. 11,364 11,394 . ... 11,416 11,620 11,556 12,129 12,270 12,591 12,682 12,726 12,784 12,933 ....... 12,986 13,171 13,357 13,517

2448 County Effingham Brooks Worth McDuffie .. Dodge .--MM Hart -gag.; Haralson Peach JM Tattnall Barrow Forsyth Jefferson .... Elbert Washington ... Paulding ... Liberty Grady Wayne Crisp Rockdale Burke ..... Emanuel Mitchell Toombs Meriwether Stephens Chattooga Habersham ._. Jackson Decatur ... Columbia Coffee --.MM Walton Upson Gordon Henry 5,. Chattahoochee

INDEX

Population 13,632 13,743 14,770 16,276 15,658 15,814 15,927 15,990 16,557 16,859 16,928 17,174 17,262
...... 17,480 17,520 17,569 17,826 17,858 18,087 18,152 18,255 18,357 18,956 19,151 19,461
....... 20,331 20,541 20,691 21,093
....... 22,310 ....... 22,327
22,828 23,404 23,505 23,570 23,724 25,813

County Newton .... Sumter .... Tift Catoosa .... Douglas Polk Cherokee .. Bulloch .... Colquitt .... Coweta .... Laurens Bartow .... Ware Baldwin .... Thomas .... Spalding .. Troup Carroll Glynn Walker ... Whitfield Lowndes .. Hall Houston . Clarke Gwinnett . Floyd Dougherty Clayton Bibb Richmond Muscogee Chatham .. Cobb DeKalb ... Fulton
Total

Population 26,282 26,931 27,288 28,271 28,659 29,656 31,059 31,585 32,298 32,310 32,738 32,911 33,525
....... 34,240 34,562 39,514
... 44,466 ... 45,404 50,528 50,691 65,108 65,112 59,405 62,924 65,177 72,349 73,742 89,639 98,126 143,366 162,437 167,377
......187,816 196,793 415,387
. 605,210 .4,589,575

MEMBERS OF THE GENERAL ASSEMBLY 2449

COUNTY Appling Atkinson Bacon Baker Baldwin Banks Barrow Bartow Ben Hill Berrien Bibb Bleckley Brantley Brooks Bryan Bulloch Burke Butts Calhoun Camden Candler Carroll Catoosa Charlton Chatham Chattahoochee Chattooga Cherokee Clarke CCllaayyton Clinch Cobb Coffee Colquitt Columbia Cook Coweta Crawford Crisp Dade Dawson Decatur DeKalb Dodge Dooly Dougherty Douglas Early EEcffhionlgs ham Elbert Emanuel Evans Fannin Fayette Floyd 76

GEORGIA STATE SENATE

SDenisattroircital 4,7 7 7 10 25 47
45, 48 31,52
13 8 26, 27 19 6 9,10 3 4 21 17 11 6 4 30 54 7 1,2,3 11 53 51 46 11 28, 44 7 32, 33, 56 8,19 9 24 8 28.30 17 13 53 50 10 5, 41-43, 55 19 13 12,14 30.31 11 7 3 47 21 4 50 28, 34 52

County Forsyth Franklin Fulton Gilmer Glascock Glynn Gordon Grady Greene Gwinnett Habersham Hall Hancock Haralson Harris Hart Heard Henry Houston Irwin J ackson Jasper Jeff Davis Jefferson Jenkins Johnson Jones Lamar Lanier Laurens Lee Liberty Lincoln Long Lowndes Lumpkin Macon Madison Marion McDuffie McIntosh Meriwether Miller Mitchell Monroe Montgomery Morgan Murray Muscogee Newton Oconee Oglethorpe Paulding Peach Pickens Pierce Pike

SDenisattroircital 49, 51
47 34-40, 56
50 21 3,6 51 10 24 48 50 49 25 31 29 47 29 17,28 18 13 46,49 25 19 ; 21 21 20 25 17
7 20 14 3 24 3,6 8 50 14,18 24,47 14 24 3 29 11 9 27 20 25,45 54 15,16 45 46 24 31,56 18 51
7 17

2450 MEMBERS OF THE GENERAL ASSEMBLY

County Polk Pulaski Putnam Quitman Rabun Randolph Richmond Rockdale Schley Screven Seminole Spalding Stephens Stewart Sumter Talbot Taliaferro Tattnall Taylor Telfair Terrell Thomas Tift

GEORGIA STATE SENATE

SDenisattroircital

County Toombs Towns Treutlen Troup Turner Twiggs Union Upson Walker W alton Ware Warren Washington Wayne Webster Wheeler White Whitfield Wilcox Wilkes Wilkinson Worth

SDenisattroicrital

MEMBERS OF THE GENERAL ASSEMBLY 2451
SENATORS OF GEORGIA ALPHABETICALLY ARRANGED ACCORDING TO
NAMES, WITH DISTRICTS AND ADDRESSES FOR THE TERM 1979-1980

Name

District Address

Allgood, Thomas F. Ballard, W. D. "Don"
Barker, Ed
Barnes, Roy E. gg Bell, Robert H. "Bob" Bond, Julian Brantley, Haskew H., Jr. Broun, Paul C Brown, M. Parks Bryant, Glenn E Carter, Hugh A Cobb, Kyle T Coverdell, Paul D. Dean, Nathan Eldridge, Frank, Jr. English, Bill Evans, Todd Fincher, Dan H. Fincher, W. W. (Bill), Jr. Foster, John C

22nd P.O. Box 1523 Augusta 30903
45th Home: 405 Haygood St. Oxford 30267 Office: 1122 Monticello St. Covington 30209
18th 244 Peachtree Cir. P.O. Box KK Warner Robins 31093
33rd 639 Maran Lane Mableton 30059
5th 2535 Henderson Mill Rd., N.E. Atlanta 30345
39th 361 Westview Dr., S.W. Atlanta 30310
56th 6114 Riverside Dr., N.W. Atlanta 30328
46th 165 Pulaski St. Athens 30601
47th P.O. Box 37 Hartwell 30643
3rd . P.O. Box 585 Hinesville 31313
14th P.O. Box 99 Plains 31780
28th 1504 Kalamazoo Drive Griffin 30223
40th Suite 607, 1447 Peachtree St., N.E., Atlanta 30309
31st Box 606 Rockmart 30153
... 7th P.O. Box 1968 Waycross 31501
.. 21st P.O. Box 521 Swainsboro 30401
. 37th P.O. Box 8276, Station F Atlanta 30306
52nd -- Rt. 10, Horseleg Creek Rd. Rome 30161
..54th 615 Green Rd. Chatsworth 30705
..59th Box 100 Cornelia 30531

2452 MEMBERS OF THE GENERAL ASSEMBLY

Name Garner, Wayne
Gillis, Hugh M., Sr ' Greene, Richard L.

Hill, Render

Holloway, A1 --

Horton, Janice

2:2.1

Howard, Pierre

Hudgins, Floyd

Hudson, Perry J.

Johnson, Edward H. (Ed)

Kennedy, Joseph E. :

Kidd, Culver

Land, Ted J.

Langford, James Beverly ..

Lester, Jimmy

Littlefield, Bill

McGill, Sam P Overby, Howard T Paulk, James L. (Jimmy) Reynolds, Steve Riley, John R. Robinson, W. Lee Russell, Henry P., Jr..... Scott, Thomas R. (Tom) :..

District Address

30th .j1.!.- Route 9, Forest Rd.

Carrollton 30117

20th.JI1L Soperton 30457

26th Suite 517

First National Bank Bldg.

Macon 31201

--;.29th.P.O. Box 246

Greenville 30222

12th P.O. Box 588

Albany 31702

--17th 430 Burke Circle

McDonough 30253

-- 42nd- 600 First Nat Bank Bldg.

Decatur 30030

15th

P.O. Box 12127 Columbus 31907

--35th 3380 Old Jonesboro Road,

Hapeville 30354

34th -- 506 Locke St.

Palmetto 30268

4th P.O. Box 246

Claxton 30417

..-.25th. P.O. Box 370

Milledgeville 31061

--16th 3736 Woodruff Rd.

Columbus 31904

-- 51st P.O. Box 277

Calhoun 30701

.--23rd 1st Federal Bldg.

985 Broad St.

Augusta 30902

-6th First Federal Plaza,

Suite 404, 777 Gloucester St.

Brunswick 31520

24th Washington 30673

49th 1173 Riverside Dr., N.E.

Gainesville 30501

--13th P.O. Box M

Fitzgerald 31750

48th ,,297 Craig Dr.

Lawrenceville 30245

1st P.O. Box 9641

Savannah 31402

27th 864 Winchester Circle

Macon 31210

--10th Route 1

Boston 31626

-- 43rd 2887 Alameda Trail

Decatur 30034

MEMBERS OF THE GENERAL ASSEMBLY 2453

Name Starr, Terrell A

District -44th.

Stephens, Jack L

36th.

Stumbaugh, Lawrence (Bud) --55th

Summers, E. G

53rd

Sutton, Franklin

9th.

Tate, Dr. Horace E.

38th

Thompson, Joe

32nd

Timmons, Jimmy Hodge

11th

Turner, Loyce W.

--8th.

Tysinger, James W. (Jim) 41st

Walker, James Ronald "Ronnie"

--19th.

Wessels, Charles H.

2nd

Address
.4766 Tanglewood Lane Forest Park 30050 .2484 Macon Dr., Atlanta 30315 .1071 Yemassee Trail Stone Mountain 30083 .P.O. Box 499 LaFayette 30728 Route 1 Norman Park 31771 .621 Lilia Dr., S.W. Atlanta 30310 .P.O. Box 1045 Smyrna 30080 .132 Woodlawn Blakely 31723 .608 Howellbrook Dr. Valdosta 31601 .3781 Watkins Place, N.E. Atlanta 30319
..Sweet Gum Rd., P.O. Box 461 McRae 31055 -P.O. Box 8002 Savannah 31412

2454 MEMBERS OF THE GENERAL ASSEMBLY

MEMBERS OF THE SENATE OF GEORGIA BY DISTRICTS IN NUMERICAL ORDER
AND ADDRESSES FOR THE TERM 1979-1980

District

Name

Address

1--

John R. Riley

-- . P.O. Box 9641

2--

Charles H. Wessels

P.O. Box 8002,

3--

Glenn E. Bryant --

P.O. Box 585,

4--

Joseph E. Kennedy

P.O. Box 24

5--

Robert H. "Bob" Bell

.2535 Henderson

Atlanta 30345

6--

Bill Littlefield

First Federal

777 Gloucester St., Brunswick 31520

7--

Frank Eldridge, Jr

P.O. Box 1968,

8--

Loyce W. Turner

608 Howellbrook Dr.

9--

Franklin Sutton

Rt. 1, No

10--

Henry P. Russell, Jr.

Rt

11--

Jimmy Hodge Timmons ... 132 South Woodlawn S

12--

A1 Holloway

P.O. Box 5

13--

Janice Horton --. 430 Burke Circle, McD

14--

Hugh A. Carter

- P.O. Box

15--

Floyd Hudgins --

P.O. Box 12127,

16--

Ted J. Land

_ 3736 Woodruff Rd.,

13--Janice Horton

430 Burke Circle, McDonough 30253

18--

Ed Barker

P.O. Box KK, 24

Warner Robins 31093

19--

James Ronald "Ronnie" Walker ... Sweet Gum Rd

McRae 31055

20--

Hugh M. Gillis, Sr

LtL-F^fe^--

21--

Bill English

P.O. Box 521, S

22--

Thomas F. Allgood

P.O. Box 1523

23--

Jimmy Lester

First Federal Bldg

Augusta 30902

24--

Sam P. McGill 4

W

25--

Culver Kidd .^-^...M^Bp.O. Box 370, Mi

26--

Richard L. Greene -

Suite 517, First Natio

Macon 31201

27--

-W. Lee Robinson

864 Winchester Cir

28--

Kyle T. Cobb

1504 Kalamazoo D

29--

Render Hill

--,,--.P.O. Box 246,

30--

Wayne Garner

Route 9, Forest Rd., C

31--

Nathan Dean

Box 606,

32--

Joe Thompson

H8HL..Box 1045

33--

Roy E. Barnes ..jjllj

639 Maran Lane,

34--

Edward H. (Ed) Johnson Jfi-.506 Locke St.,

35--

Perry J. Hudson -- 3380 Old Jonesboro Rd.,

36--

Jack L. Stephens

2484 Macon Dr

37--

Todd Evans

P.O. Box 8276, Station F

38--

Dr. Horace E. Tate

621 Lilia Dr., S.W

39--

Julian Bond

361 Westview Dr., S.W

MEMBERS OF THE GENERAL ASSEMBLY 2455

District

Name

Address

40--

Paul D. Coverdell ' Suite 607

Atlanta 30309

41--

James W. (Jim) Tysinger

Atlanta 30319

42--

Pierre Howard 600 First National

43--

Thomas R. (Tom) Scott 2887 A

44--

Terrell A. Starr 4766 Tanglewoo

45--

W. D. "Don" Ballard

405

46--

Paul O. Broun i

165

47--

M. Parks Brown

1

: P.

48--

Steve Reynolds

297 Crai

49--

Howard T. Overby 1173 Riverside D

50--

John C. Foster .... ...

51--

James Beverly Langford

P.

52--

Dan H. Fincher

Rt. 10, Horse

53--

E. G. Summers

.4

P.O.

54--

W. W. |Bill) Fincher, Jr. 615 Gre

55--

Lawrence (Bud) Stumbaugh

Stone Mountain 30083

56--

Haskew H. Brantley, Jr.

-- -

Atlanta 30328

2456 MEMBERS OF THE GENERAL ASSEMBLY

GEORGIA HOUSE OF REPRESENTATIVES

County Appling Atkinson Bacon Baker Baldwin Banks Barrow Bartow Ben Hill Berrien Bibb Bleckley Brantley Brooks Bryan Bulloch Burke ' Butts Calhoun Camden Candler Carroll Catoosa Charlton Chatham Chattahoochee Chattooga Cherokee Clarke Clay Clayton Clinch Cobb Coffee Colquitt Columbia Cook Coweta Crawford Crisp Dade Dawson Decatur DeKalb Dodge Dooly Dougherty Douglas Early Echols Effingham Elbert Emanuel Evans Fannin Fayette Floyd

DHiostursicet 138 150 152 131 108,109 10,12 12.61.64 7,8 137 146 99-104 117 138.152 147 107 81, 82 82, 83 78 130,131,140 152 107 66 2,;3151 122-129 110,111
5 8 62.63.64 130 72 150 19,20,21 137.152 144,145 77 146 67, 68, 71 98 135,136 1,5 8 141 44-58 118 135 131-134 65,66 140 147 129 13 106,107 107 4 71,72 [ 14,15,16

County Forsyth Franklin Fulton Gilmer Glascock Glynn Gordon Grady Greene Gwinnett Habersham Hall Hancock Haralson Harris , Hart Heard Henry Houston Irwin J ackson Jasper Jeff Davis Jefferson Jenkins Johnson Jones Lamar Lanier Laurens Lee Liberty Lincoln Long Lowndes Lumpkin Macon Madison Marion McDuffie McIntosh Meriwether Miller Mitchell Monroe Montgomery Morgan Murray Muscogee Newton Oconee Oglethorpe Paulding Peach Pickens Pierce Pike

DHiostursicet 9 13
22-43 4
105 153,154
7 141,142 13.112 59, 60, 61
11 9 112 18 91 13 66,68 73 113,114,115 .137 12 80.112 138 83,84 106 105,106 80 78 149 118,119 133 139 76 121,139 147,148,149 4 98,115 13 110 77, 84 139 70 140 144 80 120 75.112 3 91-97 74 13,64 13 18,19,21 98.113 8 138,152 78, 79

MEMBERS OF THE GENERAL ASSEMBLY 2457

GEORGIA HOUSE OF REPRESENTATIVES

County Polk Pulaski Putnam Quitman Rabun Randolph Richmond Rockdale Schley Screven Seminole Spalding Sthepens Stewart Sumter Talbot Taliaferro Tattnall Taylor Telfair Terrell Thomas Tift

DHiostursiect 16,17 117 109 111
4 130 84-90 57 115 81, 82 140,141 71 10 111 111,116 70 76 107,121 110 118,138 130 142,143 146

County Toombs Towns Treutlen Troup Turner Twiggs Union Upson Walker Walton Ware Warren Washington Wayne Webster Wheeler White Whitfield Wilcox Wilkes Wilkinson Worth

DHiostursicet 120,121
4 120 68, 69 136,137 103
4 79 1, 5,6 75 150,151 76 105 138 111 120 4,11 3,6 117 76 108 136

2458 MEMBERS OF THE GENERAL ASSEMBLY

MEMBERS OF THE GEORGIA HOUSE OF REPRESENTATIVES ALPHABETICALLY ARRANGED ACCORDING TO NAMES,
WITH DISTRICTS AND ADDRESSES
FOR THE TERM 1979-1980

Name

District

Address

Adams, G. D.

36

532 St. Johns Ave., S.W.

Atlanta 30315

Adams, Marvin

--79

--.709 Greenwood Road

Thomaston 30286

Anderson, Wendell T., Sr. -- 8-Post 3 Route 4

Canton 30114

Argo, Bob

63

P.O. Box 509

Athens 30603

Auten, Dean G

154

-628 King Cotton Row

Brunswick 31520

Balkcom, Ralph J.

140

-j Route 1

Blakely 31723

Bargeron, Emory E.

--83 . 801 Walnut St.

P.O. Box #447

Louisville 30434

Battle, Joseph A

124 -- 2308 Ranchland Drive

Savannah 31404

Baugh, Wilbur Edwin

108 . Box 926 - Gordon Road

Milledgeville 31061

Beal, Alveda King

28

385 Pine St., N.E.

Atlanta 30308

Beck, James M

148

-- 2427 Westwood Drive

Valdosta 31601

Benefield, Jimmy D. --

72-Post 2 Home: 6656 Morning

Dove Place

Jonesboro 30236

Bus : Amoco Oil Co.

P.O. Box 5077

Atlanta 30302

Birdsong, Kenneth (Ken) W. --.103

820 Gray Hwy.

Macon 31201

Bishop, Sanford D., Jr

94

1214 1st Avenue,

Suite 540, P.O. Box 709

Columbus 31902

Bolster, Paul

30

1043 Ormewood Ave.,

S.E., Atlanta 30316

Bostick, Henry

146-Post 1 P.O. Box 94 T&ton 31794

Branch, Paul S., Jr. _

137

P.O. Box 99 Fitzgerald 31750

Bray, Claude A., Jr.

-70 -

617 Mayes Way

Manchester 31816

MEMBERS OF THE GENERAL ASSEMBLY 2459

Name Buck, Thomas B., Ill Burruss, A. L. (Al) Burton, Joe

District ........95
. 21-Post 2 . ..47

Canty, Mrs. Henrietta Mathis ... 38

Carnes, Charles L

43-Post 1.

Carrell, Bobby t

75

Cason, Gary C

96

Castleberry, Don

111 .

Chamblin, Richard

73

Chance, George

129

Cheeks, Donald E.

.89

Childers, E. M. (Buddy)

15 ....

Childs, Mrs. Mobley (Peggy) 51

Clark, Betty J

1

55

Clark, Louie Max Clifton, A. D. ......i....lr.l

13-Post 1_ 107

Clifton, Thomas B. (Tommy), Jr vaaaaJLigl.1211 l!

Colbert, Luther S.

WM&Mm.

Coleman, Terry L

..118.L.

Collins, Marcus E., Sr.

.144

Colwell, Carlton

4-Post 1.

Connell, Jack

'..

87..

Address
. P.O. Box 196 Columbus 31902 . P.O. Box 6338-A Marietta 30065 ..2598 Woodwardia Road, N.E. Atlanta 30345 .2211 Cascade Rd., S.W. Atlanta 30311 .. 1079 Spring St., N.W. Atlanta 30309 -P.O. Box 690 Monroe 30655 .3128 College Dr. Columbus 31907 -P.O. Box 377 Richland 31825 .630 North Henry Blvd Stockbridge 30281 P.O. Box 373 Springfield 31329 . 714 Westminster Court Augusta 30909 .15 Kirkwood St. Rome 30161 .520 Westchester Dr. Decatur 30030 P.O. Box 17852 Atlanta 30316 -RFD #2 Danielsville 30633 .Route 2 Metter 30439
j P.O. Box 660 Lyons 30436
. 140 Calais Court Roscwell 30075
.1201 Fourth Ave. Eastman 31023
.Route 1 Pelham 31779
-P.O. Box 6 Blairsville 30512
P.O. Box 308 Augusta 30903 Res.: 706 Montrose Ct. Augusta 30904

2460 MEMBERS OF THE GENERAL ASSEMBLY

Name

Cooper, Bill

.

Cox, Walter E

Crosby, Tom, Jr.

Crawford, John G

Culpepper, Bryant

Daniel, G. F. (Danny), Jr.

Daugherty, J. C., Sr.

District 19-Post 3
.141... 150 5 98 88 33

Davis, Burl

99

Dean, Douglas C.

29

Dent, R. A.

85

Dixon, Harry D.

.151

Dover, William J. (Bill)

.11

Edwards, Ward

110

Elliott, Ewell (Hank), Jr.

49

Evans, Warren D

. 84

Felton, Mrs. Dorothy

22

Fortune, James R. (Jim), Jr. 71-Post 1.

Foster, R. L.

6-Post 2

Fuller, Ken

16

Galer, Mary Jane

97

Gammage, Lynn

17

Gignilliat, Arthur M., Jr. 122 ....

Glover, Mildred

32

Address
2432 Powder Springs Rd., Marietta 30064 .202 West St. Bainbridge 31717 .705 Wacona Dr. Waycross 31501 Rural Rte. 1, Box 404 Lyerly 30730 Quail Hollow Fort Valley 31030 .803 Johns Road Augusta 30904 . 202 Daugherty Bldg. 15 Chestnut St., S.W. Atlanta 30314 Law Plaza 740 Mulberry St. Macon 31201 356 Arthur St., S.W. Atlanta 30310 1120 Pine Street Augusta 30901 1303 Coral Road Waycross 31501 "Timbrook" Hollywood 30523 P.O. Box 146 Butler 31006 411 Decatur Fed. Bldg., Decatur 30030 P.O. Box 539 Thomson 30824 465 Tanacrest Drive, N.W., Atlanta 30328 P.O. Box 116 Griffin 30224 4899 Tibbs Bridge Rd., S.E., Dalton 30720
5 Lenox Circle Rome 30161
7236 Lullwater Rd., Columbus 31904
106 N. College St. Oedartown 30125
36 Althea Pkwy. Savannah 31405
672 Beckwith St., S.W. Atlanta 30314

MEMBERS OF THE GENERAL ASSEMBLY 2461

Name

District

Address

Greene, Joel R. Greer, John W .

138-Post 2.... P.O. Box 907 Jesup 31545
43-Post 3 802 Healey Bldg.

Atlanta 30303

Ham, Benson tUs

80

20 E. Main St.

Forsyth 31029

Hamilton, Mrs. Grace T.

31.-- _ 582 University PI.,-.

N.W., Atlanta 30314

Hanner, Bob

| 130

Route 1

Parrott 31777

Harris, Joe Frank .

8-Post 1.... 712 West Avenue

Cartersville 30120

Harrison, Carl

.... 20-Post 2 I P.O. Box 1374

Marietta 30060

Hasty, William G. "Bill", Jr. 8-Post 2 R-8 Hilton Drive

Canton 30114

Hatcher, Charles

131 &

P.O. Box 750

Albany 31702

Hawkins, John

50

1360 Harvard Rd., N.E.

Atlanta 30306 '

Hays, Forest, Jr.

... 1-Post 2 St. Elmo Rt. #3

Chattanooga, Tenn.

37409

Hill, Bobby L.

127

923 W. 37th St.

Savannah 31401

Holmes, Bob ,,

39

2073 Cascade Rd., S.W.

Atlanta 30311

Horne, Frank

B.:i04

...... 612 Ga. Power Bldg. Macon 31201

Housley, Eugene (Gene)

21-Post 1 1011 Housley Rd. Marietta 30066

Hutchinson, R. S. "Dick" ...133....~1 915 6th Avenue Albany 31701,

Irvin, Jack

______.10

- Route 1 Baldwin 30511

Isakson, Johnny ----.

20-Post 1 1584 Roswell Rd.

Marietta 30060

Jackson, Jerry D.

9-Post 3 P.O. Box 7275 Chestnut Mtn. 30502

Jackson, William S. (Bill)

77------

Jessup, Ben .....

gSj 117

3907 Washington Rd. Martinez 30907 101 Cherry St. Cochran 31014

Johnson, Gerald L

66-Post 1 P.O. Box 815 Carrollton 30117

Johnson, Philip A.

.... 74

P.O. Box 846 Covington 30209

2462 MEMBERS OF THE GENERAL ASSEMBLY

Name

District

Address

Johnson, Rudolph ji

Johnston, Joe J

4-

Jones, Bill

Jones, Herbert, Jr. --

Kaley, Max D

Karrh, Randolph C.

Kemp, Rene D. ----.1

Kilgore, Thomas "Mac"

Knight, Nathan G

Lambert E. Roy

Lane, Dick Lane, W. Jones Lawson, Bobby Lee, Wm. J. "Bill" Linder, John Logan, Hugh Long, Bobby

Lord, Jimmy .. .. ....L ,, Lowe, Bettye

Lucas, David E.

|

Mangum, Wm. C. (Bill), Jr.

Mann, Charles C

.

Marcus, Sidney J. |

..72-Post 4 5604 Reynolds Rd.

Morrow 30260

. 56-Post 2 4190 Kimlie Cove

Decatur 30035

...78 --1----------233 McDonough Rd.

Jackson 30233

126

413 Arlington Rd.

Savannah 31406

. 19-Post 2 260 Washington Ave.

Marietta 30061

106 |ijj-- P.O. Drawer K

Swainsboro 30401

139 ---P.O. Box 497

Hinesville 31313

-65

1992 Tara Circle

Douglasville 30135

. 67

--P.O. Box 1175

Newnan 30263

112

Home: 543 N. Main St.

Office: P.O. Box 169

Madison 30650

-40--r

2704 Humphries St.

East Point 30344

..81 BggH-P.O. Box 484

Statesboro 30458

.... 9-Post 2 660 Fulton Drive

Gainesville 30501

..72-Post 1 5325 Hillside Dr.

Forest Park 30050

,,44

5039 Winding Branch

Drive, Dunwoody 30338

..62 .

1328 Prince Ave.

Athens 30601

142 - -pk-- 6th Street, N.W.

P.O. Box 202

Cairo 31728

105

P.O. Box 254

Sandersville 31082

. 43-Post 2 591 W. Paces Ferry Rd.,

N.W.,

Atlanta 30305

102 -1.448 Woolfoik St.

Macon 31201

. 56-Post 1 4320 Pleasant Forest

Drive, Decatur 30034

..13-Post 3 .238 Elbert Street

Elberton 30635

. 26

-845 Canterbury Rd.,

N.E., Atlanta 30324

MEMBERS OF THE GENERAL ASSEMBLY 2463

Name

District

Address

Martin, Charles -- pp| 60

....470 Hill Street

Buford 30518

Matthews, Hugh D.

- 146

--. Route 1

Moultrie 31768

McDonald, Lauren (Bubba), Jr..,,12

-- Rt. 2, Box 408A

Commerce 30529

McKinney, J. E. (Billy)

35

....765 Shorter Ter., N.W.

Atlanta 30318

Milford, Billy \

.13-Post 2 ... Route 3

Hartwell 30643

Moody, Lundsford -- 138-Post 1 .... P. O. Box 32

Baxley 31513

Moore, James C

152-Post 1 ....Route 2

West Green 31567

Mostiler, John L.

- 71-Post 2 ... 150 Meadowvista Dr.

Griffin 30223

Mullinax, Edwin G. (Ed)

69

P.O. Drawer 1649

LaGrange 30241

Murphy, Thomas B.

__l8 -- .... P.O. Land 163

Bremen 30110

Murray, Bill

116

.... 124 W. Forsyth Street

Americus 31709

Nessmith, Paul E., Sr

82

.-- Route #4

Statesboro 30458

Nichols, Michael C

27

825 Penn Ave., N.E.

Atlanta 30308

Nix, Ken

20-Post 3 --.3878 Manson Ave.

Smyrna 30080

Oldham, Lucian K.

14

Home: 5 Vineland Dr.

Bus.: Central Plaza

Shopping Center

Rome 30161

Padgett, M. J. "Mike" I . 86

..... Bennock Mill Rd.

Augusta 30906

Parham, Bobby Eugene

109 ..L -- P.O. Box 606

Milledgeville 31061

Parkman, Lillian H.

134-- --106 Holley Drive

Albany 31705

Patten, Robert L.....

149

.... Route L Box 180

Lakeland 31635

Peters, Robert G

2

P.O. Box 550

Ringgold 30736

Phillips, L. L. "Pete"

120

.... P.O. Box 166

Soperton 30457

Phillips, Robert P. "Bobby"

III

'X-

125

.. - P.O. Box 8305

Savannah 31412

Phillips, R. T. (Tom)

59 ... ..-1703 Pounds Rd.

Stone Mountain 30087

2464 MEMBERS OF THE GENERAL ASSEMBLY

Name

District

Phillips, W. Randolph 91

Pilewicz, Greg --^

-41

Pinkston, Frank T IjBJ100

Rainey, Howard H.

135

Ralston, Ernest

Ramsey, Tom

-- 3

Randall, William C. (Billy) 101 --

Reaves, Henry L. ..ja&sjL

147

Richardson, Eleanor L. --

52

Robinson, Cas aMtaa^a-i

-- 58

Ross, Ben Barron

-76

Rowland, J. Roy

--119 --

Russell, John D.

64 --

Savage, John

25.

Scott, Albert (Al)

123

Scott, David --

--37

Sise, Robert C. (Bob)

.143

Sizemore, Earleen Wilkerson --136 --

Smith, Tommy ,

152-Post 2

Smith, Virlyn B. --

42--.

Smyre, Calvin ,,.

...92

Snow, Wayne, Jr.

.... 1-Post -

Steinberg, Cathey W.

46 ....

Address
| Shiloh 31826 .2307 Plantation Drive East Point 30344 ..850 Ga. Power Bldg. Macon 31201 .. 913 Third Ave., E. Cordele 31015 -P.O. Box 623 Calhoun 30701 -P.O. Box 295 Chatsworth 30705 . P.O. Box 121 Macon 31202 ..Route 2 Quitman 31643 .755 Park Lane Decatur 30033 .4720 Fellswood Drive Stone Mountain 30083 . P.O. Box 245 Lincolnton 30817 .103 Woodridge Road Dublin 31021 . P.O. Box 588 Winder 30680 .. 69 Inman Circle Atlanta 30309 .859 East 31st St. P.O. Box 1704 Savannah 31402 .190 Wendell Dr., S.E. Atlanta 30315 -P.O. Box 881 Thomasville 31792 .. Route 3 Sylvester 31791
..Route 1 Alma 31510
..330 Rivertown Road Fairburn 30213
-P.O. Box 181 Columbus 31902
..Mailing: P.O. Box 26 > Rossville 30741 Res.: Route 2, Chickamauga 30707
.1732 Dunwoody Place, N.E., Atlanta 30324

MEMBERS OF THE GENERAL ASSEMBLY 2465

Name Swann, David J.

District

Thomas, Charles A., Jr.

66-Post 2

Thompson, Albert W.

93 ~

Tolbert, Tommy ..

56-Post 3

Townsend, Kiliaen V. R. 24 --

Triplett, Tom

128.1

Tuten, James R., Jr

153

Twiggs, Ralph ....

4-Post 2

Vandiford, Douglas

53.

Vaughn, Clarence R., Jr

57 --

Veazey, Monty

146-Post 2

Waddle, Ted W.

...--113 ....

Walker, Larry

115

Wall, Vinson

61

Ware, J. Crawford

--.68

Watkins, Mrs. Lottie Heywood --.34

Watson, Roy H. (Sonny), Jr. 114

White, John ...

132

Williams, Mrs. Betty Jo

48

Williams, Rev. Hosea L.

54 ....

Williams, Roger

-- ..6-Post 1

Williamson, George

45

Wilson, Joe Mack ..

19-Post 1

Wood, Jim ..L-ILiil----.

72-Post 3.

Wood, Joe T.

-

9-Post 1

Address
.804 Camellia Rd. Augusta 30909 P.O. Box 686 Temple 30179 . P.O. Box 587 Columbus 31902 .1569 Austin Dr. Decatur 30032 .214 Townsend Place Atlanta 30327 . P.O. Box 9586 Savannah 31402 . 528 Newcastle St. Brunswick 31520 . P.O. Box 432 Hiawassee 30546 .3201 Kensington Road Avondale Estates 30002 .2150 Miller Chapel Rd. Conyers 30207 . P.O. Box 1572 Tifton 31794 _ 113 Tanglewood Drive Warner Robins 31093 ,P.O. Box 1234 Perry 31069 .. 1694 Little Fawn Drive Lawrenceville 30245 I P.O. Box 305 Hogansville 30230 .. 107 Mathewson Place, S.W., Atlanta 30314 P.O. Box 1905 Warner Robins 31093 .. P.O. Box 3506 Albany 31706 .. 2024 Castleway Drive, N.E., Atlanta 30345 .8 East Lake Dr., N.E. Atlanta 30317 .132 Huntington Road Dalton 30720 ..3358 Rennes Dr. Atlanta 30319 ..77 Church Street Marietta 30060 ..5676 Sequoia Drive Forest Park 30050 .P.O. Box 1417 Gainesville 30501

2466 MEMBERS OF THE GENERAL ASSEMBLY

MEMBERS OF GEORGIA HOUSE OF REPRESENTATIVES
FOR THE TERM 1979-1980 BY DISTRICTS AND ADDRESSES

District 1-Post 1 1-Post 2. 2..... 3 4-Post 1 4-Post 2 5 6-Post 1 6788-Post 2 899-Post 2 9-Post 3 10 11 12 13-Post 1 13-Post 2 13-Post 3

Representative

Address

.Wayne Snow, Jr.

P.O. Box 26 Rossville 30741

Forest P. Hays, Jr.

St. Elmo, Rt. 3 Chatt., Tenn. 37409

Robert G. Peters

--- P.O. Box 550 Ringgold 30736

Tom Ramsey

P.O. Box 295 Chatsworth 30705

Carlton Colwell

P.O. Box 6 Blairsville 30512

Ralph Twiggs

P.O. Box 432 Hiawassee 30546

John G. Crawford

RFD #1, Box 404 Lyerly 30730

Roger Williams __

_ 132 Huntington Rd. Dalton 30720

Post 2. R. L. Foster

489

S.E., Dalton 30720

.-

Ernest Ralston

P.O

Calhoun 30701

Post 1 Joe Frank Harris ...

-- 712

Cartersville 30120

William G. "Bill" Hasty, Sr. R-8 Hilton Dr.

Canton 30114

Post 3 Wendell T. Anderson, Sr. Ro Canton 30114

Post 1 - Joe T. Wood --

-- P.O

Gainesville 30501

Bobby Lawson

.660 Fulton Drive

Gainesville 30501

Jerry D. Jackson

P.O. Box 7275 Chestnut Mtn. 30502

Jack Irvin

Rout

Baldwin 30511

William J. (Bill) Dover

"Tim

Hollywood 30523

. Lauren (Bubba) McDonald, Jr. --Rt. 2

Commerce 30529

Louie Max Clark

RFD #2 Danielsville 30633

Billy Milford

._,,rJS?Route 3 Hartwell 30643

Charles C. Mann

238 Elbert Street Elberton 30635

MEMBERS OF THE GENERAL ASSEMBLY 2467

District 14
15

Representative

Address
Lucian K. Oldham Center Rome 30161
E. M. (Buddy) Childers Rome 30161

16 17 18.. 19 19-Post 2 192020-Part 2 202121-Post 2 22 23 24 25 26.. 27-1 28 . 29 30-- 31

..5 LKeneonxFCuilrlcelre

Rome 30161

-106LNyonrnthGCaomllmegaegeSt...

Cedartown 30125

,,P.O. BTohxom16a3s B. Murphy ....

Bremen 30110

Joe Mack Wilson .....

..77 Church Street

Marietta 30060

Max D. Kaley

-260 Washington Ave.

Marietta 30060

Post..32432 PBoilwl dCeoroSpperings

Rd., Marietta 30064

Post .1.1584JRoohsnwneyllIsRaokasdon

Marietta 30060

Carl Harrison

-P. O. Box 1374

Marietta 30061

Post..33878 KMeannsNoinxAvenue

Smyrna 30080

Post.11011 EHouugselneye R(Goeande) Housley-.

Marietta 30066

A. L. (Al) Burruss -- -P.O. Box 6338-A

Marietta 30065

.465MTrasn.aDcroersotthDyr.F, elton

N.W., Atlanta 30328

--,,140 LCuatlhaiesrCSo. uCrotlbert

Roswell 30075

-214KToilwianesnenVd. PRl.acTeownsend _

Atlanta 30327

...69 IJnomhannSCaivracglee

Atlanta 30309

...845 CaSnitdenrbeyurJy. RMda.,rcus

N.E., Atlanta 30324

.. Michael C. Nichols -- . 825 Penn Ave., N.E.

Atlanta 30308

Alveda King Beal

...385 Pine St., N.E.

Atlanta 30308

...356 DArotuhgulrasStCr.eeDt,eaSn.W.

Atlanta 30310

Pau. Bolster

_ 1043 Ormewood Ave.,

S.E., Atlanta 30316

Mrs. Grace T. Hamilton . ...582 University Place,

N.W., Atlanta 30314

2468 MEMBERS OF THE GENERAL ASSEMBLY

District 32 33
34

Representative

Address

. .. Mildred Glover

672 Beckwith St., N.W.

Atlanta 30314

.... J. C. Daugherty, Sr.

202 Daugherty Bldg.

15 Chestnut St., S.W.

Atlanta 30314

Mrs. Lottie Heywood Watkins ....107 Mathewson PL,

S.W., Atlanta 30314

35

J..7E6.5(SBhilolryt)erMTceKr.i,nNne.Wy ..-

Atlanta 30318

36

G.5D32. AStd.aJmohsns Ave., --

S.W., Atlanta 30315

37

D.a1v9i0dWSceontdtell Dr., S.E...../HsHg

Atlanta 30315

38

M.2rs2.11HCenasrcieatdtae RMda.,thSi.sWC. anty

Atlanta 30311

39

B.o2b07H3oClmaescsa.d..e....R...d.., S.W.

Atlanta 30311

40

D.i2c7k04LaHneumphries St. --.

East Point 30344

41-- .. Greg Pilewicz

.2307 Plantation Dr.

East Point 30344

42 ...

Virlyn B. Smith ....

.330 Rivertown Road

Fairburn 30213

43-Post 1 Charles L. Carnes

.1079 Spring St., N.W.

Atlanta 30309

43-Post 2 Bettye Lowe

.591 W. Paces Ferry,

Rd., N.W.

Atlanta 30305

43-Post 3---- John J. Greer

-- .802 Healey Building

Atlanta 30303

44

John Linder

. 5039 Winding Branch

Dr., Dunwoody 30338

45

Ge.3o3r5g8e RWeinllnieasmDsornive

Atlanta 30319

46

Ca1t7h3e2yDWun. wSoteoidnybePrlgace,

N.E., Atlanta 30324

47

- . Jo.2e5B98urWtoonodwardia Rd.,

N.E., Atlanta 30345

48

. M..2r0s2. 4BCetatystlJeowWayilDliar.m, s .--

N.E., Atlanta 30345

49

E-4w11ellD(eHcatnukr)FEedll.ioBttld, gJ.r.

Decatur 30030

50

J..o1h36n0HHaawrkvianrsd Rd., N.E.

Atlanta 30306

51...-

Mrs. Mobley (Peggy) Childs . ..520 Westchester Drive

Decatur 30030

52

Eleanor L. Richardson

..755 Park Lane

Decatur 30033

MEMBERS OF THE GENERAL ASSEMBLY 2469

District Representative

Address

53- Sjfe Douglas Vandiford

3201 Kensington Road

Avondale Estates 30002

54 .

Rev. Hosea L. Williams

8 East Lake Drive, N.E.

Atlanta 30317

55

- - Betty J. Clark

_

Atlanta 30316

56-Post 1 Wm. C. (Bill) Mangum, Jr. 4320 Pleasant Forest Dr., Decatur 30034

56-Post 2 Joe J. Johnston

..4190 Kimlie Cove Decatur 30035

56-

Post 3 Tommy Tolbert --

Decatur 30032

57-

Clarence R. Vaughn, Jr.

Conyers 30207

58

Cas Robinson

Stone Mountain 30083

59

R. T. (Tom) Phillips

Stone Mountain 30087

60

Charles C. Martin

Buford 30518

61

- Vinson Wall

Lawrenceville 30245

62

Hugh Logan

Athens 30601

63

Bob Argo

Athens 30603

64

John D. Russell

Winder 30680

65

Thomas "Mac" Kilgore ,,

Douglasville 30135

66-Post 1 Gerald L. Johnson

P.O. Box 815

66-Post 2 Charles A. Thomas, Jr.

Carrollton 30117 ... P. O. Box 686

Temple 30179

67

Nathan G. Knight

Newnan 30263

68

J. Crawford Ware

Hogansville 30230

69-

Edwin G. (Ed) Mullinax P.O. Drawer 1649

LaGrange 30241

70

Claude A. Bray, Jr.

617 Mayes Way

Manchester 31816

71-Post 1 ... James R. (Jim) Fortune, Jr. ... P.O. Box 116

Griffin 30224

71-

Post 2 -- John L. Mostiler

Griffin 30223

72-

Post 1 Wm. J. "Bill" Lee

Forest Park 30050

P.O. Bo
1569 A 2150 M 4720 Fel 1703 Po 470 Hil 1694 Lit 1328 Pri P.O. Bo P.O. Bo 1992 Ta
P.O. Bo P.O. Bo
--.150 M 5325 H

2470 MEMBERS OF THE GENERAL ASSEMBLY

District Representative 72-Post 2 Jimmy W. Benefield

72-Post 3 - Jim Wood --

72-Post 4 Rudolph Johnson

73

74

75

76

77

78

79

80

81...

W. Jones Lane

82

83

84

85

86

87

88

89 -

Donald E. Cheeks --

90

David J. Swann _

91 92

93

Address

_ .6656 Morning Dove PI.

Jonesboro 30236

.5676 Sequoia Drive

Forest Park 30050

.5604 Reynolds Rd.

Morrow 30260

.6G30. RNiochrtahrdHCenhraymBblevrdli.n

Stockbridge 30281

PP.Oh.ilBipoxA8. 4J6ohnson

Covington 30209

PB.Oo.bbByoxCa6r9r0ell

Monroe 30655

-- PB.Oe.nBBoaxrr2o4n5 Ross

.

Lincolnton 30817

.3.W90i7llWiamashSi.ng(Btoinll)RJoacdkson

Martinez 30907

.2B33illMJocnDeosnough Rd.

Jackson 30233

.7M09arGvrienenAwdoaomdsRoad

Thomaston 30286

.2B0eEn.soMnaHinaSmt.

Forsyth 31029

P.O. Box 484

Statesboro 30458

PRoauutle E4. Nessmith, Sr.

Statesboro 30458

PE.Om.oBryoxE.44B7argeron

Louisville 30434

PW.Oa.rrBeonxD5.39Evans ...

Thomson 30824

--1R1.20AP. iDnenStt.

Augusta 30901

BMe.nnJo. c"kMMikiell"RPoaaddgett -----

Augusta 30906

--RJaecs:k7C06onMneollntrose Ct.

Augusta 30904

Mailing: P.O. Box 308

Augusta 30903

-8G0.3 FJ.oh(nDsanRnoya)d Daniel, Jr.

Augusta 30904

714 Westminster Ct.

Augusta 30909

804 Camilla Drive

Augusta 30909

SWhi.loRhan3d18o2lp6h Phillips

.-----CPa.Olv. iBnoxSm18y1re

Columbus 31902

AP.lOb.erBtoWx .58T7hompson

Columbus 31902

MEMBERS OF THE GENERAL ASSEMBLY 2471

District 94 ... 95-... 96 97 98 99
100 101 102 . . 103 ... 104 .. . 105 106 107 108 109 .. 110 - . 111-- 112
113 114TM.. 115 116

Representative Sanford D. Bishop, Jr.
Thomas B. Buck, III Gary C. Cason Mary Jane Galer Bryant Culpepper Burl Davis
Frank Pinkston ... William C. (Billy) Randall .. David E. Lucas -- --. Kenneth (Ken) W. Birdsong Frank Horne -- Jimmy Lord -- . Randolph C. Karrh ... . A. D. Clifton ... .Wilbur Edwin Baugh .... Bobby Eugene Parham .... Ward Edwards .... Don Castleberry .... . E. Roy Lambert ....
.Ted W. Waddle .... Roy H. (Sonny) Watson, Jr. Larry Walker . . Bill Murray

Address
P.O. Box 709 Columbus 31902 P.O. Box 196 Columbus 31902 3128 College Dr. Columbus 31907 7236 Lullwater Rd. Columbus 31904 Quail Hollow Fort Valley -31030 Law Plaza-- 740 Mulberry St. Macon 31201 850 Ga. Power Bldg. Macon 31201 P.O. Box 121 Macon 31202 448 Woolfoik St. Macon 31201 820 Gray Hwy. Macon 31201 612 Ga. Power Bldg. Macon 31201 P.O. Box 254 Sandersville 31082 P.O. Drawer K Swainsboro 30401 Route 2 Metter 30439 Box 926--Gordon Road Milledgeville 31061 P.O. Box 606 Milledgeville 31061 P.O. Box 146 Butler 31006 P.O. Box 377 Richland 31825
Home: 543 N. Main St. Office: P.O. Box 169 Madison 30650
113 Tanglewood Drive Warner Robins 31093
P.O. Box 1905 Warner Robins 31093
P.O. Box 1234 Perry 31069
.124 W. Forsyth St. Americus 31709

2472 MEMBERS OF THE GENERAL ASSEMBLY

District Representative

Address

117

..Ben Jessup

--

-101 Cherry Street

Cochran 31014

118

..Terry L. Coleman

-1201 4th Avenue

Eastman 31023

119

-J. Roy Rowland

..103 Woodridge Rd.

Dublin 31021

120

-L. L. "Pete" Phillips

-P.O. Box 166

Soperton 30457

121

..Thomas B. "Tommy" Clifton,

Jr. __:1

-P.O. Box 660

Lyons 30436

122

. Arthur M. Gignilliat Jr. -36 Althea Parkway

Savannah 31405

123

. Albert (Al) Scott

-859 East 31st St.

P.O. Box 1704

Savannah 31402

124

Joseph A. (Joe) Battle

-2308 Ranchland Drive

Savannah 31404

125

. Robert P. (Bobby)

Phillips, III --

-P.O. Box 8305

Savannah 31412

126 ,,

Herbert Jones, Jr. ....

,,413 Arlington Road

Savannah 31406

127--.

Bobby L. Hill

..923 W. 37th St.

Savannah 31401

128

..Tom Triplett --

-P.O. Box 9586

Savannah 31402

129

..George Chance --

-P.O. Box 373

Springfield 31329

130

..Bob Hanner

..Route 1

Parrott 31777

131

..Charles Hatcher ....

-P.O. Box 750

Albany 31702

132..

John Wh. ite .... . -P.O. Box 3506

Albany 31706

133..

R. S. "Di. ck" Hutchinson ... 915 6th Avenue

Albany 31701

134 - .

. Lillian H. Parkman ....

-106 Holley Drive

Albany 31705

135--

..Howard H. Rainey --

-913 3rd Avenue, E.

Cordele 31015

136-

. Earleen, Wilkerson Sizemo:tre ..Route 3

Sylvester 31791

137^-.. . Paul S. Branch, Jr

-P. O. Box 99

Fitzgerald 31750

138-Post1 . -Lundsford Moody

-- P.6 Box 32

Baxley 31513

138-Post 2 . Joe R. Greene ....

- P.O. Box 497

Jesup 31545

MEMBERS OF THE GENERAL ASSEMBLY 2473

District Representative

Address

139

Rene D. Kemp

-P.O. Box 907

Hinesville 31313

140..

. Ralph J.. Balkcom .-- .. ..Route 1

Blakely 31723

141

..Walter E. Cox ...

..202 West Street

Bainbridge 31717

142..

Bobby Lo. ng .... . -P.O. Box 202

Cairo 31728

143 ....

. Robert C. (Bob) Sise .

. P.O. Box 881

Thomasville 31792

144

Marcus E. Collins, Sr.

Route 1

Pelham 31779

145..

Hugh D. . Matthews .. ..Route 1

Moultrie 31768

146-Post 1. Henry Bostick

-P.O. Box 94

Tifton 31794

146-Post 2 Monty Veazey ...

-P.O. Box 1572

Tifton 31794

147

. Henry L. Reaves ....

Route 2

Quitman 31643

148

James M. Beck .

2427 Westwood Drive

Valdosta 31601

149 .

. Robert L. Patten ...

..Route 1, Box 180

Lakeland 31635

150..

Tom Crosby, Jr. ....

.705 Wacona Dr.

Waycross 31501

151

. Harry D. Dixon ...

-1303 Coral Road

Waycross 31501

152-Post 1 1 James C. Moore ...

...Route 2

West Green 31567

152-Post 2 . ..Tommy Smith ....

..Route 1

Alma 31510

153. .

. James R. Tuten, Jr. .

.528 Newcastle St.

Brunswick 31520

154

Dean G. Auten ....

...628 King Cotton Row

Brunswick 31520

For any information regarding these ACTS and RESOLUTIONS please contact
DAVID B. POYTHRESS Secretary of State

3 ElOfl 03E50 7041 DOES NOT CIMtO^11

Acts and resolutions of the General Assembly of the state of Georgia, 1980

Locations